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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.

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