General Conditions of Dinamis Media Factory SRL. Status 18.12.2002
1. Scope of conditions Orders will be performt to the following conditions. Different rules require the written form. Through the transmission of print data from the payer to the Dinamis Media Factory SRL. it is an award of a contract in accordance with § 145 BGB. 2. Performance and price The offer prices quoted by the contractor are valid, provided that at the tender underlying order data remain unchanged. The prices of the contractor's are net prices. They contain no added value tax and apply from service providers. Also, these contain not the costs of postage, packaging, freight, insurance and other shipping costs. Gross prices are characterized as such, and display net prices plus applicable VAT. For additional expenses just as proof, data conversion, related preparatory and all the pr-work the customer ordered, we calculate for each point 10 minutes. Expenses of 10 euro charged. 3. Payment and late payment We deliver only for pay on delivery or prepayment. Additional costs incurred by the non-acceptance of the delivery, will be billed to the customer. In the case of default, the contractor will also be entitled take as damage caused by delay a default charge of 2% over the respective bankrate of the german bundesbank, at least in the amount of 10% per annum. The assertion of an accrued higher loss to the contractor remains unaffected. The client is entitled to keep a verification to establish that the contractor has no or slight damage. Towards the claims of the contractor, the client only can claim with uncontested or vaild established judicial decree. In the commercial intercourse it is a right of retention and a right to withhold performance with the exception of the buyer, with the exception uncontested or vaild established judicial decree. In case of a non-acceptance of delivery, the customer take resultant costs. If an appropriation of order is exceeding high in amount of carton and paper, special material or if concessions are necessary this may require advance payment. Is the fulfillment of the payment claim because of a, after a contract formation happening or become known, worsening of the financial situation of the client at risk, the Contractor may can charge advance payment and immediate payment for all outstanding orders, including bills that are not yet due require, retained any undelivered goods, and stop the continuing work on ongoing orders. These rights also count for the contractor if the client despite a warning and do not pay the bill. 4. Delivery The Contractor will take the shipment for the client with due diligence, but he only liable for intent and gross negligence. The goods are insured by the particular conveyance conditions of the transport company. Additional insurances will only happen on the request of the customer and the charges are for his account. Delivery dates are only valid if they are expressly confirmed by the contractor. If the written contract is signed, the confirmation of the delivery date also requires the written form. If the promised delivery date is a public holiday, it is shifting automatically on the next business day. If the contractor is in default with its achievements, so he gets at first a reasonable period of time. After the end of that period, the customer can recede from the contract. § 361 BGB remains unaffected. Replacement of the damage caused by delay can only requested to the amount of the contract value (personal contribution excl. advance payment and material) . Operating trouble in the factory of the contractor as well as the subcontractors specially in cases of strike, lockout, war, rebellion and all other cases of force majeure, as well as disturbances in the data lines, not to allow the termination of the contractual relationship. The principles about the discontinuation of the business basis remain unaffected. 5. Objections The risk of any errors and the ready for printing statement proceed to the client, so long it is not about errors that can only be detected or recognized in the fabrication process after the ready for printing statement. The same is true for all other release statements of the customer to continue production. Complaints are only permitted within one week after the receipt of the goods. Hidden defects, that are not listed after the immediate investigation, must be reported within the statutory warranty of six months, beginning from the time the goods leaveing the factory. Complaints are not entitled when the cause of an objection is in case of non-compliance with any of our customers prior contract award wich is made available vor every customer before he order. This is particularly true for print data, that were created in the RGB color space, or with a too low resolution. In case of legitimate complaints the contractor is committed to atone, exclude other claims, rework and/or compensation delivery until the amount of the order value, unless, an assured feature is missing or the contractor or his vicarious agent accused intent or gross negligence. The same applies in case of a legitimate objection of the rework or replacement. In the case of delayed, neglect or abortive rework or replacement the client can claim a reduction of the remuneration, or rescission of the contract (conversion). The conversion is excluded, if the deficiency only reduces the quality or efficiency irrelevant. The liability for deficiency consequential damages is excluded, unless the client or their vicarious agents have intent or gross negligence for their burden. If the contract involve finishing work or further processing of printed products, the Contractor shall not be liable for the resulting damage caused by the refine or to process product, unless the damage happend deliberately or through gross egligence.
If a part of the delivered goods has shortcomings, it is not entitled to reject the entire delivery, except that the partial delivery is demonstrably without interest for the client. Slight deviations from the original color can not be queried by colored reproductions in all printing processes. This is also true for the comparison between hardproof and contact pressure. The contractor shall be responsible only to the extent of their respective claims against the supplier for differences in the complexion of the used terials. In this case, the contractor is free from his liability, if he give up his claims for the supplier to the customer. As far as the claims against the supplier through the fault of the contractor doesn't exist or such claims are not enforceable, the contractor shall be liable like a guarantor. Over or undersupplying up to 10% of the ordered requirement can not be challenged. Only the delivered quantity will be calculated. 6. Deposit, insuranceStorage media, templates, raw materials, print media and other for reuse serving objects, semi-finished and finished products only coffered after prior agreement beyond the delivery date. This storage requires a special compensation. The aforementioned objects or data, so far as provided by the client, will be discussed with care, until the date of delivery. The contractor is only liable for intention and gross negligence. If required the client have to mind himselve for an insurance of the named objects or data. 7. CopyrightPrinted materials and electronic publications will be created in case of contentswise templates of the client. The contractor has no influence over those contents. The client therefore liable to the contractor that he has appropriate rights to use, transfer and release of all transmitted data (including text and pictures). Furthermore, the principal is liable that he doesn't infringes the protection or contravention of copyright of third partys with his commissioned order. The printed matter must not contain anti competitive contents and contents that and that are contra bones mores. If a third party make use of the contractor, wich rights are infringe through the usage of the templates that are supplied by the client, the client will release the contractor from all associated liabilities and efforts . 8. Property The engaged operating items of the contractor that are used for the creation of the contractual products, particularly films, cutting dies, lithographs and printing plates, stay, even if they are calculated separately, property of the contractor and will not be delivered. Until the fulfilment of all claims we reserve the ownership of the delivered goods. For resale the client is only authorised if he use the ordinary course of business. Within the reservation of proprietary rights, the client gives his claims out of the resale to the contractor. With this the client accepts the assignment. 9. The place of performance and jurisdiction For all of the claims out of the existing contractual relationship between the client and the contractor the place of performance and jurisdiction is the place of the contractor. 10. Applicable law, privacy, effectivenessThe contractor is entitled to store and process the data he get from the client. A deletion of the data require the written form. The contractor is entitled to give customer data, that accrue from the contract data or data that are necessary to realise the contract, to third parties, credit institution and contracting party, so long as it serves the order processing. The existing terms of data privacy will be minded by the contractor. It counts the law of the Federal Republic of Germany, whereby the application of the uniform International Sale of Goods (UNCITRAL Convention) is excluded. 11. Severability clauseIf one or more provisions of this contract or of the GTCT is wholly or partly inoperative, all other provisins remain vaild. Retrospectively a contentwise preferably same provision supersede the place of the inoperative provision.
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