Terms and conditions
General terms and conditions of delivery and payment
All agreements and offers are based on the following terms and conditions of Gebrüder Voit GmbH (hereinafter referred to as Contractor). They shall be deemed to have been accepted by placing the order or accepting the delivery if the Customer has been given the opportunity within the framework of the business relationship to become aware of their contents in a timely and reasonable manner. Any deviating terms and conditions of the Customer which the Contractor does not expressly acknowledge in writing shall not be binding, even if they are not expressly objected to.
I. Price offer
- The offers are valid only in written form.
- The prices quoted are subject to the proviso that the order data on which the quotation was based remain unchanged. The prices offered are € – net prices (excluding VAT) and remain valid for a maximum of 4 months from receipt. They apply ex works, unless otherwise agreed. Shipment shall be at the risk and, unless otherwise agreed, for the account of the customer. Packaging shall be determined in accordance with the order confirmation, whereby pallets, cover boards, wooden crates and other loan packaging shall remain the property of the Contractor. the return shipment must be made within a reasonable period of time in perfect condition and – unless otherwise agreed – free of charge
II. Order acceptance - order - order placement - order modification
- The contract shall be deemed concluded when the order has been confirmed in writing by the Contractor. Subsequent changes to the order – caused by the Customer – shall entitle the Contractor to make corresponding changes to the contractual conditions affected thereby. All amendments to the contract or its cancellation must be made in writing.
- If the Contractor subsequently becomes aware of circumstances that make the solvency of the Customer appear questionable, it may make further processing of the order and delivery dependent on advance payment or demand appropriate security.
- Consent to the technical data by the client:
Print and/or execution templates submitted to the Customer by the Contractor shall also be checked by the Customer with regard to all properties essential and required for the use of the packaging material. The Client shall sign and return the documents as a sign of consent. If corrections are necessary, they must be clearly indicated. The Contractor shall not be liable for any recognizable defects which the Client overlooked or did not object to during the inspection, unless the Contractor fraudulently concealed such defects.
- Quantity tolerance:
In principle, the contractor is entitled to make production-related over- or under-deliveries of up to 10%.
- Quality tolerance:
The order shall be executed in accordance with the general state of the art within the technically necessary material and process-related tolerances in customary quality, unless specified execution standards have been agreed with the customer in individual cases.
- Delivery time:
Compliance with an agreed delivery time, which requires express written confirmation, presupposes that the customer fulfills his obligations (e.g. provision of printing documents, consent to the execution templates, etc.) on time. If the client requests changes to the order after the order confirmation, which affect the production time, a new delivery time begins with the confirmation of the change.
- Performance issues:
If the Contractor delays performance, the Customer may only exercise the rights under Section 323 of the German Civil Code if the Contractor is responsible for the delay. A change in the burden of proof is not associated with this regulation. Operational disruptions, both in our own operations and in those of third parties, on which production and transport are substantially dependent, shall release us from compliance with the delivery deadline without compensation, insofar as remedial action cannot be taken in good time or only at disproportionate expense. In this case, the delivery time is extended by the duration of the disruption. Operational disruptions in this sense shall be all impediments of a serious nature which, viewed objectively, the Contractor is neither responsible for nor could have foreseen, in particular general shortages of raw materials and energy, traffic bottlenecks, official interventions, labor disputes, war and export as well as all extended fires. The above paragraph shall apply mutatis mutandis if the Contractor is not supplied on time by upstream suppliers despite congruent covering purchase.
Acceptance shall take place in accordance with the contractual agreements. If acceptance on call has been agreed, the goods must be taken delivery of after 6 months at the latest, unless otherwise expressly agreed. If acceptance is delayed, the Contractor shall be entitled to charge the costs incurred as a result. The risk of quality and danger shall pass to the Customer at the latest after the expiry of 6 months from the agreed first delivery date.
- Payment must be made immediately upon receipt of the invoice without any deductions. Any discount agreement does not apply to freight, postage, insurance or other shipping costs. The invoice shall be issued on the day of delivery, partial delivery or readiness for delivery (debt to be discharged at the place of performance, default of acceptance). Bills of exchange shall only be accepted by special agreement and on account of payment without granting a discount. Interest and expenses shall be borne by the customer. They are to be paid immediately by the client. The Contractor shall not be liable for the timely presentation, protest, notification and return of the bill of exchange in the event of dishonor, unless the Contractor or its vicarious agent is guilty of intent or gross negligence.
- In the event of extraordinary advance performance, reasonable advance payment may be required
- The customer may only offset or exercise a right of retention against an undisputed or legally established claim.
- If, after conclusion of the contract, it becomes apparent that the fulfillment of the payment claim is jeopardized by the Customer’s inability to pay, the Contractor may demand advance payment, withhold goods not yet delivered and suspend further work. The Contractor shall also be entitled to these rights if the Client is in default of payment for deliveries based on the same legal relationship. § 321 II BGB remains unaffected
- In the event of default in payment, interest on arrears shall be payable at a rate of 8% above the prime rate. This shall not preclude the assertion of further damage caused by default. If the customer pays the price, including incidental costs, within 10 days after receipt of the invoice and delivery of the goods, the customer shall be entitled to claim damages. Digit. I (“Prices”), he shall be in default even without a reminder.
V. Retention of title
- The ownership of the delivered goods remains with the contractor until full payment of the purchase price. If the goods are resold, even if in a processed state, the counterclaim for this resale shall be deemed to have been assigned to the Contractor with first priority, in whole or in part, to the amount of its claims from the delivered goods.
VI. Duty to examine, notice of defects and limitation period
- The goods shall be inspected immediately upon arrival at the place of destination and handled with the care of a prudent businessman. The test shall cover all properties essential and required for the use of the packaging material. The obligation of the customer to inspect the delivered goods also exists if reference samples have been sent.
- Obvious defects must be reported in writing within a period of one week from receipt of the goods, hidden defects within a period of one week from discovery; otherwise the assertion of the warranty claim is excluded. Defects in a part of the delivery cannot lead to a complaint about the entire delivery, provided that a separation of the defect-free and defective parts is possible by reasonable means.
- In the event of justified complaints, the Contractor shall initially be obliged and entitled to rectify the defect and/or make a replacement delivery at its discretion. If the Contractor does not comply with this obligation within a reasonable period of time or if the rectification of defects fails despite repeated attempts, the Customer may demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal).
- The Contractor does not warrant that the packaging materials are suitable for the purpose intended by the Customer unless specific properties are warranted in writing . In the case of color reproductions in all manufacturing processes, minor deviations from the original cannot be objected to. The same applies to the comparison between other originals (e.g. digital proofs, press proofs) and the final product. Furthermore, liability for defects that do not or only insignificantly affect the value or the usability is excluded. The contractor shall only be liable for deviations in the quality of the material used up to the amount of the order value.
- The Contractor shall only be liable for light fastness, variability and deviations of colors and bronzes as well as for the quality of bonding, varnishing, lamination, impregnation and coating to the extent that defects of the materials were recognizable prior to their use upon proper inspection.
- Claims for damages and reimbursement of expenses by the client, regardless of the legal basis, are excluded.
This disclaimer does not apply
- in the event of damage caused intentionally or by gross negligence,
- in the event of a slightly negligent breach of material contractual obligations, including by legal representatives or vicarious agents of the Contractor; in this respect, the Contractor shall only be liable for the direct average damage that is foreseeable and typical for the type of product,
- in the event of culpable injury to the life, body or health of the client,
- in case of fraudulently concealed defects and assumed guarantee for the quality of the goods,
- in the case of claims arising from the Product Liability Act.
- Claims of the Customer for warranty and damages (Sections VI. and VII.) shall become statute-barred after one year beginning with the (delivery) of the goods, with the exception of the claims for damages mentioned in Section VII. This shall not apply if the Contractor has acted fraudulently.
IX. Sketches, drafts and other preliminary work
- Sketches, drafts and other preliminary work ordered by the client – will be charged even if no order is subsequently created.
- The client is responsible for checking the right of reproduction and copyright of all artwork, drafts and finished samples, unless he has expressly given the contractor an order to this effect. The Contractor shall inform the Client of any conflicting rights known to it.
- The copyright and the right of reproduction in any process and for any purpose of own sketches, drafts, originals, films and the like shall remain with the Contractor, subject to any express provision to the contrary, even if the order has not been placed.
- Lithographs, printing plates, copy templates, printing plates, matrixes, embossing plates, punching tools and contours, printing cylinders and the like shall remain the property of the Contractor, even if pro rata cost contributions are invoiced for them. There is no obligation to surrender – even duplicates.
- A storage obligation for third-party printing documents, manuscripts and other items provided exists only for 6 months from the delivery of the last order produced with the items.
- The Contractor reserves the right to apply its company text, logo or company identification number to deliveries of any kind in accordance with relevant practices and regulations and the given space.
XII. Data protection
- In accordance with §26 of the Federal Data Protection Act (BGB I 1977 I,S.201), the Contractor shall inform the Client that the Contractor has stored the Client’s data required to carry out the commercial course of business.
XIII. Place of Performance, Jurisdiction and Partial Invalidity
- Amendments to the contract must be made in writing to be effective. Verbal agreements to waive the written form are null and void.
- Place of performance is Nürnberg. If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from the contractual relationship, including proceedings relating to checks, bills of exchange and documents, shall be Nürnberg. German law shall apply to the contractual relationship. UN sales law is excluded.
- Any invalidity of one or more provisions shall not affect the validity of the remaining provisions.