General Terms and Conditions / GTC

§ 1 General – Scope of application 

1. Our terms and conditions apply exclusively; we do not accept conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity in writing. Our terms and conditions apply even if we perform the service without reservation in the knowledge of conflicting or deviating conditions of the customer.

2. All agreements made between us and the customer for the purpose of executing the contract must be set out in writing in this contract, this also applies to a waiver of the written form requirement.
3. Insofar as the customer is an entrepreneur, the general terms and conditions also apply to all future business with the customer.

§ 2 Offer, contract and samples
 

1. All telegraphic, telephone or oral supplements, amendments or additional agreements to our offer or the concluded contract require our written confirmation in order to be valid.

2. If the customer order qualifies as an offer, we can accept it within two weeks of receipt of the offer. The customer remains bound to the offer until this time. Our offers are non-binding until the receipt of our order confirmation.

3. In the case of obvious errors, typographical errors and miscalculations in our offers or order confirmations, or other documents, the offer is not valid or no effective contract shall be concluded.
The customer is obligated to inform us about such errors, so that our offer or our order confirmation can be corrected and renewed.

4. A purchase on trial or on inspection is not possible. A right of exchange of the customer in case of dissatisfaction with the goods does not exist. A temporary release of the goods as a “sample” or the like shall not be done. Non-return shipments will be charged.

§ 3 Payment terms

1. All prices are exclusive of VAT, freight, packaging and ancillary printing costs. The latter can be consulted in our current price list.

2. The payment for the ordered goods plus value added tax as well as applicable charges according to number 1 are payable for domestic customers within 30 days after delivery. If the invoice amount reaches us within 8 days of delivery, we grant a 2% discount. In the case of export customers, delivery is always on prepayment. For new customers, we reserve the delivery against prepayment or cash on delivery. The customer shall bear the costs of payment transfer.

3. The customer shall only be entitled to withhold payments if its counterclaims have been legally established, are undisputed or acknowledged by us. The same applies to the set off rights of the customer.

4. The assignment of claims, which are due to the customer from the business relationship with us, is excluded.

5. If we are obligated to deliver according to a reciprocal contract, we are entitled to refuse the service incumbent on us if, after the conclusion of the contract, it becomes clear that our claim to the service is jeopardized by a lack of solvency of the customer. In the event of a significant deterioration in the financial position and the threat of insolvency, we shall be entitled to perform deliveries only against advance payment or to demand the provision of suitable security. If this is not provided within a reasonable period of time, we are entitled to demand compensation for non-performance after this period.

§ 4 Price changes

1. Price changes within the scope of this contract are permissible if there are more than 6 weeks between the conclusion of the contract and the agreed delivery date. If wages, material costs or market cost prices increase within this period, we are entitled to increase the price reasonably in line with the cost increases. We will prove these cost increases to the customer on request.
The customer is only entitled to withdraw if the price increase substantially exceeds the increase in the general cost of living between order and delivery.

2. We reserve the right to increase the prices for our goods as well as the printing that are stated in our catalogues as well as on the internet, insofar as the market prices, the labour costs or the material costs, e.g. due to a change in the US dollar exchange rate, increase.

§ 5 Packaging and shipping

1. The delivery of the goods domestically shall be free of charge, provided that the invoice amount is more than 255.00 Euro. Otherwise, the customer shall bear the costs of shipping. For deliveries abroad, the export customer shall always bear the costs of shipping. If the customer is an entrepreneur, delivery shall always be at the risk of the customer. In this case, we shall be liable for the fault of our own transport persons only if we or our vicarious agents are guilty of intent or gross negligence.

2. In the absence of special agreements, we are free to choose the method of shipment.

§ 6 Object of the contract

1. Changes to the object of the contract remain reserved, insofar as the latter differs from the catalogue description or the sample sent with regard to the shape, colour, size and/or other design, provided that these deviations do not impair the customary use or are based on the nature of the materials used and for the customers are reasonable Due to reasonable and production related deviations, reference is also made to our customer information. The customer information can be requested from us or viewed at any time.

2. The colour information in the catalogue, in our offers and order confirmations refer to a print on a white background. Deviations on different coloured backgrounds are possible.
The same applies to a print on natural products. This can lead to deviations in terms of the printing ink and the embossing strength. Printing inks take approx. 2 weeks for optimum hardening.
An abrasion test can therefore only be carried out after that time. In addition, as in section 1, we refer to our customer information.

3. Tools, films, data clichés and rolls that were made or purchased to create the goods at the expense of the customer become our property, even if the customer has been charged for their purchase or production, as this is considered production related know-how. Insofar as tool costs have been stated in an offer, these are based on an estimate.
If it should be that this amount is not sufficient for production or acquisition, we are entitled to charge the customer the actual expense.

§ 7 Delivery period

1. a) The delivery period begins with the signing of the contract, but not before the ordering party supplies the relevant documents, approvals and releases, or prior to receipt of any advance payment agreed. The delivery period is met if the goods are ready for despatch or pickup.

2. The delivery period shall be extended with the occurrence of unforeseen hindrances beyond our control, e.g. operational disruptions, delays in the delivery of essential materials, insofar as such hindrances are demonstrably of considerable influence and responsible for the delivery of the delivery item and are not our responsibility. The same applies if the foregoing circumstances occur at subcontractors. The delivery period shall be extended according to the duration of such measures and hindrances. The aforementioned circumstances are also not our responsibility if they occur during an already existing delay.

3. Partial deliveries are permitted within the delivery periods specified by us, as long as there are no disadvantages for the use thereof.

§ 8 Retention of title

1. Printing materials (embossing stamps, lithographic films, printing plates and files) become our property. Embossing stamps, lithographic films, printing plates as well as customer files or templates that have been reformatted by us are kept by us for a maximum of 2 years. The original customer files or templates will only be stored beyond the delivery period after previous agreement and against special payment. Otherwise, they are to be picked up immediately by the customer, as they shall otherwise be disposed of.

2. We reserve the ownership of the delivery items until full payment has been received. If the customer is an entrepreneur, ownership of the delivery item is reserved until all payments from the business relationship with the customer have been received. The customer is entitled to sell the delivered goods in the context of proper business management, but not to pledge or assign them for security
. The customer hereby assigns to us the claims arising from this sale against its customers. The customer is obligated to provide us with information about such claims at any time as well as to provide us with necessary documents, in particular copies of invoices, insofar as it no longer meets its repayment obligations, in particular if our customer is in arrears with its payment obligations. This also applies if individual or all claims are included in a current invoice and the balance is drawn or accepted.

§ 9 The obligations of the customer

1. The customer shall provide the documents and data required for printing and other services required for the execution of the order immediately upon receipt of our order confirmation.

2. Before printing begins, the customer shall receive a print approval of the advertising imprint. The customer is obligated to check the printing condition, spelling and motif as well as other information. If there are no such errors, the customer shall release the check print within 5 days of receipt. If there are any errors concerning the printing condition, the spelling or the motif, the customer shall notify them within the aforementioned deadline. If the release or error notification is not made within the specified period, we reserve the right to postpone the agreed delivery date. Our resulting claims for damages shall be enforced in accordance with the law. Printing samples shall only be created at the express request of the customer. If it should be necessary to produce a print sample for printing technical reasons,
this shall be noted on our order confirmation and invoiced to the customer.

§ 10 Third party intellectual property rights
 

The customer shall ensure that the orders issued by it or the prints it has submitted are approved by the respective author. We do not perform any verification regarding this. The same applies to the violation of trademark, design samples, design rights or other industrial property rights. The customer shall release us on first request from claims from third parties for infringement of industrial property rights.

§ 11 Termination or withdrawal from the contract

1. If the purchaser terminates the contract, we are entitled to demand a payment of up to 20% of the contract amount without further proof of the expenses incurred thus far, insofar as the notification is received by us prior to the submission of the artwork to the graphic designer. If the notification of termination is received by us after the submission of the artwork to the graphic designer but prior to the release for printing, we shall be entitled to demand payment of up to 40% of the contract price without further proof of the expenses incurred thus far. If the notification of termination is received by us after the release for printing but prior to the creation of the Litho films and tools, we shall be entitled to demand payment of up to 55% of the contract price without further proof of the expenses incurred thus far. If the notification of termination is received by us after the creation of the Litho films and tools, we shall be entitled to demand payment of up to 100% of the contract price without further proof of the expenses incurred thus far. The customer is entitled to prove to us that we have saved higher expenses.

2. We are entitled, at our discretion, to demand compensation for the expenses actually incurred instead of the lump sums in accordance with the preceding paragraph.

3. Paragraphs 1 and 2 shall apply accordingly upon withdrawal from the contract.

§ 12 Warranty – liability

1. During a period of 12 months after acceptance or completion of the goods, we are entitled to choose between remedying the defect or providing a replacement free of charge. If we are unable to remedy an error that is subject to our warranty, the supplementary performance has failed or it is unacceptable for the customer to attempt further supplementary performance, instead of supplementary performance or replacement delivery, the customer shall be entitled to withdraw from the contract or demand a reduction (reduction of the remuneration).

2. If the goods are returned by the customer as part of the supplementary performance, this return must not be freight collect. The cost of the return shall be refunded by us or on request, the customer shall be sent free package labels if possible.

3. The costs of the supplementary performance, which are caused by the transfer of the goods to a place other than the place of performance, shall be borne by the customer. Replaced parts shall become our property. The supplementary performance shall only be carried out if the customer has previously paid the purchase price less a retention due to the defect. The retention may not exceed 3 times the cost of rectification.

4. The supplementary performance is deemed to have failed after the second unsuccessful attempt.

5. The right of the customer to demand damages in addition to the supplementary performance, the reduction or withdrawal (instead of or in addition to fulfilment) or compensation for futile efforts remains unaffected by the above provisions.

6. We shall be liable for any culpable injury to life, body or health. Otherwise, we are liable only for gross negligence and intent. For slight negligence, we shall be liable only if an obligation is violated, the compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the case of violation of the cardinal obligation, the liability is limited to 5 times the payment handed over and also to damages that are typically expected to arise within the framework of the conclusion of the contract.

7. The claim of the customer for compensation for damages due to delay is limited to 10% of the agreed purchase price in case of slight negligence on our part.

§ 13 Inspection and notification obligation

1. The customer is obligated to inspect the delivered goods for obvious defects which are obvious to an average customer and for quantity errors. Obvious defects and considerable, easily visible damage as well as quantity errors of the goods must be reported to us in writing without delay. The defects shall be described in detail. Defects that are not obvious must be reported to us immediately after detection by the customer. Otherwise § 377 of the German Commercial Code shall be valid.

2. In the event of a violation of the inspection and notification obligation, the goods shall be deemed to have been approved regarding the defect in question.

§ 14 Place of performance and court of jurisdiction

1. The place of performance for all services is our place of business. The jurisdiction for all disputes under this contract is Koblenz.

2. German law applies excluding the laws on the international purchase of movable property, even if the customer has its headquarters abroad.

§ 15 Miscellaneous

1. Transfers of rights and obligations of the customer from the contract concluded with us require our written approval to be valid.

2. Should a provision be or become invalid, the validity of the other provisions shall remain unaffected.

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Mank GmbH
Ringstrasse 36
D – 56307 Dernbach
Phone: +49(0)2689 9415-0
E-Mail: info@mank.de

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