Valid as of October 1st 2011

I. Scope of validity

All orders placed with us – also future orders – are exclusively governed by these General Terms and Conditions, even if the customer order in question contains deviating terms. We expressly reject such terms – regardless of when they are made known to us.

II. Quotation/order confirmation

1. Our quotations are subject to change without notice. Documents submitted with the quotation, such as catalogs, brochures, illustrations etc., only contain approximate details and descriptions.
2. Contracts are created on the basis of our order confirmation, the contents of which shall be definitive. Any modifications and sub-agreements must be made in writing. We reserve the right to make technical modifications – in particular in customized products.
   

III. Prices and payment

1. Our prices are – unless agreed to the contrary below with regard to section 2 – to be understood as being ex-works or ex-warehouse, excluding statutory VAT, packing, dispatch and insurance.
2. We only dispatch orders on a carriage paid basis if the agreed prices include shipment and packaging. When dispatching goods under a net value of EUR 100.00, we are entitled to calculate a minimum flat charge of EUR 5.00 for packaging and shipment.
3. We reserve the right to adjust the price of any orders with a completion period exceeding four months in line with any changes in circumstances.
4. Any changes requested by the customer after our order confirmation or order acceptance has been received – in particular with regard to customized products – will be charged for separately on the basis of our cost estimate. The latter also applies for pre-printing and printing orders, and also for any modifications, sketches, drafts, type specimens, print specimens, samples, proofs and similar preparatory work.
5. Payments must be made within the period specified on the invoice – each payment period starts with the date on the invoice. Payments of exchange shall only be accepted following prior agreement. The customer shall always pay the exchange and discount charges.
6. For orders with a net order value exceeding EUR 5,000.00, invoices will be issued for the following instalments: 40% when the order is placed, 40% as the order progresses and 20% following delivery and acceptance at the customer’s company.
7. The offsetting or retention of payments due to counterclaims contested by us or those not established by a court of law is not permitted. This does not apply to rights to refuse performance from the same contractual relationship.
8. If the customer is in arrears or their credit rating has dropped considerably, all claims, even those regarding a deferral or collection of bills of exchange or checks, shall become due for cash payment immediately. We are also entitled in such cases to demand pre-payments or collateral security, or after a reasonable extended deadline, to withdraw from all existing deals.
   

IV. Delivery and transfer of risk

1. Any delivery dates specified are non-binding. A binding delivery may only be viewed as having been agreed once it has been confirmed by us as such in writing. It begins with the date specified on our order confirmation, however at the earliest on the day when the completely – in particular from a technical viewpoint – clarified order and all of the objects/documents required for the execution of the order have reached us, and we have received the agreed down payment. If the customer wishes to change the order after receiving or accepting the order confirmation, the delivery date shall be appropriately extended if we agree to the requested change.
2. A binding delivery date shall be viewed as having been kept if the service is dispatched to the customer or their subcontractor within the intended period. The observance of any delivery period depends on the customer’s punctual fulfilment of the contractual obligations.
3. The delivery period will be reasonably extended if measures are taken due to industrial disputes, in particular strikes and lockouts, as well as due to the occurrence of unforeseen impediments beyond our control, in such case as such impediments are proven to have a considerable impact on the completion or dispatch of our delivery item. This also applies if such circumstances arise at our suppliers’ companies.
4. Partial deliveries are permitted. Bulk deliveries may be exceeded or reduced by up to 10% of the confirmed quantity.
5. The risk is always transferred to the customer when the goods leave our company. If the dispatch or delivery is delayed at the customer’s request or if the customer is  in default of acceptance, the risk is transferred on the day the customer is notified that the goods are ready for dispatch.
6. Additional work of any nature shall only be included in our scope of services when expressly included in a special agreement. Additional or corrective work – unless previously agreed otherwise (for example a fixed price) for the case in question – shall be calculated based on our cost rates.
7. The return of goods/orders/data is not permitted if the customer is not entitled to a statutory or contractual right of return. Individual exceptions may require our prior approval and an agreement regarding the conditions of return.
   

V. Retention of title

1. The supplied goods or manufactured order shall remain under our ownership until all outstanding debts arising from the business relationship have been paid. The goods subject to the retention of title may only be sold on to third parties if approved by us. If the goods are sold on, the customer shall therewith assign any claims to us, shall however also remain liable for the payment of the goods.
2. The conversion or remodeling of the supplied goods in the customer’s domain shall always be performed for us as the manufacturer, however without any obligation for us. If our (co-)ownership expires by association, we herewith already agree today that the customer’s (co-)ownership on the unitary item is proportionally transferred to us (invoice value).
3. The customer must not pledge goods supplied under retention of title (prints, data, materials etc.), nor offer them as security. The customer must inform us immediately if third parties have access to the goods under retention of title. The customer has an obligation to insure any goods under retention of title against theft, damage or destruction, and accidental ruination (in particular through fire and water), and to provide proof of this when requested to do so.
4. If the value of all of our security interests exceeds the value of all of the secured claims by at least 20%, we shall release a corresponding proportion of the security interests.
   

VI. Ownership of tools

1. All of the prices specified for operating materials required to manufacture the product are pro-rata charges. Working drawings, films, printing plates, printing blocks, punching and embossing dies, as well as all other tools, even if invoiced separately, remain under our ownership and shall not be delivered.
2. The rights to them remain with us, unless expressly agreed otherwise.
   

VII. Warranty and compensation for damages

1. The customer is responsible for ensuring the correctness and completeness of the documents/model /manuscripts/data submitted to us for order processing, for the specified dimensions and other details, as well as the items supplied to us (also information provided on data carriers, sent per mail or internet-based). Any mistakes/errors made by the customer with regard to this shall not justify any inadequacy in our service. We therefore have no obligation to perform checks.
2. The customer must always check that the goods are delivered in accordance with the contract and our general processing and storage instructions (available under www.be-pmg.de) must be observed accordingly.
3. We must receive written notification of any obvious defects immediately or at the latest within a deadline of two weeks from the date the goods were received. We must also receive written notification of any hidden defects immediately or at the latest within a deadline of two weeks  from the date the goods were received.
4. The replacement of wear parts due to natural wear and tear is not deemed to be a defect.
5. All warranties shall only apply if the goods supplied by us have undergone expert maintenance and treatment. No warranty shall be granted for damage caused due to the following reasons: improper use, incorrect installation or commissioning by the customer or third party, natural wear and tear, incorrect or careless treatment, unsuitable operating materials or substitute materials. Any modifications (also to the production equipment) or maintenance work improperly performed by the customer or third party without our prior permission, shall render all warranty claims null and void.
6. Generally speaking, any faults and damage caused by the ordering party’s improper installation or operation of the goods shall be excluded from any claims for liability. In the case of adhesive labels, this particularly refers to the correct application by hand or using a dispensing system.
7. We are entitled to remedy any justified claims for defects that occurred as a result of our service by making subsequent improvements. We have the right to choose whether the situation can be remedied by eliminating the defect or supplying an item which is free of defects – with the exception of defects involving consumable goods. If the defect has not been remedied within a reasonable deadline, the customer may terminate the contract or lower the price/reduce the payment by a reasonable amount.
8. The ordering party shall recognize technology-based tolerances that are common to the industry, such as the size, color, adhesive and other design details, as contractual conditions.
9. For paper goods, minimal customary deviations in size, color, gumming and other design details shall not be deemed to be defects.
10. Any claims for material defects shall expire twelve months from the transfer of risk. This does not apply if the laws for construction, components for structures, structural defects and the purchase of consumer goods (including recourse claims) prescribe longer deadlines that are mandatory.
11. The liability for defects which do not, or only insignificantly, impair the value of a product or its fitness for use is excluded, where permitted by law.
12. The suitability of specific products or adhesives for the customer’s intended application is not part of the contractually agreed subject matter. This applies in particular for self-adhesive products as here it is not possible to predict how the adhesive will react to specific materials (e.g., plastics, fine leather, textiles etc.). It is therefore necessary to have the ordering party independently check if the materials envisaged and suggested by us will actually achieve the intended purpose. No employee nor the material laboratory of Plöckl Media Group GmbH will provide a guarantee or confirmation of a product’s specific characteristics. We reject any liability for damage or any disadvantages caused by it.
13. Customer claims for damages, regardless of for which legal reason, in particular due to the violation of contractual obligations and inadmissible action, are excluded. This does not apply in cases of premeditation or gross negligence leading to loss of life, bodily injury or damage to health, for liability in accordance with the product liability law, for any guarantee granted by us,  for damage due to culpable injury and for essential contractual obligations, or in other cases involving a compulsory statutory liability. The liability for the violation of fundamental contractual obligations is, however, limited to the replacement of contractually typical, foreseeable damage if the damage was not intentional or the result of gross negligence, nor involves a loss of life, bodily injury or damage to health.
    

VIII. Jurisdiction, place of fulfillment, final provisions

1. The jurisdiction for all legal disputes arising from our business relations with customers, dealers, a legal entity under public law or a special fund under public law, and the place of fulfillment is our head office. This also applies if the customer does not have a place of general jurisdiction in the Federal Republic of Germany.
2. German law shall apply for the evaluation of legal relations with the customer. The application of UN sales law (CISG) is excluded.
3. If any part of this contract or of our General Terms and Conditions of Supply should become ineffective or unenforceable, this shall have no effect on the validity of the remainder of the contract or of these terms and conditions.