Terms and Conditions of cutall GmbH & Co. KG
1. Applicability of Our Offers and Terms and Conditions
Our offers are non-binding. All orders are executed under the following terms and conditions. Deviating conditions of the customer, which we do not expressly acknowledge, are non-binding for us, even if we do not expressly object to them. Buyers acting on behalf of others remain contractually liable to us until payment is received from their principals.
2. Execution Documents
Regarding the existence of copyrights, we assume that the customer holds these rights. If third-party rights, especially third-party copyrights, are infringed as a result of the execution of the order, the customer is solely liable for this. The customer must indemnify us from third-party claims and reimburse us for any necessary legal costs incurred. Originals, negatives, templates, and other documents to be provided by the customer are to be delivered to us free of charge. The return is carried out by regular mail unless the customer expressly wishes for another shipping method at their expense. In case of loss, destruction, or damage due to theft, fire, water intrusion, etc., we are liable only if we or our agents for performance or performance aids are guilty of willful intent or gross negligence, up to the amount covered by typical fire, burglary, and water damage insurance.
3. Delivery Deadlines
Delivery deadlines require an explicit agreement to be binding. They are only binding in written form. Force majeure, strikes, non-culpable inability, particularly non-culpable machine downtime, power failure, and water failure, extend the delivery period for the duration of the impediment. Unless it is a fixed transaction or unreasonable, the customer must grant a reasonable extension of time if the specified delivery period is exceeded. We only accept claims for damages in the event of delivery delays if the client explicitly points out the risk of damages in writing when placing the order.
4. Prices and Payment Terms
The agreed prices apply on the condition that the underlying order data remains unchanged. Subsequent changes at the customer's request, including any resulting machine downtime, are billed separately. If no specific price is agreed upon, our list prices applicable on the day of order placement are charged. The customer receives all invoices exclusively electronically and digitally signed to an email address provided by them. The customer is responsible for ensuring that all electronic bill deliveries by email to the email address provided by the customer can be received properly and for adapting technical facilities, such as filtering programs or firewalls accordingly. The customer must promptly notify any change of the email address. If the customer does not notify cutall of a change of their email address, the delivery of invoices to the last email address known to the customer is considered received. The customer can request mailing of invoices by regular post at any time for an additional charge of 1.00 Euro per invoice. cutall reserves the right, for important reasons, to independently send invoices to the postal address most recently provided by the customer. Invoices are to be paid immediately and without deduction. All prices are in euros, plus statutory value-added tax. In case of payment default, we are entitled, at our discretion, to charge default interest of 8% above the base interest rate according to § 247 BGB. We expressly reserve the right to reject checks and bills of exchange. The acceptance of a check or bill of exchange is only for payment purposes. Discount and bill charges are at the customer's expense and are immediately due. Bills are accepted without warranty for proper presentation and protest. Payment is only made upon final redemption when accepting checks and bills. The customer may only set off against our claims with legally established or recognized or undisputed counterclaims. We reserve the right to request a reasonable advance payment.
5. Shipping and Packaging
We choose the shipping method at our best discretion without assuming liability unless there are clear customer instructions. Postage and shipping costs are borne by the customer. Additional costs for special shipping methods (courier, registered mail, taxi) will be charged separately. Express and airfreight shipments are made at the customer's expense. We are entitled but not obliged to insure deliveries in the name and for the account of the customer. We do not accept responsibility for deliveries by third parties.
6. Storage of Goods and Disposal Costs
The goods ordered by the client must be collected within three months of notification of availability. After 14 days of storage, we are entitled to charge interest on the value of the goods at 8% above the base interest rate according to § 247 BGB. If the goods ordered by the client are not collected within 3 months, we are entitled to dispose of the goods for a fee, even if the invoice has already been paid.
7. Printing Plates/Tools
For print templates and tools of all kinds sent by the client, we assume no liability in the event of loss or damage, unless we or our agents for performance or performance aids are guilty of willful intent or gross negligence or violate a material contractual obligation.
If the customer is a business entity, they must promptly inspect the goods upon
delivery within the proper course of business and notify us in writing without delay if necessary, in line with § 377 HGB (German Commercial Code). In all cases, a complaint is only permissible for apparent defects within one week. The time of delivery and the date of receipt of the complaint letter are decisive for calculating the deadline. In the case of complaints, all documents belonging to the order must be made available to us. Otherwise, an immediate examination and processing of the complaint is not guaranteed. The specified formats are working formats and are trimmed smaller. If the customer wishes for an exact format, this must be expressly agreed upon when placing the order. Otherwise, any complaints regarding this are not permissible. Production-related surpluses and shortfalls of up to 5% cannot be complained about. The invoiced quantity is the delivered quantity, including any samples produced. Defects in a part of the delivered goods do not entitle a complaint about the entire delivery, unless partial delivery is of no interest to the customer.
9. Warranty Claims and Liability
Warranty claims are limited to subsequent performance or price reduction (reduction) at our discretion. If subsequent performance fails, which we carry out at our discretion, within a reasonable period, the customer is entitled to withdraw from the contract or reduce the price, at their discretion. The dyes used in our starting materials can change over time, as can other dyes. There is no obligation to compensate for such dye changes. Our products must be checked for correctness before further processing (work by graphic companies, retouchers, bookbinders, etc.) since no liability is assumed for subsequent damage. We are liable according to legal regulations if we culpably violate an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. In all other cases, any liability, regardless of the legal basis, is excluded, unless otherwise regulated above or there is liability for damages due to the culpable violation of life, body, health, or under the Product Liability Act, which remains unaffected. The limitation period for warranty claims is
12 months from the notification of readiness for collection, regardless of whether the customer has retrieved the goods.
10. Retention of Title
The delivered goods remain our property until they are fully paid for by the customer. The customer is only authorized to resell in the proper course of business. They hereby assign their claims from the resale or reuse to us. It is an extended retention of title.
11. Place of Performance and Jurisdiction
The place of performance and jurisdiction for all disputes between us and the customer is our place of business, provided that the customer is a business entity, a legal entity under public law, or a special public law fund.
cutall GmbH & Co. KG