I. Scope<\/strong><\/p>\n These general terms and conditions of business, delivery and payment (GTCs) apply to all business\u00a0relations with entrepreneurs (Article 14 of the German Civil Code), legal entities under\u00a0public law or special funds under public law. Corresponding Orders shall be exclusively carried\u00a0out on the basis of the following conditions, other terms and conditions shall not become part of\u00a0the contract, even if we do not expressly object to them. Individual contractual agreements take\u00a0precedence over these GTCs.<\/p>\n II. Prices, Conclusion of Contract<\/strong><\/p>\n 1. The prices indicated in the Company\u2019s Estimate apply provided that the specifications in\u00a0the Order are the same as those in the Estimate, but no longer than four weeks after submission\u00a0of the Estimate to the Customer. All prices and charges indicated by the Company\u00a0are exclusive of value added tax. The prices of the Company are quoted ex works. They are\u00a0exclusive of packing, freight, postage, insurance and other shipping costs.<\/p>\n 2. Subsequent amendments to the contractual services made at the Customer\u2019s request,\u00a0including the resultant machine down-time, shall be charged to the Customer\u2019s account.\u00a0Subsequent amendments are also understood here to mean repeated specimen sheets\u00a0required by the Customer because of minor deviations from copy that do not, however,\u00a0warrant complaint.<\/p>\n 3. If sketches, drafts, type specimens, specimen sheets, samples, proof sheets, changes to\u00a0delivered\/transferred data and similar preparatory work, which are not the subject matter of\u00a0the Order, are ordered by the Customer, these shall be separately charged for.<\/p>\n 4. Where Work is to be supplied to a third party, the party placing the Order shall be deemed\u00a0to be the Customer, provided no other explicit agreement has been made.<\/p>\n III. Invoicing and Terms of Payment<\/strong><\/p>\n 1. Payment shall be due in full within 30 days after receipt of the invoice. Any discount granted shall be exclusive of freight, postage, insurance and other shipping costs. The due date for payment is governed by the statutory provisions.<\/p>\n 2. The Customer may only assert a right of set-off or exercise a right to retention in respect of\u00a0claims that are undisputed, ready for a decision or legally established. This does not apply\u00a0in relation to any claims by the Customer for the costs of completion or the elimination of\u00a0defects.<\/p>\n 3. Where after the conclusion of the Contract the satisfaction of a claim for payment is\u00a0evidently jeopardized due to the Customer\u2019s inability to pay, the Company may refuse\u00a0performance. The right to refuse performance lapses if the consideration is paid or security\u00a0is provided. Article 321 II of the German Civil Code remains unaffected. If the Company\u00a0has a claim against the Customer that is due and arises from the same legal relationship,\u00a0the Company may also refuse performance until the performance\/payment due to the\u00a0Company has been made. Article 273 III of the German Civil Code remains unaffected.<\/p>\n 4. If the Customer fails to pay the price including the costs specified under II (Prices, Conclusion\u00a0of Contract) within 14 days after delivery of the goods he shall be deemed to be in\u00a0default even without a reminder being issued. In the event of default, the Company shall\u00a0be entitled to charge interest on arrears at the rate of 9 percentage points above the base\u00a0rate. Further claims are hereby not excluded. In the event of default, the Company shall\u00a0also be entitled to claim payment of a lump sum in the amount of 40 Euros. The lump sum\u00a0shall be taken into account towards compensation owed for losses based on the cost of\u00a0asserting the Company\u2019s legal rights.<\/p>\n IV. Delivery<\/strong><\/p>\n 1. Delivery dates shall be agreed individually upon conclusion of the contract at the latest. If\u00a0this does not occur, the statutory provisions shall apply in this respect.<\/p>\n 2. The Company shall only be entitled to make partial deliveries if this is appropriate having\u00a0regard to the principles of good faith in accordance with Article 242 of the German Civil\u00a0Code. This may particularly be the case if<\/p>\n \u2212 partial deliveries are of use to the Customer according to the purpose of the contract,\u00a0and<\/p>\n \u2212 the delivery of the remainder of the ordered goods is still guaranteed.<\/p>\n This shall not affect any rights\/claims of the Customer arising from a breach of duty in this\u00a0respect for which the Company is responsible.<\/p>\n 3. If the goods are to be delivered, the risk of accidental loss and incidental deterioration of the\u00a0goods shall pass to the Customer as soon as the person in charge of transport has taken\u00a0delivery of the shipment.<\/p>\n 4. Where the Company is in default of performance, the Customer may only withdraw from\u00a0the Contract under the conditions of Article 323 of the German Civil Code if the delay is\u00a0the responsibility of the Company. This shall not affect Clause IV.5. This provision does not\u00a0alter the burden of proof.<\/p>\n 5. Temporary stoppages \u2013 in the Company\u2019s or a supplier\u2019s business for which the Company\u00a0is not responsible \u2013 particularly strikes, lockouts and all events of force majeure, shall only\u00a0entitle the Customer to withdraw from the Contract if he cannot objectively be expected to\u00a0continue to adhere to the Contract. Otherwise, the date of delivery shall be extended by\u00a0the period of delay caused by the stoppage. In no event shall the Company be held liable\u00a0in such cases.<\/p>\n 6. The Company shall be entitled to retain the printing and punch copy, manuscripts, raw\u00a0material and other items made available by the Customer in under Article 369 of the German\u00a0Commercial Code until full payment of all claims arising from the business transaction.<\/p>\n 7. In the case of Orders in respect of which a previously determined total order quantity is to\u00a0be delivered in instalments to be separately called off and paid for by the Customer (calloff\u00a0orders), the Customer shall be obligated, unless otherwise agreed, to accept the total\u00a0order-quantity underlying the call-off order within 12 months of conclusion of the contract.\u00a0The Customer\u2019s obligation to call constitutes a primary obligation. If acceptance of the total\u00a0order quantity has not taken place within the acceptance period, the Company shall at its\u00a0option have the right to either<\/p>\n \u2212 deliver the remaining quantity and demand payment of the outstanding part of the\u00a0purchase price,<\/p>\n \u2212 store the remaining quantity at the cost of the Customer or<\/p>\n \u2212 set a suitable deadline for the Customer to accept the remaining quantity and, upon the\u00a0fruitless expiry of this deadline, to withdraw from the contract pursuant to Article 323 of\u00a0the German Civil Code.<\/p>\n Further rights of the Company shall not be affected.<\/p>\n V. Retention of Title<\/strong><\/p>\n 1. The Work delivered shall remain the property of the Company until payment of all claims\u00a0of the Company against the Customer up to the invoice date. This Work may be neither\u00a0pledged nor transferred to third parties by way of security before it is fully paid for. The\u00a0Customer shall notify the Company immediately in writing if and to the extent that third\u00a0parties seize any Work belonging to the Company.<\/p>\n 2. The Customer is only entitled to further sale in the ordinary course of business. The\u00a0Customer hereby assigns its claims from the further sale to the Company. The Company\u00a0hereby accepts the assignment of such claims.<\/p>\n 3. If the realizable value of the securities exceeds the claims of the Company by more than\u00a010 %, the Company shall \u2013 on demand by the Customer \u2013 release such securities as the\u00a0Company shall choose.<\/p>\n 4. In the processing or transformation of goods supplied by the Company and owned by it, the\u00a0Company shall be deemed to be the manufacturer within the meaning of Article 950 of the\u00a0German Civil Code and the products shall remain its property at all stages of processing.\u00a0If a third party is involved in the processing or transformation, the Company is co-owner\u00a0only up to the amount of the invoice price (total amount of the invoice including VAT) of the\u00a0goods to which it retains title. The property thus acquired shall be deemed as conditional\u00a0property.<\/p>\n VI. Complaints, Warranties<\/strong><\/p>\n 1. The Customer shall, in all cases, inspect the goods supplied and any pre-products and\u00a0intermediate products forwarded for proofreading immediately to ensure that they comply\u00a0with the contract. Risk of errors, if any, shall pass to the Customer as soon as the Work\u00a0has been signed for press\/cleared for production except for such errors as occur or which\u00a0could only be detected during the production process following the signing for press\/\u00a0clearance for production. The same shall hold for any other releases by the Customer.<\/p>\n 2. Notification of evident defects must be made in writing within one week of receipt of the\u00a0goods, notification of concealed defects within one week after detection; otherwise no\u00a0warranty claim may be made.<\/p>\n 3. If complaints are justified, the Company shall, at its option, be obliged and entitled to rectify\u00a0the defect claimed or replace the goods. If the Company does not perform this obligation\u00a0within a reasonable period or if the rectification or replacement fails to meet requirements,\u00a0the Customer may require a reduction of the purchase sum (abatement) or the cancellation\u00a0of the contract (withdrawal).<\/p>\n 4. Defects in part of the Work supplied shall not entitle the Customer to make a claim for the\u00a0entire Work, unless that part of the Work which is free from defects is of no value to the\u00a0Customer.<\/p>\n 5. No claims may be made for usual colour-deviations from the original in colour reproductions\u00a0during all printing processes. The same holds for the comparison between other\u00a0proofs (e.g. digital proofs and print proofs) and the final product.<\/p>\n 6. The Company is not obliged to inspect deliveries (in particular data media, transferred\u00a0data) by the Customer or a third party on the Customer\u2019s behalf. This shall not apply to the\u00a0technical suitability of deliveries required for the proper completion of the order, if the lack\u00a0of suitability would have been apparent to a contractor acting diligently. Prior to data transfers,\u00a0the Customer shall be obliged to apply state-of-the art protective programs against\u00a0computer viruses.<\/p>\n 7. No claims can be made for deliveries of quantities ten per cent (10 %) more or less than the\u00a0quantities of copies ordered. The quantity delivered shall be charged. For deliveries made\u00a0on the basis of paper manufactured to the Customer\u2019s specifications, this margin shall be\u00a0increased to twenty per cent (20 %) for deliveries of less than 1,000 kg and to fifteen per\u00a0cent (15 %) for deliveries of less than 2,000 kg.<\/p>\n VII. Liability<\/strong><\/p>\n 1. The Company shall be liable<\/p>\n \u2212 for death, personal injury or injury to health for which it is culpable and<\/p>\n \u2212 for other damage caused intentionally or by gross negligence, including where the\u00a0breach of duty is based upon the analogously culpable conduct of a legal representative\u00a0or vicarious agent.<\/p>\n 2. The Company shall also be liable even in the case of a slightly negligent breach of essential\u00a0contractual duties, including by its legal representatives or vicarious agents. Essential contractual\u00a0duties are duties which must be fulfilled for the contract to be properly performed at\u00a0all, the breach of which endangers the achievement of the contractual purpose and which\u00a0customers can legitimately expect to be complied with. In cases of slight negligence, the\u00a0liability of the Company pursuant to sentence 1 is limited to damage typical for the type of\u00a0contract and foreseeable.<\/p>\n 3. Finally, the Company shall be liable<\/p>\n \u2212 i n the case of fraudulently concealed defects and warranties relating to the quality of the\u00a0goods as well as<\/p>\n \u2212 in the case of claims under the German Product Liability Act.<\/p>\n 4. All other liability on the part of the Company is excluded.<\/p>\n VIII. Limitation<\/strong><\/p>\n The Customer\u2019s claims for defects shall lapse in one year beginning with the handover or\u00a0delivery of the goods with the exception of the claims for damages specified in VII. 1. and arising\u00a0under the German Product Liability Act. This shall not apply, if the Company fraudulently\u00a0concealed the defect or insofar as it guaranteed the quality of the item.<\/p>\n IX. Customs of the Trade<\/strong><\/p>\n In business transactions the customs of the trade in the printing industry shall apply (e.g. no\u00a0obligation to surrender possession of semi-finished products such as data, lithographies or\u00a0printing plates produced for the production of the final product on order), provided the order\u00a0does not specify otherwise.<\/p>\n X. Archiving<\/strong><\/p>\n Only under an express agreement and against special reimbursement shall products, materials\u00a0and data to which the Customer is entitled, be archived by the Company beyond the time of\u00a0handing over the final product to the Customer or persons employed by him in performing an\u00a0obligation. Where there is no agreement, the Customer himself must provide any insurance.<\/p>\n XI. Periodical Publications<\/strong><\/p>\n Notice to terminate contracts with respect to periodical publications may not be given by either\u00a0party unless a period of notice of three (3) months is given.<\/p>\n XII. Rights of Third Parties<\/strong><\/p>\n The Customer shall ensure that his order requirements and, in particular, submissions delivered\u00a0by him, do not infringe the rights of third parties e.g. copyright, trademarks or rights of personality.\u00a0The Customer shall fully indemnify the Company in this respect against all claims of third\u00a0parties, including the costs of defending and\/or bringing legal actions, unless the Customer\u00a0proves that he was not at fault and that he complied with all of his duties to take care and review.<\/p>\n XIII. Place of Performance, Jurisdiction, Applicable Law<\/strong><\/p>\n If the Customer is a merchant, a legal person under public law or a public fund as defined\u00a0within the meaning of the German Commercial Code or is not subject to general jurisdiction in\u00a0Germany, the place of performance and jurisdiction for all disputes arising from the contract\u00a0shall be the Registered Office of the Company. The Contract shall be governed and construed\u00a0according to the laws of the Federal Republic of Germany. The United Nations Convention on\u00a0Contracts for the International Sale of Goods shall not apply.[\/vc_column_text][\/vc_column][\/vc_row]\n","protected":false},"excerpt":{"rendered":" [vc_row column_spacing=“50″][vc_column][vc_column_text responsive_text=“true“ text_align=“left“] General Terms and Conditions of Business, Delivery and Payment I. Scope These general terms and conditions of business, delivery and payment (GTCs) apply to all business\u00a0relations with entrepreneurs (Article 14 of the German Civil Code), legal entities under\u00a0public law or special funds under public law. Corresponding Orders shall be exclusively carried\u00a0out…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-245","page","type-page","status-publish","hentry","entry","no-media"],"_links":{"self":[{"href":"https:\/\/notra-media.com\/index.php?rest_route=\/wp\/v2\/pages\/245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notra-media.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/notra-media.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/notra-media.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notra-media.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=245"}],"version-history":[{"count":9,"href":"https:\/\/notra-media.com\/index.php?rest_route=\/wp\/v2\/pages\/245\/revisions"}],"predecessor-version":[{"id":369,"href":"https:\/\/notra-media.com\/index.php?rest_route=\/wp\/v2\/pages\/245\/revisions\/369"}],"wp:attachment":[{"href":"https:\/\/notra-media.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}