1. Scope of conditions
1.1 Our products are manufactured individually and are meant only for commercial purposes.
1.2 Our offers, deliveries, and services are exclusively bound by these terms and conditions
and not the terms and conditions set by our customers.
1.3 Any deviations from these terms and conditions are only valid if they have been approved by us in writing.
2. Terms and conditions
2.1 Our offers are not binding and subject to change without notice. Acceptances and all orders require our written confirmation to be legally binding. The same is valid for additions, alterations, or collateral agreements. Execution of a short-term delivery at the conditions of the offer equals to a written confirmation of the order.
2.2 Drawings, pictures, proofs, colours, films, measurements, tools, moulds, etc. for custom-
made products of any kind, weight or other specifications are only binding if they have been explicitly agreed upon in writing. Our weight declarations are approximations. Minor deviations of 10 % are caused by the technical process and are to be considered valid.
2.3 In our offers aren’t included special packaging, shipping costs, tools, moulds, films, clichés, printing, unless otherwise agreed upon in writing.
2.4 If the purchaser’s ability to pay or credit-worthiness can no longer be taken for granted or becomes dubious or if the purchaser violates his contractual duties significantly, we can opt out of the contract either completely or in part unless the purchaser makes an appropriate down-payment.
3. Samples
3.1 We own the copyright and intellectual property of all samples sent to the purchaser. This also applies if the samples have been paid for by the purchaser.
3.2 If the purchaser uses our samples to place an order with a different manufacturer, the purchaser commits himself to pay compensation for damages. We reserve the right to apply for an injunction.
4. Moulds, films, drawings
4.1 Tools of any kind, moulds, films, clichés, data, drawings, tools etc. for any custom-made product remain our possession, even if the purchaser contributed to and/or paid for the cost of production. The printing data that was generated through any documents provided by the purchaser remains our possession.
4.2 Tools, moulds, films, clichés, data, drawings, tools etc. for custom-made products are protected for the customer for duration of 5 years as of delivery of the order and will not be used otherwise during this period of time.
4.3 Moulds and clichés will be stored at our facilities for 5 years as of invoice date of the order. Digital data will be deleted after 12 months without prior consent of the customer being required.
5. Proofs, printing
5.1 We begin to produce only, after a signed print approval is in our hand. This imprimatur becomes part of the order. Later reclamations by the purchaser are excluded.
5.2 In our projects we use flex printing (for flexible packaging materials), pad printing (tins), and screen printing. Mis-registers areas cannot be avoided due to technical reasons
and will be considered valid delivery by the purchaser.
5.3 Minor deviations in colour are caused technically and are valid.
6. Prices
6.1 Unless agreed upon otherwise, we are bound by prices in our offers for 30 days as of date of the offer. Binding are the prices stated in our confirmation of the offer if one has been sent.
6.2 Prices are net ex plant Vogtsburg plus applicable sales tax.
6.3 Also refer to item 2.3 of our terms and conditions.
6.4 Prices do not include design costs. Costs for design, ideas, etc. have to be agreed with us before placing of an order. We reserve the right to charge for design costs.
6.5 We own the copyright and intellectual property of all design and business ideas, to include the customer’s logo. If the customer places an order with another manufacturer using our design or business idea, we reserve the right to request indemnification for damages
from the customer. We are not obligated to hand over our designs.
6.6 If the purchaser orders a smaller quantity than the minimum order amount given in our offer, we are authorized to charge an additional 10 % to the net value of the merchandise.
6.7 We are entitled to deliver quantities that differ due to technical reasons by 10 % from the ordered quantity and to charge for them accordingly. These differences are caused technically and do not allow the purchaser to request an additional delivery or to opt out of the contract.
7. Delivery7.1 Dates and periods of time quoted by us are not binding unless they have been agreed upon explicitly and in writing. We do not agree to fixed dates.
7.2 Delays in delivery caused by problems with machinery, acts of God or events that make delivery very difficult or impossible (including supply problems, operating trouble, strike, lock-out, injunctions by authorities etc - this also applies if our suppliers or sub-suppliers
experience similar problems) cannot be blamed on us even if we agreed to a fixed date. These events entitle us to delay delivery or fulfilment
for the period of time of the delay plus an appropriate initial period or to opt out of the contract either in full or for the part of the order that has not yet been fulfilled.
7.3 If the delay lasts longer than 3 months, the purchaser is entitled to opt out of the contract either in full or for the part of the order that has not yet been fulfilled.
7.4 If we have caused the non-compliance with binding dates or are in delay, the purchaser is entitled to damages in the amount of 0.5 % of the net invoice amount for each full week of the delay, to a maximum of 10 % of the net invoice amount of those deliveries or services that are affected by the delay. Any additional requests, especially for indemnifications
of any kind, are excluded, unless caused by negligence on our part.
7.5 At any time are we entitled to partial deliveries.
8. Responsibilities
8.1 Delivery is made at the expense and responsibility of the customer. Possible damages during transport can only be claimed with the carrier (postal service, rail etc.).
8.2 The purchaser accepts responsibility as soon as the shipment is handed over to the carrier or has left our warehouse for shipment. If shipment is impossible through no fault of ours, the purchaser accepts responsibility as soon as he is notified of the readiness for shipment of the goods. The purchaser is entitled to choose a forwarding agent. If the purchaser does not choose a forwarding agent for shipment, we are entitled to hire our contractual forwarding agent. If our forwarding agent charges higher shipping costs than other agents, the purchaser must agree to these costs.
9. Guarantees, liability
9.1 Our goods are perishable. Without exceptions we deliver fresh merchandise. It is the responsibility of the purchaser to enquire with us the expiration dates of the individual items, which are also stated in our catalogue. Freshness can only be guaranteed if goods are stored appropriately.
9.2 For defects caused by perish ability of the goods, guarantee entitlements expire according to shelf life of the product. For all other defects guarantee entitlements expire in one year, unless caused by negligence on our part. A limitation of the guarantee period is not applied if we are entitled to have regress to our supplier.
9.3 Complaints must be made within 10 working days after receipt of the goods by letter, return receipt requested. If the complaint is justified, we have the right to supply new product. With any complaint the purchaser has to supply us with at least 10 % of the delivery in question. Replacement product will be immediately delivered to the purchaser at our cost. This does not apply if the complaint was caused by negligence on our part.
9.4 The regulations above contain all warranties towards our products.
9.5 For damages caused by negligence on our part, our liability is limited to monetary damages of up to 30 % of the net invoice amount of this order. If the purchaser can prove that this limitation is unjust, we can be held liable for up to the full net invoice amount of this order. Any liability for future damages is excluded.
10. Payment
10.1 Inasmuch as nothing agreed in our order confirmation is the purchase price (without deduction) to pay within 30 days from the date of invoice.
10.2 Payment is considered made when we have access to the monies. In case of payment
by check, payment is considered made only once the check has been cleared.
10.3 If the purchaser is in delay with payment we are entitled to charge interest of 5 % over the current prime rate according to paragraph 1 of the German law: “Diskontüberleitungsgesetz”
10.4 If the purchaser does not fulfil his obligation to pay or if we acquire knowledge of any condition which questions the credit-worthiness of the purchaser, the remaining balance becomes due at this time, even if we have accepted checks.
10.5 The purchaser only has the right of set-off or detention if we have explicitly agreed to it in writing or if any counter-claims have been legally ascertained. The transfer of a purchaser’s demands against us, for whatever legal reason, is not possible without our explicit written agreement.
11. Imprint
11.1 We are allowed to mention our company on products manufactured by us in an appropriate manner.
12. Applicable law, legal venue, partial voiding, data logging
12.1 For these terms and conditions and for all legal relations between purchasers and us the law of the Federal Republic of Germany applies.
12.2 As far as legally valid, Freiburg im Breisgau is the exclusive legal venue for all disputes
arising directly or indirectly out of the contractual relationship.
12.3 Should one of these terms or any condition relating to any other agreement be or become invalid, it has no influence on the validity of any other term or condition.
12.4 The purchaser agrees to the saving of his data in our data processing system, to the usage of such data during the fulfilment of the contract, and for customer service.
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Terms / Conditions 
