Reservation of ownership
The title to the merchandise does not pass to the purchaser before the purchase price has completely been paid.
Delivery
If payment in advance has been agreed, delivery is effected after the outstanding amount has been received. If the payment is settled via credit card, delivery is effected immediately after receipt of the order.
Right of revocation for end-consumers
We grant any end-consumer the right to return the merchandise within 8 days, without giving reasons. If the value of the merchandise is less than € 40, the purchaser shall pay the return cost.
Guarantee and limitation of liability
If the delivered product is defective, we are entitled to ship a replacement delivery. If the first replacement delivery fails, the customer is entitled to request – at his discretion – the reduction of the purchase price or the rescission of the contract.
Obvious defects have to be notified in writing within 8 days of delivery of the merchandise. If the customer fails to comply with this duty, warranty claims because of obvious defects are excluded.
In case of a complaint, the customer shall send us the respective commodity with a description as precise as possible of the defect and a copy of the invoice.
If such cooperation is neglected, the search for the defect and the subsequent replacement delivery may markedly be delayed. The customer's warranty claims continue to exist, however, even if this clause is not observed.
Any damage claims against us, or our employees, are excluded unless the damage has been caused intentionally or by gross neglect. This exemption from liability shall not be effective for violations of contractual main duties, in case of the absence of promised qualities, or with reference to claims based on the product liability law.
Offer and Quotation
All offers are valid ex works and are subject to alteration. The date relevant for the calculation of the price is the day of delivery unless fixed prices have explicitly been agreed upon. The prices cover the manufacture of the order without interruption. Additional costs that are caused by partial deliveries requested by the orderer, insufficient sample material, or other circumstances for which the factory is not answerable shall be charged to the purchaser's account. The same applies to modifications requested after placement of the original order or to other corrections not caused by the factory.
Materials are to be delivered free domicile, free of rights of third parties, and at the amount - including a sufficient excess for processing - being specified. No inspection for quality or amount will be performed after delivery. With the delivery of the materials, the orderer acknowledges their suitability for processing. The factory cannot be held responsible for defects of the materials supplied by the orderer or for the consequences of such defects. Since more and more often, fabrics are interwoven with synthetic fibres or treated with chemicals whose effects on gluing we do not know, we cannot give any guarantee for the durability of the glues we use. Foreign property is stored without insurance at the proprietor's risk. The proprietor has to take out any insurance he may consider appropriate.
Drafts, models, clichés, printing and stamping plates, and the like remain our property. We keep the right of reproduction, by any means and for any purpose whatsoever, of our own drafts, originals, and the like. No reprint shall be permitted but with our permission. In any other respect, the orderer has to verify his right of reproduction. In cases of violations of copyrights, patents or registered designs, the orderer shall indemnify us for all legal claims, costs, and expenses. Printing and stamping plates and the like, if supplied by the orderer, shall be delivered free factory. Returns are charged to the orderer's account.
Any trials, preparations, sketches, etc. requested by the orderer are charged to the orderer's account. If the orderer demands that the order be executed particularly fast, and overtime or other additional investments are necessary to do so, an extra charge may be charged to the orderer's account.
The orderer shall check proofs for typographic and other errors and return them ready for the press. We cannot be held responsible for mistakes overlooked by the orderer. Modifications requested on the phone have to be confirmed in writing. Setting mistakes are rectified free of charge, but modifications or corrections of the printing pattern occasioned by the orderer or the author are charged according to the working hours needed. Minor deviations from the original or from the proof print cannot be advanced as a reason for complaint in case of colour reproductions, whatever the printing method used to make them.
Delivery and acceptance
For all deliveries, max. 10 % deviations up or down from the ordered quantity, and for colour cards manufactured by the lacquer-printing technique, max. 20 % deviations up or down from the ordered quantity are permitted. The amount of the invoice will be raised or lowered proportionately.
The delivered merchandise shall be inspected by the orderer immediately after receipt. Any complaints shall be put forward within 8 days, otherwise the merchandise will be considered accepted. Deviations in the properties of the paper or any other material procured by us cannot be the object of complaints if such deviations are mentioned as permissible in the terms of delivery of the appropriate suppliers' associations.
The merchandise is transported at the addressee's risk, even if the sender defrays the forwarding cost. Paper and cardboard wrappings are charged at cost and will not be taken back. Cases if returned in good condition within 4 weeks are credited at two thirds of the price charged.
We have the right to provide the delivered articles with a manufacturer's badge consisting of the company logo, the manufacturer's address and the company number.
We reserve the right to effect deliveries by mediation of companies legally associated with us, if deemed appropriate.
Complaints and Guarantee
In consideration of the great variety of materials to be processed and their differences in behaviour during processing, claims for cancellation of sale or damages are excluded.
Acts of God, obstructions resulting from legal duties or actions of the authorities, difficulties in the procurement of raw and other materials, work stoppages, other troubles or restrictions, whether occurring in our company, in any company related to the delivery, or during forwarding, dispense us from the obligation of timely and complete delivery or entitle us to withdraw from the contract of delivery, without creating a claim for damages. Claims for damages based on delayed delivery are not possible.
If the merchandise is warehoused in the factory, the delivery is considered executed according to the contractual duties.
We are not responsible for indirect loss of the orderer if such loss results from delays in delivery, misprints, or other mistakes. Nor do we compensate for any claims put forward by third parties for the aforesaid reasons.
Payment and Venue
Prices are given in euros. Any right to withhold the purchase price or to set off the price against claims of the purchaser is excluded. Expenses defrayed for the orderer in the course of business shall be refunded without loss at once.
Payments shall be made without deduction in legal tender within 30 days of the date of the invoice. For payments within 10 days, a 2 % discount is granted. On the due date, default occurs without a special reminder being sent. The interest on arrears is 2 % over the Central Bank discount rate. Bills of exchange, cheques, money orders, and the like are taken as payment only subject to the usual reservations and shall be honoured without any loss to the vendor's party. Guaranties or payment in advance of the amount of an invoice can be requested, in particular if the factory learns of circumstances that jeopardize the fulfilment of the payment. It is further possible in case of major orders that intermediate invoices covering the work performed are made out and instalments are requested.
The delivered merchandise remains our property until the complete payment of the price agreed upon or until the cheque or bill of exchange given as payment has been honoured.
The place of performance and venue, also for hortatory proceedings, is Göttingen.
Exclusion of Foreign Terms and Conditions
It is considered agreed that the orderer contradicts our terms of delivery and payment by a separate letter (not only by sending us his printed terms of purchase) if he wants another basis to be effective for the transaction.
Any supplements of our terms are effective only if agreed upon in writing.
MUSTER-SCHMIDT · SAMPLE CARDS · PUBLISHER · BOOKSHOP · Northeim · Zurich
Member of the Deutsches Farbenzentrum e.V. and of the Deutsche farbwissenschaftliche Gesellschaft e.V.