General conditions of sale
Validity of Contract
This Purchase Order is firm. A change of conditions or a cancellation – total or partial – cannot be accepted.
Any verbal understandings that are not mentioned in the Purchase Order nor confirmed by the vendor in writing are not valid.
Unforeseen events, force majeure, strike, riot or the non-availability of reproduction rights or of the pertaining electronic data, films and/or samples release the vendor from the total or partial obligation to supply. No claim for damages will derive for the purchaser nor a third party from such an event.
In case that electronic data or litho films, blocks, dies, etc. were delivered the purchaser has to give notice to the vendor of any default in quality or quantity within eight days after receipt of invoice. No claims will be accepted after that date.
Delays in delivery
The keeping of the date of delivery is dependent on the acquisition of the reproduction rights from the owner of these rights and on other factors beyond the control of the vendor. Consequently the inserted date of delivery is not binding for the vendor and any claims for damages because of delays in delivery are expressly excluded.
The vendor reserves the right to make part shipments. In case electronic data, films, blocks, dies, samples, etc. are delivered these travel at the purchaser’s risk from the moment at which the vendor has handed them over to the post office, the forwarding agent, the airline, etc. The vendor is not obliged to take care of insurance.
All prices are net. Discounts and other deductions are allowed only if confirmed in writing.
If the sales of reproduction rights, electronic data or films, blocks, dies etc. are subject to any tax in the country of the purchaser, all prices quoted are to be understood with the addition of this tax. It is on the purchaser to pay this tax to the authorities of his country.
Acquisition of rights
The reproduction rights will be transferred to the purchaser only to the extent as acquired by the vendor from the owner of the rights. In the event that these rights should have any legal defects claims from damages can only be brought forward directly against the supplyer and/or owner from which the vendor has acquired the rights. In such a case the vendor will submit to the purchaser all information and papers necessary to document his legitimate claims. All reproduction rights remain vested with the vender till the purchaser has paid for them the agreed prices. In case of delivery of electronic data, films, blocks, dies, etc. the vendor reserves the property of the goods till all invoices have been fully paid by the purchaser.
The purchaser of the reproduction rights commits himself within the laws of his country not to sell nor to deliver, directly or indirectly, the electronic data, films or the designs produced therefrom outside of the territory specified in the Purchase Order.
The Purchase Order is subject to the laws of the Federal Republic of Germany. All law suits agains the vendor will have to be dealt with exclusively in the courts of law of the Federal Republic of Germany. All law suits against the purchaser will have to be dealt with either in the courts of law of the Federal Republic of Germany or of the country of the purchaser at the vendor’s sole discretion.