These terms and conditions apply to all contractual relationships , such as Supplies, services, offers, between the company Bartneck Print Artists, Room 65, 10117 Berlin, hereinafter called Print Artists, and the client. The award of the contract shall constitute acceptance of these conditions. Remote Verbal agreements to be legally effective unless in writing. We reserve the right to change without notice.
Offers in terms of price, quantity and delivery time -binding and without obligation.
Basis for the calculations of Print Artists is the valid price list. The prices are as stated in EUR without shipping and packaging costs. All prices are, unless stated otherwise, prices are net prices plus VAT. In the meantime occurred price increases, errors and erroneous information in price lists, brochures and the like do not qualify for deductions of any kind Basically, Print Artists reserves the right to require a deposit.
The customer expressly declares that he is in possession of reproduction and reproductive law. For copyright infringement liable in all cases the client. He has print artists from claims of third parties and to report to accumulating the necessary legal costs. Orders received for the CD / DVD production, the client, in addition to sign a declaration of exemption with regard to any GEMA licensing. Print artists at all times reserves the right to refuse orders without giving reasons, especially for jobs with Nazi, illegal and / or morally questionable content. If there is a not only minor arrangements of the given material by print artists, the client should be noted that print artists under § 7 of the Copyright Act is author of the created work. The assertion of claims from this law remains Print Artists reserved.
5. Acceptance of Orders
All orders are processed only after written order. The Print Artists surrendered original documents or data carriers are treated with the utmost care. Should there still be any loss, damage or mishandling of that is due to the gross negligence of Print Artists liable Print Artists maximum of its material value. Buyer, acting in a strange order, be liable in addition to the Principal for the fulfillment of our conditions and pay for the order invoice personally. The client is in principle obliged to insure the us for processing abandoned originals, which are not reproducible by print artists against any kind of damage, loss or theft. Print Artists expressly reserves the right to manufacture customer orders at partner companies.
Electronic data processing basis are the records, such as print artists it gets processed by the client for the output. For printing of data with the necessary conditions must be met. An examination requirement of this data is the responsibility of Print Artists. Print Artists specifically assumes no liability for errors in the final product, which are due to defective material supplied or when predetermined data formats and image data are not fully delivered. The client declares that he supplied records represent duplicates of the original data set and the original is placed in its possession. The obligation to backup the sole responsibility of the customer. Nevertheless Print Artists is entitled to make a copy. All media should be provided with the name and address. Should there still be any loss, damage or mishandling of that is due to the gross negligence of Print Artists liable Print Artists maximum of its material value. For ceded data and Blank Media assumes no responsibility Print Artists. A storage of digital data via the delivery date, only on the basis of prior agreement and without warranty line on theft and loss of data due to technical fault. The Client undertakes to keep the Print Artists on data submitted extracting from itself archives (drivers, programs, data, etc.). Otherwise, the client is liable for the resulting costs, eg uninstallation. For damages caused by running of Print Artists installations of software / drivers on the customer's own hardware and software as well as data, Print Artists shall not be liable. The same applies for damage caused by downloading data from the website of the client. Manufacturing, processing and recording costs and fees and salary demands are excluded from liability.
Shipping costs will be borne by the customer. Dates and delivery times are not binding, unless in writing a fixed date, which as such is clearly visible, it was agreed. The agreed date for completion of the project with delivery of the contract is not a fixed date. For any incoming schedule delays Print Artists shall not be liable. The risk involved in the dispatch of delivery or partial delivery automatically transferred to the client. Print Artists shall not be liable for loss, late arrival or damage. Claims for damages of any kind are excluded.
8. Adoption/ Collection of goods
Adoption / Collection of goods for the products manufactured by Print Artists goods and services provided shall the obligation to collect the principal, unless it was agreed otherwise. For the duration of the delay in acceptance of the client Print Artists is entitled to store the goods at the risk and expense of the client. Print Artists may submit serving a bearing holder. The resulting storage costs as well as possibly arising from refusal to accept delivery at extra transport costs are payable by the Customer and are printed Artists to repay. Denied the client to accept the performance in whole or in part, or does the order not for a reason by the principal reason for performing so Print Artists may, without prejudice of the right to payment of the already incurred for the job expenses and costs for the elimination of pre-prepared materials / Facilities for damages in the amount of 10% of the contract value or the corresponding part demand. The proof of a lower damage the client reserved. The optional print artists claim to performance remains unaffected. Originals and data of the customer and the goods produced are in, disposed of despite a written request, of failure to pick up, within 3 months after order completion.
Complaints regarding the amount and nature of the goods supplied by print artists are immediately put forward as possible or immediately upon receipt of the goods. Other defects must be notified Print Artists of receipt of the goods by the customer within a period of one week. If the subject of the complaint proven to be caused by print artists, the claimant to goods must be fully returned to the Print Artists. The client must give the opportunity to repair or for post- Print Artists. If it emerges from the goods that it was created for a specific event on a specific day, such a claim will be processed only if this is done before the event. Claims for damages of any kind are excluded. For claims which are clearly due to a machine error occurs, a replacement. Improper re-use and use of goods produced by Print Print Artists Artists assumes no liability. A complaint is excluded in this case. If the client wishes an order processing without preparing a specimen copy / proof print the warranty is excluded. Unless otherwise agreed, the copy / print the sample is calculated according to the price list, even if the client does not placed the order after reviewing the specimen copy or take back. This also applies to the printing on textiles and other materials. For color reproduction in all manufacturing processes, slight deviations from the original can not be rejected. The same is true for the comparison between proof, proofs and the final product. The Contractor shall be responsible for deviations in the quality of the material used up to the amount of his own claims against the respective supplier. In such a case the Contractor shall be relieved of liability if he assigns his claims against the supplier to the customer. The Contractor shall, to the extent claims against the supplier through the fault of the contractor do not exist or are not enforceable. In case of damage to customers materials that may arise in particular in printing, binding, laminating, folding, cutting, etc., Print Artists shall not be liable. For the commissioned cutting of printing or material is a measure of tolerance applies up to 2 mm on each blade edge. Print Artists shall not be liable for ensuring and keeping the left by the client objects.
10. Retention of title
The goods remain the property of Print Artists until full payment of the purchase price and all claims of the existing business relationship. Breach of contract by contract, in particular default in payment, Print Artists is entitled to recover the goods. The customer is obliged to return the goods.
11. Accounting/ Payment
Print Artists expect payment of the invoice, usually within 14 days without any deduction. A different possible discount agreement does not apply to freight, postage, insurance or other shipping costs. In exceptional inputs an appropriate advance payment may be required. The customer may only offset undisputed or legally established claim or exercise a right of retention. If the fulfillment of the payment claim is endangered because of the actual or become known after conclusion of deterioration in the financial circumstances of the client, the contractor may request advance payment shall be forfeited, not yet delivered, and stop further work. These rights belong to the contractor even if the client is with the payment of deliveries in arrears, based on the same legal relationship.
12. Privacy and Security
Print Artists is authorized to process the data received in connection with business connections data on the client in accordance with the Federal Data Protection Act and to save. Next Print Artists is entitled, for the purpose of executing the contract stored personal data to third parties, in particular banks, credit organizations and collection agencies to disclose, to the extent necessary for executing an order or to protect the legitimate interests Print Artists and legitimate interests of the client are thus not unfairly prejudiced. A transfer is made in each case to the extent necessary to third parties who are with the execution of the order, the sending and receiving mail, instructed. With data transmissions, the Principal shall use to-date protection programs for computer viruses. Data backup is the sole responsibility of the customer. Print Artists is entitled, but not obliged, to take copies of the print data. The customer is aware that they are not protected against access by third parties via the Internet data transmitted. All stored personal data is deleted with elimination of the storage purpose or at the written request of the claimant. In the case of data which are stored in the context of generally accepted accounting principles, the deletion will take place after the legislation determined by minimum retention periods. Data that are needed for legal purposes will be deleted after the legitimate interest of Print Artists ends at their store.
13. Performance / Jurisdiction
Place of performance and jurisdiction is Berlin.
If any provision of these Terms is invalid, thus the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by one that comes closest to its economic purpose.
Berlin, July 2006