General terms & conditions
All operations are carried out solely on the basis of the following terms. They also apply to all future business relations, even if this is not expressly agreed again. Different rules must be in writing. Confirmations of the customer and the application of its own terms and conditions are hereby rejected.
In the Contractor's bid prices quoted are subject to the condition that the bid specification underlying order data remain unchanged. All prices and offers are subject to change. It is calculated each day the order is placed current prices plus VAT. They are ex-warehouse. In manifestly erroneous pricing or obvious calculation errors, we are entitled to appropriate additional claims.
First Unless otherwise agreed in writing, delivery against invoice. It is a payment period of 10 days net. Here at the outset of the contractor is critical. For new customers advance tax payment by cash or net.
Second For provision of unusually large amounts of textiles, special materials or inputs, especially for custom, this advance may be required.
First Is the fulfillment of the payment claim for an after the contract has occurred or became known in the financial circumstances of the customer risk, the Contractor may withhold payment and immediate payment of all outstanding and not yet due invoices require not yet delivered, and further work on yet current orders set. These rights belong to the contractor even if the customer despite its distortion substantiated warning makes no payment.
Second With default interest at the rate of 5% to be paid above the base rate. The assertion of further damages is not excluded.
First Shipment, the Contractor prior to the client with the appropriate care, is liable only for intent and gross negligence. Shipping is insured at the expense of the customer and at the risk of the recipient, unless the customer expressly and each process other shipping instructions are provided. Missing packages, and transport damage must be filed directly with the carrier.
Second Delivery dates or deadlines are only valid if they are confirmed by the contractor explicitly. Deliveries before the delivery time and Part deliveries are permitted. Fixed dates are excluded and will not be accepted.
Third If the contractor is in default with his performance, he is at first by writing a reasonable period of time. After expiry of the grace period, the client may withdraw from the contract. § 361 BGB remains unaffected. Any claims for damages from delay in delivery or non-delivery are excluded.
4th Delivery and service delays and failures due to force majeure and due to events that make the contractor's obligations or impossible (make are particularly strikes, lockouts, transport barriers, lack of raw materials, regulatory actions - also experienced our suppliers - as well as late self-supply), the contractor is not responsible even if binding deadlines and dates. They entitle the Contractor to delay the contractual service for the duration of the hindrance plus a reasonable time or because of the unfulfilled part of all or part of the contract. From such delays or cancellations, the customer can derive no recourse. The principles relating to the frustration of contract shall remain unaffected.
5th The goods until payment in full to the date of invoice claims of the contractor against the client's property. To resell the client is entitled in the ordinary course of business. The client assigns his claims from the resale to the contractor. The Contractor accepts the assignment.
6th The contractor to the client delivered clichés, manuscripts, screening, raw materials and other goods entitled to a lien pursuant to § 369 HGB until complete settlement of all outstanding claims from the business relationship.
First The client has to check the conformity of the delivered goods and the sent for correction primary and intermediate products in any case. The risk of any errors is with his declaration over to the client, where they are not errors, which are the first to be created in the print production process following his declaration or could be identified. The same applies to all other approvals of the client for further production.
Second Complaints will be accepted only within one week of receipt of the goods and shall be in writing in any case. Hidden defects that can not be found after the immediate examination may only be asserted against the contractor, if the claim within 6 months after the goods have left the supplier, enter the Contractor.
Third For legitimate claims of the Contractor shall at its option, to the exclusion of other claims for repair and / or replacement, and up to the amount of the order, unless lacking an assured property or the contractor or his agents have acted with intent or gross negligence . The same applies in the event of a justified complaint of repair or replacement. In case of delayed, neglected or failed repair or replacement, the customer may withdraw from the contract. § 361 BGB remains unaffected. Liability for consequential damages is excluded, unless the contractor or his assistant on intent or gross negligence. Where the contract processing work or further processing of printed matter the subject, the Contractor shall not be liable for the harm caused thereby to be refined or further processed the product, unless the damage was caused intentionally or by gross negligence.
4th Lack of a part of the delivered goods shall not reject the entire delivery, unless the partial delivery to the client is of no interest.
5th For color reproduction in all printing processes and the production of colored textiles, slight deviations from the original can not be objected to. The same applies to the comparison between proofs and production prints. Commercial and technically unavoidable small deviations of range, quality, color, weight, design or equipment can not be rejected. We reserve the right, in case of shortage of supply to be used by suppliers, comparable replacement product without notice.
6th The Contractor shall be exempt from any liability if the customer washing or cleaning conditions fails to hold, the same applies to the durability of the pressure on the delivered goods from customers. For the durability of printing on textiles that are not made of cotton, in principle not liable. Goods are supplied by the client or artwork etc., thus eliminates one of the contractor's liability in any unsuitability of the delivered goods, if the unsuitability was not obvious.
7th Returns of any kind will be accepted only if they are packaged free, original and made with our express consent. Unfree and not agreed returns will not be accepted. Returns Returns agreed, where a legitimate complaint is based, will be credited retroactively. Return of sample orders are excluded. There is no return policy.
8th The exchange of delivered goods at fixed bill is only in exceptional circumstances and with prior agreement possible if the client all costs are taken and the goods will be returned in original box.
9th We would like to inform that we have data - as far as necessary for business purposes and as part of the Federal Data Protection Act (§ 26 BDSG) - store by electronic data processing and process.
VII property, copyright
First The Client is solely responsible if hurt by the execution of his order at the client asked artwork rights, especially copyrights of third parties. The Client shall indemnify the Contractor against all third party claims arising from such infringement.
Second In addition, the general contractor remains the copyright or other intellectual property rights when a pictorial, graphic or photographic representation of the contractor or the like designed was designed or adapted, except for the application, in writing agreed otherwise.
Place of performance, jurisdiction, validity
First Performance and jurisdiction for all claims arising from the contract claims and litigation is Hamburg.
Second The law of the Federal Republic of Germany.
Third If any provision in these Terms and Conditions or in other agreements be or become invalid, the validity of all other provisions or agreements is not affected. Possibly ineffective provisions shall be replaced by those permitted to come to the economic intent. The same applies to any gaps in these conditions. Otherwise, the general laws.
First Unless otherwise agreed, the customer accepts advertising by fax, e-mail and regular mail. Customers want no more advertising, this is respected by us after it has been notified in writing to us.
E&S Textilvertrieb - Winsener Strasse 71-21077 Hamburg - Phone: 040-77110400