Terms and conditions

General notes:

For all of our deliveries and services exclusively the following conditions apply as far as we did not agree upon differing written agreements in particular cases. Oral supplementary agreements require for their effectiveness our written confirmation.

Prices:

Our prices are calculated in Euro and do not include VAT and are subject to confirmation. Completion prices only apply for purchase of the provided quantity. For calculation the prices valid on the day of delivery are applied.

Delivery:

The delivery is only carried out to producer and resellers. We deliver to companies which are unknown to us only for cash on delivery unlesscorresponding references are indicated with the first order.

Cases of force majeure, operational disturbances, strike, lockout and boycott which concern our business, the purchaser’s businesses or businesses of other important sub-suppliers, delayed delivery of raw materials, transport barricades and other circumstances on which we or the purchaser respectively do not have any influence must in no case be assumed by us or the purchaser respectively; in such cases neither delivery delay for us nor acceptance delay for the purchaser eventuates.

For cases of unexpected events in terms of the preceding provisions we are entitled to the right to withdraw partially or completely from the contract when these events act significantly on our businesses. Claims for damage compensation of the purchaser because of such a rescission are excluded.
If we fall behind with the delivery the purchaser must set us a period of grace before he can derive rights from the delivery delay.

Midget orders are uneconomical. That is why we execute orders only of at least EUR 80,- invoice value. Should in particular cases this value not be reached for mutual facilitation cash on delivery is performed. Repeat orders to orders already being in process can only be considered for the agreed price when the state of the production allows this without any additional costs.

The delivery of empty ribbon cassettes and empty inkjet cartridges is ex work.

The delivery of inks, chips, refill-components and other products is carried out for invoice amounts as of EUR 125,- considering the common freight charges and postage costs free every German station. Below EUR 125,- net invoice value we charge a lump sum of EUR 10,50 for freight and handling charges. Extra costs for express goods are for the account of the addressee. The selection of the way of dispatch, the mode of dispatch and the appropriate packaging material is reserved to us.

All sendings are en route for the orderer’s account and risk. Our invoices are at the same time the acceptance of order.

Complaints:

Complaints regarding number, weight, quality and condition of the goods are only considered when a written reprimand arrives with us within one week after the receipt of the goods. For the decision on whether justified objections against the quality and condition of the goods have been raised only the examination to be taken in our factory after the return of the goods is decisive. As far as a written reprimand arrives with us in due time and is legitimate the purchaser is allowed to claim change or reduction. Further claims of the purchaser, particularly for payment of damages, e.g. because of lost gains or damages which did not occur on the article of sale of the delivery and service itself are excluded.

As far as the buyer intends processing the goods at any rate the buyer must check the goods before starting to process. The buyer must assure himself of the fact whether the goods are appropriate for the intended purpose of use.

Payment:

Cash payment within 10 days after invoice date with 2% discount or 30 days net. When exceeding the agreed payment periods the purchaser is obligated to pay us interests on arrears amounting to 5 % over the bank rate of the German Central Bank plus VAT without requiring a particular reminder. Should the purchaser fall behind with a payment the seller is entitled to demand the immediate payment of all open - also the still not due bills - accounts.

Cheques are considered as payment just after their encashment.

Summation as well as claiming of rights of retention for the pecuniary claim is excluded.

Should after the contract conclusion occur an essential deterioration of the purchaser’s financial circumstances by which the payment of the purchase price is endangered the seller can demand advanced payments of the purchase price.

Conclusions:

Conclusions shall be finished within the set periods. Acceptance is desired in as constant

as possible rates. Every demand is considered as a transaction apart. If the purchaser stays behind with the acceptance of the agreed quantity so we are also entitled to cancel the conclusion and to reclaim the granted conclusion privilege for the performed services or to claim compensation because of nonperformance respectively. Expenses spent by us for

clichés, labels, seal marks etc. must then be paid in full to us.

Trademark rights and drafts:

For the case that drafts produced by us violate foreign trademark rights and/or are considered as violation against competition provisions we do not assume any responsibility. For violations of foreign trademark rights and for violations of competition provisions which result from the conventionary fulfilment of the deliveries and services by us and/or the application of our deliveries and services by the purchaser solely the purchaser is liable. The purchaser commits to indemnify us from a claim as a result of such violations and to compensate the damage resulting from it.

Retention of title:

The goods are our property until the complete payment of all outstanding money which we are entitled to due to the business connection. For running accounts the reserved property applies as assurance for our respective receivable balance. The purchaser is entitled to sell the delivered goods in normal business connections. The pledging or transfer by way of security of goods on which our retention of title lies as well as the assignation of receivables from the resale of such goods is not allowed to him.

Should the purchaser sell goods delivered by us unchanged, processed or converted he already now assigns herewith until the complete amortisation of all of our receivables the receivables resulting from such sales from his buyers with all ancillary rights to us. By our request the purchaser is obligated to deliver to us the documents necessary for the assertion of our rights.

The purchaser is authorised to collect such receivables, but commits to pay the collected

amounts immediately to us. When the value of the assurance given to us exceeds our delivery demand by more than 20% we are obligated by the purchaser’s request in this respect to the reassignment. When goods on which our retention of title lies are distrained by thirds the debtor is obligated to report this immediately in written to us.

Returns:

Returns are only possible with our approval. For returned goods the current value is credited subtracting the charges for new packaging and a service charge of 30 %, as far as the return is not performed due to a justified customer complaint.

Technical modifications:

Modifications of dimensions (width and length) which serve the technical improvement are reserved to us.

Quantity and weight:

Delivery is only carried out in the quantity and packaging units indicated in our catalogues. In case of special makings we have the right to perform excess or short deliveries up to 20 %.

Dimensions and weights are understood in the tolerances customary in trade.

Data protection:

We are entitled to handle, store and evaluate the data obtained in connection with the business connection.

Place of performance and jurisdiction:

Place of performance for delivery and payment is Eggenfelden.
Place of jurisdiction for all contractual and noncontractual claims is exclusively Eggenfelden.

With the release of these conditions of delivery and payment all previous conditions loose their validity.

Conditions | Imprint