1.Offer and prices
Our offers are always non-binding.
Orders are accepted only to our terms and conditions. They become binding by written confirmation or order acceptance, in each case however with delivery by the salesman. The conditions of the seller are always and exclusively, they are not changed or canceled by any own conditions of the seller or third parties. Silence of the seller is not considered approval. The orderer is liable for the delivery-related claim regardless of the recipient of the delivery. The acceptance of the goods by the purchaser or consignee shall be considered unconditional acceptance of these General Terms and Conditions.
Agreements of the customer with travelers, representatives and agents require our written confirmation. Our agents and travelers have no debt collection authority.
Unless expressly recognized as binding, the documents relating to our offers such as illustrations, signs, weights and measurements are only approximate. Interim product improvements are considered approved and benefit the purchaser at no additional cost.
We reserve the right to increase or decrease deliveries of up to 10%, as they are unavoidable for technical reasons. The actual delivered quantity is used for the calculation.
If the order is not placed, we are entitled to demand compensation for models, designs, advice and calculation.
All prices are ex works, excluding packaging, freight, postage, insurance and other shipping costs, plus VAT.
Packaging will be charged at cost price and credited back to us in undamaged condition within 4 weeks in the case of carriage paid return with 2/3 of the calculated value. Return of cardboard boxes is excluded.
Our prices are calculated based on the currently valid material prices, wages and external costs. Should these increase up to the delivery, then is entitled to charge appropriate prices. The customer hereby agrees to this now. Advance payments or advance payments of the customer do not change this.
2. Delivery times
We endeavor to meet the delivery and delivery conditions stated by us. Other periods of performance must be strictly adhered to. Nevertheless, in the absence of an express guarantee, they only have the meaning of giving the purchaser an approximate indication of the services. Exceeding the period does not entitle the purchaser to claim for damages.
The deadline is met if the delivery item has left the factory by the end of its term or if readiness for shipment has been notified.
We reserve the right to partial deliveries. For partial deliveries, the partial quantity delivered is calculated. The invoice for the partial quantity are due according to paragraph 3 of our terms and conditions.
If we are in default of delivery, then we have a reasonable grace period, at least four weeks to be granted. Fixed dates are not recognized by us.
Force majeure entitles us to a reasonable extension of the period or, at our option, to rescind the contract in whole or in part, without the purchaser being entitled to claims for damages against us. Force majeure includes, in particular, obstruction due to official measures, breakdowns, missing or otherwise committee, strike, lockout, other industrial action, delays in the delivery of accessories, raw materials and supplies, etc.
We are not obliged to meet the deadline if the customer does not fulfill his contractual obligations in time.
If the dispatch or the performance of other services is delayed on request or by the behavior of the customer (for example, absence of print approval, missing shipping address, delay of ready-to-use garments, etc.) we are entitled to charge the service rendered. In addition, we can demand the assertion of our resulting damage. For storage in our factory, we are entitled to charge 1% of the invoice amount for each month.
Call orders are fixed orders, whereby the quantity to be retrieved can be freely arranged by the buyer within the scope of our quantity scale. The maximum period during which call orders must be fulfilled is 12 months. We will provide and invoice the quantities not collected after 12 months. If call orders are issued during the year, our new price lists will apply from 1 January of the year unless expressly agreed otherwise in writing.
Small amounts below Euro 50, – are to pay immediately net.
The payment is always cash on delivery, unless otherwise expressly agreed in writing.
Settlement by check or by special agreement – by a bill of no more than 90 days for payment (payment by redemption). Discount, bill of exchange charges and any other costs shall be borne by the buyer.
In case of late payment, we are entitled to charge the buyer, the merchant within the meaning of the Commercial Code, from the due date and from the buyer, who is not a merchant, default interest at the rate of 2% above the respective bank interest plus VAT; the assertion of further damage remains reserved.
We reserve ourselves in case of payment difficulties of the buyer, in case of default of payment, check and bill protest to ensure the agreed purchase price or the payment prepayment or performance of a security – even for already confirmed orders prior to dispatch of the goods to demand or deliver cash on delivery. COD costs are charged to the buyer. In addition, in the event of payment difficulties by the buyer, we may immediately make all outstanding and deferred invoice amounts due and / or demand cash payment or security against the return of payments received by us.
The buyer waives the assertion of a right of retention to previous or other transactions of the current business relationship. For the buyer, the offsetting of counterclaims is only permitted if they are recognized by us and are due for payment or legally binding.
Regardless of any complaints or deficiencies in a delivery, the relevant invoice must be paid when due.
Payments by the purchaser can be made with liberating effect only to us, but not to a representative without appropriate authorization.
4. Retention of title
The delivered goods remain our property as reserved goods until payment of the purchase price. The retention of title shall not be canceled by the cessation of individual claims in a current invoice or by a balance and its recognition. Entering of bills of exchange in connection with the purchase price payment does not lead to the cancellation of the retention of title; This expires rather only when redeeming the bill of exchange by the buyer as a drawee and after repayment of all our claims against the buyer.
In the event of default of payment by the buyer, we are entitled to take back the reserved goods after a reminder and the buyer is obliged to surrender them. The buyer hereby allows us to enter his property and his business premises.
The new goods resulting from the agreement of the conditional goods shall be considered as manufactured for us and become our property without our being obliged to do so. Combination, mixing or mixing of the reserved goods with goods not belonging to us leads to co-ownership by us in accordance with the statutory provisions. In the cases mentioned, the buyer must store the reserved goods in our ownership or co-ownership for us free of charge.
In the case of the sale of the goods subject to retention of title or co-ownership, the buyer hereby assigns to us the resulting claim from the sale of goods in the amount of the value of the reserved goods; We hereby accept the assignment.
The buyer may reserve goods i.S. of sections 4. (1.) u. 4. (3.) And claims resulting from their sale shall neither be pledged nor assigned by way of security without our prior consent. He is obliged to notify us of third-party access to our property without delay, in particular to provide third-party enforcement measures immediately upon submission of the documents required for the objection.
Upon the occurrence of payment difficulties, check and bill protests, cessation of payment, complaints or the commencement of bankruptcy or a court or out-of-court settlement procedure, the right to further processing, use or installation of the reserved goods i.S. of sections 4. (1.) u. 4. (3.).
5.Drafts, drawings, tools, technical specifications, samples etc.
We reserve the right of ownership and copyright in drafts, drawings, cost estimates and other documents. They may only be made accessible to third parties in agreement with us. Insofar as we have delivered items according to drawings, models, samples or other documents which the customer has handed over to us, he shall assume the warranty that third-party property rights are not violated. If third parties prohibit us from making or supplying such objects under the protection of industrial property rights, we are not obliged to review the legal situation, but are entitled to cease all further activities and to demand compensation for the costs incurred and lost profits. In addition, the purchaser undertakes to indemnify us promptly against all claims of third parties that are connected with it. For all damages that arise from the assertion of property rights by third parties, the customer has to indemnify us.
Technical specifications (for example, dimensions, specific weights, HKS specifications) for the offers are not warranted properties but only commercially available designations. No liability is assumed for their compliance. We reserve deviations within the tolerances according to the DIN standards.
Deviations from patterns of previous deliveries are avoided, as far as technically possible. Insignificant deviations in quality, design and color grant no claims. Significant deviations only grant a right of withdrawal or replacement, but not on lost profits or damages of any kind. Reference samples with advertising imprints may not be used by our customers as a photocopy of their catalogs or brochures, because there is a risk that rights of third parties will be violated , The same applies to the provision of lithographs from our own catalog and prospectus documents. We must explicitly reject claims for damages in case of possible violations.
If an advertisement or other inscription of objects is desired, then a clean drawing with exact indication of the desired inscription size is to be submitted to us. If we do not receive a precise identification, the text design, type and status of the advertising remain with us.
If corrections are required, the customer is liable for any overlooked errors. If hearing or typing errors occur during the transmission of orders, advertising texts, etc. by telephone or data transmission, we assume no liability. It is recommended in such cases that the customer confirms the information provided in writing.
If tools, molds or other equipment are made by us or in our direction, we charge them half of them after placing the order and the other half after presenting the first samples. If no pattern is explicitly requested, or if there is no reason for no delivery from the tool, the second half of the tool cost calculation is due immediately after completion of the mold.
In some cases, amortization agreements can be made.
In view of our design performance, the tools, molds or other equipment and artwork remain our exclusive property. Movies that are calculated according to our price list are pro rata film costs and remain in our possession. If a customer wants to buy these, he has to pay the actual production costs, which are calculated according to expenditure per working hour.
If we receive diskettes (or other data carriers) with graphic data or other data from our customer, we assume that these are backup copies. We can not assume any warranty for these data carriers.
6. Textile Products
We strive to achieve the colors and rasters presented by you as closely as possible, but we must reserve certain tolerances, as is common practice in the field of textile printing.
If you waive a proof pattern, we expressly point out that any right of reclamation regarding text accuracy, printing inks and printing elements expires.
We draw your attention to the fact that deviations are due to product and production
can occur in processing, execution and material, as well as in printing in color, in the state and in the result. Furthermore, deviations in the quality such as the penetration of the textile in the printed image or fibers in the printed image may occur. These problems are production-related and can not be ruled out. Complaints are therefore excluded.
In general, the care instructions apply as shown in the textile. In addition, it should be noted that textiles that have been processed in textile printing processing may not be dried in a dryer. In addition, these textiles may only be ironed on the non-finished side.
Up to 3% or up to 5 pieces of rejects must be expected for textile printing. Invoice deduction in this regard is not possible.
7. Green Dot
We assume that the ordering of cotton bags is pure promotional bags that are not covered by the packaging regulations. If this is the case, we have to get a message from you for billing to the Dual System Germany. The costs will then be charged 1: 1 plus a processing fee of Euro 15.00 to you.
Complaints will only be taken into account if they are used immediately in accordance with Art. § 377 HGB, but no later than one week after receipt of the goods by registered letter to be displayed. In particular, for partial delivery, the requirement is essential so that further damage can be rented.
Defects of a part of the delivery do not entitle to the complaint of the entire delivery.
Complaints do not entitle to withholding payments.
Decisive for the quality of the goods delivered by us are the values given by us for the execution of the defect samples that are submitted for testing and approval. We reserve the right to insignificant deviations in the quality and delivery of the goods if they are unavoidable due to raw materials or technical reasons.
If the complaint is justified, we will come to the fault of our choice by repairing the goods, replacement or credit.
Claims for conversion of the purchase or reduction of the purchase price are excluded. Likewise, claims for damages, for whatever legal reason, are excluded. This also applies to consequential damage, in particular personal injury, property damage and breakdowns. No liability is accepted for our advice. It does not exempt the customer from the personal examination obligation.
9. Delivery abroad
All business and sales to foreign countries are completed on the basis of these terms and conditions. All rights under this contract are governed exclusively by German law. In the event that we have to take legal action abroad to enforce our contractual obligations, the Buyer agrees to take over and pay all court and out-of-court costs plus attorney’s fees. The customer abroad recognizes these conditions with the order, they are considered agreed.
The place of performance and place of jurisdiction for both parts is Halle / Saale only. The above terms and conditions, which underlie all agreements and offers, are deemed accepted by placing an order or by accepting the goods. They are binding even if contrary to the purchaser’s purchasing conditions are not expressly rejected by us. Deviating agreements are only effective if they have been accepted in writing by us in individual cases.
11. Under the terms and conditions, data about our customers and suppliers are stored and processed.
12. All previous terms and conditions of the seller are hereby repealed