Catalogue 2010 / 2011
Catalogue 2010 / 2011
Catalogue 2010 / 2011
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7.4. If the order concerns job processing work or further processing of objects, we are not liable<br />
for consequential impairment to the product to be improved or further processed, unless that<br />
damage was caused intentionally or by act of gross negligence.<br />
7.5. Defects of a part of the delivered product do not qualify for reclamation of the entire<br />
delivery, unless the breach of duty is considerable.<br />
7.6. With colored reproductions in all printing methods, minor deviations from the original<br />
cannot be reclaimed. The same applies for the comparison between imprinting and production<br />
printing. Guarantee claims are inapplicable in the event of adherence to tolerances customary<br />
in trade and industry.<br />
7.7. In case the defect of the product can be put down to the quality of the used material, we are<br />
entitled to assign our claims against the respective subcontractors to the purchaser. In this case<br />
we are liable in the same way as a guarantor, as far as the claims against the subcontractor do<br />
not exist due to default on our part and such claims are unenforceable.<br />
7.8. Excess or short deliveries up to 10 % of the ordered print run correspond with the usages<br />
of business dealings customary in trade, thus do not entitle to reclamations. The delivered<br />
quantity is invoiced. The respective latest version of point b) of the business conditions of the<br />
paper industry of the federal territory applies for delivery of papers and cardboard boxes from<br />
customary production.<br />
7.9. No guarantee is assumed for damages that have occurred for the following reasons:<br />
a) unsuitable or improper use,<br />
b) faulty assembly by the purchaser or third parties, despite proper and comprehensible assembly<br />
instructions,<br />
c) faulty commissioning by the purchaser or third parties,<br />
d) natural wear,<br />
e) faulty or negligent treatment,<br />
f) unsuitable operating resources,<br />
g) replacement material,<br />
h) chemical, electronic or electrical influences, provided that these cannot be put down to<br />
default of the supplier.<br />
7.10. The supplier ensures that deliveries correspond to the legal, product-related regulations<br />
effective in Germany.<br />
8. Storage, insurance<br />
8.1. Drafts, drawings, basic materials, print substrates, tools and other reutilisable objects,<br />
as well as semi-finished and finished products are only stored beyond the delivery date after<br />
prior agreement and against particular payment. The agent is solely liable in the event of acts of<br />
intention or gross negligence.<br />
XVI<br />
8.2. The above-mentioned objects, provided that the principal provides these, are handled with<br />
care up to the date of delivery. We are only liable for damages in the event of acts of intent or<br />
gross negligence.<br />
8.3. If the above-mentioned objects are to be insured, the purchaser must provide the insurance<br />
them himself/herself.<br />
9. Apparatus and copyright<br />
9.1. Apparatus, tools and other drafts developed and manufactured by us for execution of the<br />
order remain our property, even if proportionate costs have been invoiced.<br />
9.2. The purchaser is solely responsible to ensure that no third-party rights, particularly<br />
copyrights, patents or utility models are violated through the execution of his order. The<br />
purchaser must release us from all third-party claims due to violation of laws.<br />
10. Impressum<br />
We can suitably point out contractual products of our company. The purchaser can only refuse<br />
consent, if he is predominantly interested in doing so.<br />
11. Place of execution, legal venue, effectiveness<br />
11.1. Place of execution is Dassel.<br />
11.2. If the purchaser is a general merchant, legal entity under public law or tangible assets<br />
under public law, exclusive legal venue for all disputes arising between the parties, including<br />
proceedings relating to bills of exchange and documents, is the Local Court Einbeck or the<br />
District Court Göttingen, depending on the competence. The same legal venue applies,<br />
if the purchaser does not have a national general legal venue, if he moves abroad or if the<br />
purchaser’s domicile or common place of residence is unknown at the time of institution of<br />
legal proceedings.<br />
11.3. Possible inefficacy of either one or several of the provisions of these terms of delivery does<br />
not affect the efficiency of the remaining provisions.<br />
11.4. The contracting parties commit themselves to replace the ineffective provision with<br />
a regulation that comes as close as possible to the ineffective provision as regards economic<br />
success.<br />
12. Miscellaneous<br />
12.1. The law of the Federal Republic of Germany applies, excluding the UN purchasing law.<br />
12.2. We are authorised to process, i.e. store, transmit, alter and delete personal data entrusted<br />
to us within the scope of our business relationships, in accordance with the purpose of our<br />
order.