Conditions Digital Media
GENERAL TERMS AND CONDITIONS OF
DIGITAL MEDIA GMBH
1. These terms and conditions of sale and delivery apply to all business relationships between us and our customers. They also apply to all future business relationships, even if they are not expressly agreed again. These apply at the latest upon receipt of our goods or services
Conditions, unless otherwise agreed, than accepted. Counter-confirmations by our customers with reference to their terms and conditions or purchasing conditions are hereby expressly rejected. They will not be recognized even if we do not express them again after we have received them
2. Deviating agreements are only binding if they are confirmed by us in writing .
3. The customer's rights from the contract concluded with us are non-transferable.
4. The ineffectiveness of individual contractual provisions does not affect the validity of the contract.
5th! We save required personal data as part of the business relationship
Data in accordance with Section 26 of the Federal Data Protection Act.
1. The customer's copyright is assumed for all work assigned to us . The client assures that he has the rights to use the original fonts and images used for the printouts and exposures. The client bears the consequences of any violation.
1. Our offers are subject to change and non-binding. Declarations of acceptance and all orders require our written or telex confirmation to be legally effective.
2. Drawings, illustrations, dimensions, weights or other performance data , including information from the supplier, are only binding if this is expressly agreed between the customer and us. A check on our part does not have to take place.
3. Insofar as the customer provides us with measurements, dimensions, samples or templates or the like or other technical documents or data carriers, we are not obliged to check them. We are also not obliged to check the expediency of offers.
4. We reserve sole ownership and copyright to the documents and models belonging to the offer .
5. Prices for individual items in an offer are only valid when the entire order is placed
III. confirmation of the order
1. Orders, agreements, assurances, etc., including those of our employees, require our written confirmation to be legally valid.
Our employees are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the written contract.
Quality or durability guarantees within the meaning of Section 443 BGB or other guarantees are only given if we have expressly made them.
2. Confirmed prices are only valid if the confirmed quantity is accepted and the dimensions are adhered to.
3. In the event of price and cost increases between the conclusion of the contract and the agreed delivery date, we are entitled to make a corresponding appropriate price adjustment , provided that a point in time of more than four months lies between the conclusion of the contract and the agreed delivery date . If the prices at the time of delivery exceed the initially agreed prices by more than 10%, the customer is entitled to withdraw from the contract.
4. Prices given are exclusive of packaging and transport costs.
IV. Delivery, delivery time and packaging
1. Delivery takes place at the expense and risk of the customer. If free delivery has been agreed, the risk is transferred when the vehicle arrives at the delivery address on the ground floor or at the point that can reasonably be reached by the vehicle. Our customer is obliged, insofar as this is technically necessary, to unload
to provide the necessary equipment or employees.
All delivery times or delivery dates specified by us are non-binding and will be adhered to whenever possible. Exceeding the delivery time does not entitle the customer to withdraw, penalties for default or claim damages.
2. Part deliveries are permitted within the framework of the statutory provisions. They are considered to be an independent delivery. We reserve the right to choose the transport route and means of transport unless expressly specified by the customer.
3. The delivery is to be checked for completeness, damage, transport damage and freedom from defects immediately upon receipt . Transport damage must be reported to the representative of the transporting logistics company upon acceptance. Subsequent damage in transit cannot be claimed.
4. Delivery dates and deadlines, which can be agreed as binding or non-binding, must be in writing.
5. Events of force majeure entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up time. Force majeure includes strikes, lockouts, mobilization, war, blockade, Off and import bans, raw material and energy shortages, fire, traffic stoppages, disturbances of operated be or transport or other circumstances that we are not responsible, and that no matter whether they occur with us, the sub- supplier or a sub- supplier . If the above events make delivery impossible
or unreasonable, we are entitled to withdraw from the contract.
Our customer can request a declaration from us as to whether we want to deliver within a reasonable period or to withdraw. If we do not make a declaration within a reasonable period , the customer can withdraw from the unfulfilled part of the delivery .
6. Our deliveries are subject to complete self-delivery, unless
because the delay or non-delivery is our fault.
7. We are entitled to take out transport and breakage insurance at the customer's expense . Reports of damage are to be submitted immediately upon receipt of the goods and immediately confirmed with conclusive evidence according to type and scope.
8. Goods delivered by us will only be taken back if they are in perfect condition and only after prior agreement with us if they are returned carriage paid. Goods taken back voluntarily will be credited depending on their condition, minus at least 15% of the costs. The credit will be issued as soon as we receive the manufacturer's credit . A return of custom-made products or goods specially procured at the customer's request is excluded.
9. All persons working on the order of our customer, such as employees, architects and clients of our customer, are deemed to have been authorized by the customer to give us instructions and explanations regarding the order .
10. If the client does not hand over the print data to be provided by him on time or if the submitted print data cannot be used without restrictions for production so that they require processing, we reserve the right to create or to create the print data ourselves , if possible revise it or have it done by third parties. In the latter case, we are entitled to pass on our costs to the customer. If we carry out the revision, we are entitled to charge an hourly rate of EUR 65 plus VAT .
11. If packaging is necessary, it will be done carefully and charged to the customer , but not taken back. If, however, the return of packaging has been agreed in special cases , after carriage-paid return in a reusable condition, credit for 2/3 of the calculated value will be made.
Special packaging will be taken back, but must reach us carriage paid within 14 days . Damaged and not returned special packaging will be invoiced at our cost.
1. Before the start of assembly, a responsible site manager must be named to our on-site assembly manager . All access and access routes as well as work areas must be accessible. Sufficient storage space for storing the goods to be assembled must be available in a suitable manner. Power connections are in
sufficient number with protection of at least 16 amperes are available to us free of charge .
2. If we do not provide the following services for a fee in accordance with our order , suitable substructures , to be approved by us and, if necessary, to be agreed with us, as well as structural requirements for the assembly, required static calculations and public law approval for the attachment of the by us must be provided on site delivering goods, official permits for our employees to work on weekends, public holidays or at night, provided that the work is carried out during these times
should be carried out.
3. Should our employees not be able to work smoothly for reasons for which we are not responsible , any waiting times will be charged at EUR 45 per hour per employee plus VAT and any expenses.
4. If advance payments by the customer or by third parties for special work have not been performed at the time our employees are deployed, this additional work will be charged separately, insofar as we have to do it in advance in order to be able to provide our contractual service ourselves. The corresponding services
are charged at an hourly rate of EUR 45 per hour / per person.
5. Additional costs due to changes in the construction schedule or additional costs resulting from the shortening of the time originally available to us for the order will be charged to the client. A prior notification to the client is not necessary.
6. If several or additional journeys to or from the site are necessary due to site-related requirements , these additional costs will be charged at EUR 1.10 per kilometer plus personnel costs .
7. Our assembly offers, which are created by us as part of an overall order, also only apply to the assembly of all goods ordered. If the customer only makes partial use of the assembly services, we are entitled to demand a reasonable surcharge.
8. With the use of our work by the client, the work is deemed to have been accepted, unless express acceptance has already taken place beforehand.
VI. Warranty and liability
1. Our liability is based exclusively on the following provisions.
2. Obvious defects must be reported to us in writing immediately, but no later than two weeks after delivery.
The defective delivery items are to be kept ready for inspection by us in the condition in which they were at the time the defect was discovered, or to be sent to us on request. Defects that cannot be discovered within this period even with careful inspection must be reported in writing immediately after they are discovered . A breach of the above obligations excludes any warranty claims against us after the statutory warranty period has expired .
Defects resulting from misleading, inaccurate or inadequate information
Complaints are excluded from the placing of orders.
3. By negotiating complaints, we do not waive the objection that
the customer's complaint was not received on time or was insufficient.
4. The warranty period is, unless a longer warranty period is agreed in individual cases or the manufacturer guarantees longer, one year if the customer is not a consumer and two years if the customer is a consumer and begins with the date of delivery. We do not assume any warranty
For Wear parts if the defect is revealed as wear and tear and wear has occurred within the usual wear time for the part in question.
We generally carry out warranty work at the place of performance. If the customer has moved the object of purchase to another location, we are not obliged to carry out maintenance there. If the customer assures us that he will pay the travel expenses of our fitters from the location of our company to the location of the delivered goods, release and travel time, we are also prepared to provide the guarantee at the respective location of the goods, unless a deployment at the location of the goods is unreasonable for us.
5. If the delivery item is defective or if there are no agreed guarantees or if it becomes defective within the warranty period due to errors or defects that were present at the time of handover , the customer can request supplementary performance, either at the customer's option to eliminate the defect or to deliver a defect-free item.
If the subsequent performance or replacement delivery fails, the customer can choose to withdraw from the contract.
In principle, there are no further claims. In particular, no claims for damages due to direct or indirect damage, unless otherwise expressly agreed.
6. Claims for damages to property due to delay, impossibility of performance, due to non-fulfillment, from positive breach of claims, from negligence when concluding the contract, from tort, are excluded both against us and our vicarious agents or vicarious agents, unless the damage was intentional or gross
was caused negligently or was caused negligently in the case of contractual main performance obligations or it concerns claims for damages from assured properties or a person was killed or injured.
In any case, our liability for damages is limited to the proven damage, but at most to 10% of the invoice value of the goods delivered by us , unless there was intent or gross negligence or a guaranteed property is missing or a person was killed or injured.
In the case of appointments that we cannot keep for technical production reasons , we will reject all subsequent costs incurred in advance.
In principle, we exclude any liability for the integrity of substrates that are to be pasted on or processed on behalf of the customer or provided by the customer .
Our technical statements relate to our products and are made without knowledge of the specific application situation.
7. We are not obliged to provide a guarantee as long as the customer has not paid the part of the purchase price owed under consideration of a defect.
8. Goods that are sold as inferior quality or used goods are sold to the exclusion of any warranty.
9. With ESG glass, production-related nickel sulphide inclusions can lead to spontaneous jumps. A hot storage test (ESG-H) can reduce this risk but cannot completely exclude it. Should breaks occur, they do not constitute a reason for complaint.
Should there be a so-called spontaneous breakage of the glass (caused by the aforementioned inclusions during glass production) during the production process at digital media , we assume no liability.
a) Payment terms
1. Unless otherwise agreed, our deliveries are payable immediately and without deduction .
2. Interest on arrears from the due date must be calculated at 8% points above the respective base rate of the European Central Bank.
3. If a discount is granted, it is a prerequisite that all previous invoices have been paid by then . The net invoice amount after deduction of discounts, freight, etc. is decisive for calculating the discount.
4. We are not obliged to accept bills of exchange and checks. We only accept bills of exchange subject to the possibility of discounting. Checks and bills of exchange are only credited after they have been cashed, assignments of claims only after payment . The claim and its due date remain unaffected until then. For timely
We do not accept any liability for redemption or protest. Discount, protest and collection charges are borne by the customer.
5. We are entitled, in spite of the customer's provisions to the contrary, to initially offset payments against his older debts and will inform the customer about the type of offsetting that has taken place. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the main claim.
6. Offsetting is excluded unless offset against an undisputed or legally established claim.
7. The assertion of rights of retention is excluded insofar as these rights of retention are not based on the same contractual relationship.
b) Late payment and creditworthiness
If the agreed payment deadlines are exceeded and our customer acts in breach of contract , we have the following rights:
1. To withdraw from all contracts and to demand compensation for non-performance, to assert our retention of title, to take possession of the delivered goods , to demand securities, to realize securities that have been provided, to make all outstanding payments due and to make outstanding deliveries only against prepayment .
2. To calculate default interest from the due date of at least 8% percentage points above the base rate of the European Central Bank.
3. To assert further damage caused by delay.
c) Changes in ownership, the form of business or other circumstances affecting the economic situation as well as changes of address must be reported to us immediately in writing. Such changes in the person or the economic circumstances of the customer entitle us according to ours
Judgment and choice.
1. To claim payment or security due to due or deferred claims from all existing contracts. This also applies to bills of exchange accepted,
2. to refuse to fulfill the existing contracts until advance payment or security has been provided .
d) Our customers always reserve the right to prove that we did not suffer any damage or that we suffered significantly less damage.
VIII. Retention of title
1. Until all claims (including current account balance claims) to which we are entitled against our customers for any legal reason now or in the future have been met, we shall be granted the following securities, which we will release upon request at our discretion, insofar as their value reduces our claims more than 20%
2. The goods remain our property. Processing or assembly is always carried out for us as the manufacturer, but without any obligation for us. If our ( co- ) ownership expires through combination or mixing, it is already agreed that the (joint) ownership of the customer in the unitary item shall be on us proportionally (invoice value)
transforms. The customer keeps our (co) property free of charge. Goods to which we have (co) ownership are referred to below as reserved goods .
3. Our customer is entitled to process and sell the reserved goods in the normal course of business , as long as he is not in default. Pledging or transfer by way of security as well as the agreement of assignment prohibitions are not permitted. Those from resale, processing or any other
The customer hereby assigns to us in full the legal grounds (insurance, unauthorized action) in relation to the reserved goods (including all balance claims from current account).
All our rights of retention of title (simple, extended, extended and current account reservation) do not expire even if goods originating from us are acquired by another buyer as long as he has not paid for the goods from us . This applies in particular to sales in affiliated companies.
We revocably authorize the customer to collect the claims assigned to us for our account in his own name. This authorization to collect can only be revoked if the customer does not properly meet his payment obligations.
4. If third parties access the reserved goods, the customer will be referred to our property and notify us immediately.
5. If the customer acts in breach of contract - in particular default of payment - we are entitled to take back the goods subject to retention of title and, if necessary, to demand the assignment of our customer's claims for surrender against third parties. The taking back and the seizure of the reserved goods by us lies - unless that is the case
Payment Act applies - no withdrawal from the contract.
IX. Fulfillment and jurisdiction
1. The place of performance for the delivery is the registered office of our company, even if we send the goods at the customer's request. The place of performance for all obligations of the customer is the seat of our company.
2. If the customer is a registered trader within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the seat of our company is the exclusive place of jurisdiction for all disputes arising directly or indirectly from our legal relationships with our customers .
3. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between us and our customers. The application of a uniform law on the international purchase of movable property is excluded.
Alexander Friedemann, Dipl. Wirtsch. Ing.
Dr. Arnaldo Cacaci, Dipl.-Kaufmann (Univ.)