Labeling solutions for logistics, industry and POS applications
Entdecke die Vielfalt von Hüsch GmbH - Print Technology
General terms and conditions
Terms of Service
§ 1 Scope
These general terms and conditions are the basis for all contracts concluded now and in the future. Upon receipt, they are deemed to be agreed as binding between the customer and us and become part of all transactions to be concluded without the need for a new transmission or agreement. Deviating terms and conditions of the customer are not valid without our express objection.
All offers apply exclusively to industry, trade and commerce. With his order, the buyer confirms the use of the goods within the scope of his commercial activity. Orders placed are binding from the day of the order. If orders are canceled afterwards, we will assert claims for damages of at least 20%. If the goods have already been partially or completely produced, up to 100% compensation will be demanded, depending on the production status. Since these are customer-specific products, a right of withdrawal of 14 days cannot be granted.
§ 2 Prices and terms of payment
(1)
Unless otherwise stated in the order confirmation, our prices apply ex works, they are net plus the applicable VAT, excluding postage and packaging, which are calculated at cost price. Prices used by sales representatives in order forms are only binding if we have not objected to them within a period of two weeks after receipt of the order. Additions and ancillary agreements to the agreements made with the customer only become legally binding after we have confirmed them in writing.
(2)
Our invoices are due for payment within 10 days of the invoice date with a 2% discount or 30 days net. For new customers, we reserve the right to deliver against cash on delivery or prepayment. If the customer is in default of payment, we are entitled to demand interest on arrears at a rate of 5% above the respective base interest rate, in the case of commercial transactions at a rate of 8% above the respective base rate. If we can prove a higher damage caused by delay, we are entitled to assert this.
The invoice amount is due immediately for:
a) refusal to accept the goods,
b) non-fulfillment of obligations from previous transactions,
c) in the event of suspension of payments, initiation of insolvency proceedings and/or business disposals.
(3)
In the case of contracts with an agreed delivery time of more than 4 months, we reserve the right to increase the prices in line with the cost increases that have occurred due to collective agreements or material price increases. If the increase is more than 5% of the agreed price, the customer has the right to terminate the contract.
(4)
The customer is only entitled to offsetting and retention rights if his counterclaims have been legally established, are undisputed, or have been recognized by us.
(5)
In the case of contracts with an agreed delivery time of more than 4 months, we reserve the right to increase the prices in line with the cost increases that have occurred due to collective agreements or material price increases. If the increase is more than 5% of the agreed price, the customer has the right to terminate the contract.
(6)
The customer is only entitled to offsetting and retention rights if his counterclaims have been legally established, are undisputed, or have been recognized by us.
§ 3 Delivery time and shipping
(1)
If we are in default, our liability for damages in the case of slight negligence is limited to an amount of 50% of the foreseeable damage. Further claims for damages only exist if the delay is due to intent or gross negligence.
(2)
Compliance with our delivery obligations presupposes the timely and proper fulfillment of the customer's obligations to cooperate. This applies in particular to the provision of files in the required format. If approval by the customer is required, the delivery time only begins when the approval notice is available.
(3)
All shipments are sent at the risk of the recipient, damaged goods are only to be accepted after written acknowledgment of the damage by the railway, post office or forwarding agent.
§ 4 Call Orders / Obligations to Cooperate
(1)
If the customer has to accept delivery within an agreed period, if he is more than 2 weeks in arrears with the call-off of the order, we are entitled to deliver the ordered goods or the remaining quantities to the customer.
(2)
If the customer is obliged to cooperate in fulfilling the order, for example by returning the proof or confirming that it is ready for printing, he must comply with this obligation to cooperate within 2 weeks; if he does not do this, the obligation to cooperate is deemed to have been fulfilled, i.e. the print is deemed to have been approved.
§ 5 Warranty
(1)
Due to the technical manufacturing processes, there may be excess or short deliveries of up to 10%, which is customary in the industry. These tolerance quantities are calculated based on the actual delivery quantity; Deviations in quantity therefore do not justify reductions in invoices, nor do they justify any subsequent delivery obligation. We do not guarantee the suitability of our products for the intended use by the buyer. This applies in particular to our self-adhesive products, since the reaction of the adhesives on certain materials (e.g. plastics, painted surfaces, etc.) cannot be predicted. It is therefore necessary for the buyer to carry out their own adhesion tests on the upper material. Franz Hüsch GmbH assumes no liability whatsoever, not even for compensation.
(2)
If the buyer is an entrepreneur, we initially provide a warranty for defects in the goods, at our discretion, by rectification or replacement delivery.
(3)
If the buyer is a consumer, he initially has the choice of whether subsequent performance is to be carried out by means of repairs or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
(4)
If the supplementary performance fails, the customer can demand a reduction in payment (abatement) or cancellation of the contract (withdrawal) at his discretion. In the case of only a minor breach of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw from the contract.
(5)
Entrepreneurs must notify us in writing of obvious defects within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
(6)
If the customer chooses to withdraw from the contract due to a material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect. If the customer chooses compensation for damages after subsequent performance has failed, the goods remain with the customer if he does so is reasonable. Compensation for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of contract fraudulently.
(7)
For entrepreneurs, the warranty period is 1 year from delivery of the goods. For consumers, the limitation period is 2 years from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time (section 4 of this provision).
(8th)
If the customer receives defective assembly instructions, we are only obliged to deliver assembly instructions that are free of defects and only if the defect in the assembly instructions prevents proper assembly.
(9)
The customer does not receive any guarantees from us in the legal sense; manufacturer guarantees remain unaffected.
§ 6 Drafts, property rights
Drafts that we develop and make available, as well as final drawings, films, templates and printing plates made by us, remain our property even after payment. We also remain the owner of the existing industrial property rights and copyrights. The customer assures us that the drafts and implementation specifications supplied by us do not infringe existing patents, licenses, trademarks, designs or other industrial property rights, including copyrights of third parties. In the event of a claim against us by a third party due to the infringement of such a property right, the customer releases us from all payment obligations arising from this.
§ 7 Retention of title
(1)
We reserve ownership of the delivery items until payment.
(2)
If the customer behaves in breach of contract, in particular if he is in arrears with payment, we are entitled to take back the goods after a reminder and the customer is obliged to surrender them.
(3)
The assertion of the retention of title and the seizure of the delivery items by us are not considered withdrawal from the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing legal entity under public law or a special fund under public law, the following also applies:
(4)
The customer is entitled to resell the delivery items in the ordinary course of business; however, he already assigns to us all claims in the amount of the purchase price agreed between us and the customer (including value added tax) that accrue to the customer from the resale, regardless of whether the delivery items are resold without or after processing. The customer is authorized to collect these claims after their assignment. Our authority to collect the claims ourselves remains unaffected; however, we undertake not to collect the claims as long as the customer duly meets his payment obligations and is not in default of payment. If this is the case, however, we can demand that the customer discloses the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
(5)
The processing or transformation of the goods by the customer is always carried out for us. If the delivery items are processed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the delivery items to the other processed items at the time of processing.
(6)
If the delivery items are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the delivery items to the other mixed items. The purchaser keeps the joint ownership for us.
(7)
The customer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform us immediately and provide us with all information and documents that are necessary to protect our rights. Enforcement officers or a third party must be informed of our property.
(8th)
We undertake to release the securities to which we are entitled at the request of the customer if the value of the claims to be secured exceeds them by more than 20%, insofar as they have not yet been settled.
§ 8 Place of Performance and Applicable Law
(1)
Place of fulfillment is 57647 Nistertal/Ww.
(2)
The place of jurisdiction is Westerburg
(3)
The law of the Federal Republic of Germany is authoritative for all legal relationships between the customer and us, even if the legal dispute is conducted abroad.
§ 9 Severability Clause
If a clause from these contractual conditions is legally ineffective, this does not affect the liability of the remaining provisions.