General Terms And Conditions
- Scope
The buyer hereby irrevocably acknowledges the following purchase and delivery terms. Deviating agreements, especially conflicting terms and conditions, and additions require the written consent of the seller.
- Offer and Acceptance
If the printing materials are provided by the buyer and are not suitable for production, the respective order can be rejected at any time by the management. The verification and assessment in this regard is solely and definitively the responsibility of the seller or a person appointed by the seller. If it is only revealed after the order confirmation has been issued that the printing materials are not suitable, the seller has the right to withdraw from the order. In the event of order rejection or withdrawal, the seller shall not be liable for any costs or damages. All expenses incurred by the seller up to that point, but at least 30% of the order amount, may be invoiced to the buyer. It is further stipulated that once a buyer has received an order confirmation and is canceled for any reason, the seller is entitled to invoice the buyer 30% of the order amount.
- Prices
The mentioned prices are subject to the statutory value-added tax, and additional costs for film or plate costs are stated in the case of in-house production. In case of default, payment suspension, or insolvency, granted discounts are void, and any amount invoiced thereafter is immediately due.
- Delivery Time
Delivery times are non-binding. Delivery dates provided by us are always approximate guidelines, and we are always striving to meet the specified dates. The months of August and September as vacation months, as well as the days between Christmas and Epiphany, cannot be included in the delivery time. We are only liable for delay damages in cases of intent and gross negligence.
- Delivery
Delivery is at the buyer's expense and risk. The buyer bears the transport risk, even if the seller has agreed to cover the freight costs. Partial deliveries are permitted and will be invoiced separately upon delivery. The delivery period begins with the clarification of all documents necessary to fulfill the contract. In the case of subsequent changes to the order, the original agreed and confirmed delivery time is extended accordingly. In the event of force majeure and circumstances beyond the seller's control that make performance impossible (such as natural disasters, public measures, material shortages, operational disruptions, traffic difficulties, strikes, lockouts, and other business interruptions, etc.), the seller has the option to reasonably extend the agreed delivery time or withdraw from the contract without giving rise to any claims for compensation. Delays in delivery due to changes requested by the buyer are not the responsibility of the seller. If the seller is in default, the buyer is obligated to set a written reasonable deadline of at least six weeks before asserting further claims or declaring a withdrawal from the contract. Cancellations or changes by the buyer for specific reasons are only valid when confirmed in writing by the seller.
- Transport Insurance
Each parcel shipment is insured by our parcel service up to €550, and each freight shipment is insured up to €2,500. We ensure that the shipment is properly and carefully packaged. Additional insurances are at the buyer's discretion.
- Manufacturer's Marks
Goods supplied by the seller may be marked with manufacturer's marks.
- Execution
Samples only represent an approximate outcome of the work.
- Printing Materials
The seller assumes no liability for provided printing materials that are altered, damaged, or rendered unusable during production. Provided printing materials will only be returned upon request and at the buyer's expense. The seller disclaims all liability for the results of external plates. The buyer is responsible for verifying the reproduction rights and copyrights of materials provided by them. Printing materials made by or on behalf of the seller will be invoiced separately. They remain the property of the seller, even if the buyer reimburses the costs. The buyer does not acquire any right to the release of these items. The above provisions also apply mutatis mutandis to drafts and samples made by the seller. They may not be used by the buyer without the seller's express approval. The seller is not liable for printing errors if a proof has already been approved by the buyer. Printing quality defects: In case of doubt, any defects are attributed to defective printing materials. The burden of proof lies with the buyer.
- Printing
Prints are produced using different printing methods depending on the execution. The seller uses standard printing inks for the print. If specific color requirements, such as lightfastness, alkali fastness, rub resistance, etc., are needed, the buyer must provide written notice at the time of order. The abrasion resistance of the printing inks, especially in the flexographic printing process, cannot be guaranteed. The seller is not liable for consequential damages resulting from color abrasion. Prints on different materials inevitably result in different optical color and surface effects. Variations in register cannot be ruled out; in flexographic inline printing, the register variation can be a maximum of 2 mm.
- Over or Under Delivery
Technically necessary, customary, and other minor deviations in weight, thickness, and color of the goods are not a reason for complaint. Size deviations: Due to production-related reasons, the following size deviation is permissible for all deliveries: paper in width +/- 5%, in height +/- 5%. Deviations in surface weight are to be accepted by the buyer to the same extent as they are to be tolerated by the seller according to the delivery conditions of the producers of the materials used. Unless these delivery conditions stipulate otherwise, a tolerance of +/- 10% is deemed agreed. Quantity deviations: For all productions, over or under deliveries of up to 20% of the ordered quantity are permissible, with billing based on the actual delivery.
- Warranty
Defect notifications must be made by the buyer immediately, but no later than one week after receipt of the goods at the destination, in writing; otherwise, they will not be considered. Reservations regarding the quality on delivery notes or other documents do not apply. The buyer tolerates a portion of defective goods of up to 5% of the total quantity of the respective delivery, regardless of whether the defect is in processing, printing, or material. The buyer also tolerates minor color deviations. The buyer must specify the alleged defects and provide proof to the seller. At the seller's request, an opportunity must be provided to inspect the alleged defect on-site. In the case of timely and justified defect notifications, the seller is obliged, at their discretion, to rectify the defect or deliver defect-free replacement, with the necessary time and opportunity to be granted at the seller's discretion for any defect rectification. Compensation for consequential damages of any kind is categorically excluded.
- Storage Instructions
The packaging should ideally be stored in outer cartons. A sufficient distance from heat sources must be maintained. Do not place the goods against outer walls, and store them in dry, dark rooms at a temperature of approximately +10°C to +20°C.
- Retention of Ownership
Until the full payment of the invoice amount, the seller reserves the right of ownership of the delivered goods. If the delivered goods or even just parts of them are seized, the buyer is obligated to inform the seller immediately in writing, and in the presence of a seizure protocol, if available.
- Payment Terms
Payments must be made within 10 days from the invoice date net without deductions unless another payment deadline is agreed. In the case of advance payment by the buyer, the order is only considered accepted by the seller upon receipt of the amount. In the event of non-payment of the agreed advance payment, the seller has the right to withdraw from the order and charge a 30% cancellation fee of the order amount. In case of payment default, default interest of 12% p.a. is agreed, without prejudice to further claims by the seller. The buyer is categorically not entitled to withhold or offset any claims of any kind.
- Place of Performance and Jurisdiction
The place of performance and jurisdiction is the District Court of Wels, both for domestic and foreign buyers. The exclusive application of Austrian law is deemed agreed. The legal invalidity of a part of the above conditions does not affect the validity of the remaining content, or the terms and conditions of the Austrian printing and folding carton industry are resorted to.
- Acceptance Default
If, after the expiration of a reasonable grace period, the buyer refuses to accept the purchased items or expressly declares that they do not wish to accept them, the seller can withdraw from the contract or demand compensation for non-performance. In the case of a buyer's default of acceptance, the seller can demand a lump-sum compensation of 30% of the purchase/order price without deductions as compensation for non-performance. However, the seller reserves the right to assert a higher, proven loss, as in the case of special productions.