Order placement, order acceptance and dead lines
a)Contracts are only legally binding, after written confirmation by us.
b) With contracts where goods are delivered to third parties, the client is assumed to be the person placing the order. Should delivery to a third party be in their favour, or if the recipient in virtue of receiving the delivery and making use of it, increase his assets, then both buyer and recipient of the delivery are assumed to be clients. By placing such an order the buyer ensures his implicit agreement.
c) When ordering on a third party account, whether in your own or someone else’s name, both buyer and the recipient of the invoice are taken to be clients. Changing the invoice later, after billing has occurred by request of the buyer to another recipient of the invoice, means the implicit liability of this invoice recipient. By placing such an order, the buyer affirms implicitly, that the recipient of the invoice is in agreement.
d) Delivery times are not binding. The delivery times on offer or the delivery times given when orders are confirmed, correspond with our schedules. Failure to comply requires a reasonable delivery time extension. Should we fail to deliver during this time, the client has the right to cancel from the contract. Up until this time, deliveries may be ordered and received by the client and services may be charged by us, unless the client has suffered unduly through the costs incurred.
e) Fixed dead lines for services are only considered as such, when confirmed by us in writing, (fixed dead line or binding appointment). Transgression of a fixed dead line, means that a client has the right to cancel from the contract, free of charge. Up until we have received confirmation in writing of the clients retraction, we can charge the client for deliveries and services received, unless the client has suffered unduly through the costs incurred.
f) Acts of God or circumstances, which prevents or impedes the carrying out of accepted orders, give us the right, without any claims for damages, to cancel from, or to reduce the extent of, or to carry out the order at a later date. Any agreed dead line will be extended for the period of the delay. A cancellation by the client is only possible, four weeks after the disruption described above has taken place. We are not liable in these circumstances.
Implementation of order / disclaimer a) We carry out all orders, unless specified otherwise in writing, on the basis of the data we receive from the client. The data is to be delivered in the format specified by us on the order form. Should the format you send us differ, we will not be able to guarantee a flawless service, unless we have given you written permission to use this format. The client is liable to full extent for the entirety and accuracy of these data, even if data transfer or data media discrepancies occur, as long as we are not responsible.
b) We are not responsible for the inspection of deliveries of any kind, either from the client or from third parties, this also applies to data media and transferred data. (This does not apply to data that are obviously unsuitable for use.) When transferring data, the client must use up to date computer virus technology before sending files. Data security is the client’s responsibility
Imprint and Advertising
a) With the client’s permission we are allowed, by suitable means, to use the contracted products in order to make reference to ourselves. Compliance by the client can only be refused, should he have predominant interests to the contrary.
b) We reserve the right, without express agreement of the client, to send proof samples of the order to third parties as quality templates.
Trade patent rights and copyrights
The client bears sole responsibility, if , by the implementation of his order the rights of a third party, in particular copyrights, are violated. The client declares that he is in possession of the copying and reproduction rights for the documents handed over. The client releases us of any corresponding claims from third parties concerning violation of rights.
Guarantees, liability and return of goods
a) The client must check all delivered goods and any other products sent for amendment. The risk of eventual discrepancies is passed over to the client after clearance for printing or production, as far as the discrepancy did not occur, or could be traced to a production procedure immediately subsequent to clearance. The same applies to any other clearance declarations by the client. Defects must be reported without delay, and no later than 7 days after detection. Claims for hidden defects, which after prompt inspection cannot be detected, must be asserted within the statutory warranty period.
b) Returns of any kind must be agreed to by us. Non-prepaid returned goods will not be accepted by us. By warrantable customer claims, we will reimburse the forwarding charges.
c) Deviations in colour reproductions from the original, regardless of production technique, cannot be rejected. The same applies, for technical reasons, for the comparison of templates and the like, e.g. proofs and print-outs even though they have been made by us, and the finished product.
d) By deviations in the composition of the material used we are only liable for the order value. We are not liable for material delivered by the client.
e) If the client, after being requested, does not supply a print-out of the print data neither does he accept proofs or preprints provided by us, then we are free of any liability. Claims will not be recognised in this context.
f) Faulty parts of the delivered goods do not warrant rejection of the complete delivery, (unless partial delivery is of no use to the client.)
g) Differences in the delivery volume of up to 10% of the quantity ordered are to be accepted.
h) We have the right to choose between repair or replacement of faulty goods which we have delivered, and for which we have assumed liability. Should repair fail, the client may choose to reduce the purchase price or to cancel the contract.
i) Further claims of the client for whatever legal reason are exempt. We do not assume any liability for damages not pertaining to the delivered object. This exemption extends to, and in particular, loss of profit or financial losses. This also includes all damages caused by our employees, representatives or servants.
j) We are only liable for damages caused by delay, neglect of fundamental contract obligations, if these were predictable.
k) Should the delivered object be altered by the client or by a third party, we are no longer liable, unless the client can prove that the alterations are not responsible for the damage or malfunction.
l) All templates, documents etc. will be treated by us with care. We only assume liability for damages or loss, to the value of the material. Further claims of any kind are exempt.
m) The exemptions from liability mentioned above do not apply to grossly negligent or wilful behaviour.
n) Customers enjoy their statutory rights.
o) Reimbursements for products already produced or being produced are not possible. This is because of the personal character of the products, which make a sale to a third party impossible. It is possible to cancel orders that have not been already produced. In that case, we are entitled to charge GBP 10,- (net) plus the surcharge for chosen payment.