AGB

AGB

General sales and delivery conditions of Varcotec GmbH
1. General: Orders are accepted and executed only on the basis of the following conditions. With the granting of the contract, these conditions become part of the contract and are expressly acknowledged by the customer. Deviating or additional agreements require the written confirmation by us.
2nd offer: Our offers are subject to change regarding price, quantity, delivery time and delivery possibility. Mistake is reserved. The purchase contract comes off only by the order confirmation (at the same time invoice).
3. Delivery is ex works or distribution warehouse. For the adherence of delivery periods no guarantee can be taken over. War, breakdowns, shortages of raw materials, traffic disruptions, high-handed orders and all cases of force majeure exempt from the obligation to deliver for the duration of the obstruction. The obligation to deliver shall be deemed to have been met in full as soon as the goods have left the factory or have been handed over to the railway, the post office or a freight forwarder. Claims for damages due to non-performance or non-timely fulfillment are excluded. Contracts with agreed partial deliveries (call orders) oblige the buyer to accept the partial deliveries in approximately equal monthly installments, unless agreed otherwise.
4. Weight for the calculation is the weight determined by us on departure of the goods. Delivery of excess or minimum quantities of up to 10% is reserved for packaging reasons.
5. Shipment takes place on account and risk of the buyer, also with freight-free delivery. Lease items listed on the invoices are invoiced at cost price if they are not returned within the rental period of 2 months free of charge at the receiving station. Disposable packaging will not be taken back.
6. Retention of title: We reserve the ownership of the delivered goods as long as we still have claims from the business relationship with the buyer. The buyer is entitled to sell or process the goods delivered by us in the ordinary course of business. He hereby assigns the claim from the resale of the reserved goods to us, even insofar as the goods have been processed. The purchaser is obligated to disclose to us on request the names of his customers and the amount of the claims against them and to grant access to his books insofar as this is necessary to determine the claims assigned to us. We are entitled to collect the assigned claims in our own name if the buyer no longer meets his payment obligation towards us. If the reserved goods supplied by us are further processed with other goods, the assignment shall only apply in the amount of the value of the reserved goods, as at the time of processing.
7. Complaints: Complaints must be made immediately, but at the latest within 10 days after receipt of the goods and before processing or consumption, stating the invoice no. and batch no. be claimed in writing from the supplier. For the delivered goods the model of the seller is authoritative. In the case of justified, duly reported defects, we are only obligated to take back the defective goods and to replace them, but not beyond the invoice amount of the complained and returned delivery. Other claims for damages are excluded, defects of a part of a delivery can not lead to the complaint of a whole delivery. Our standard products are designed to suit the majority of regular printing jobs. If a customer wants to use it for special work on non-standard substrates or for seldom occurring stress, it is urgently to be expected that he will be convinced by preliminary tests, most certainly by a small advance charge, if they are suitable and sufficient. If a customer requests a special order, eg for special printing conditions, papers or unusual demands on the printed matter to be produced, it is essential that he informs us about the special conditions of his printing work as accurately as possible and provides sufficient quantities of the material to be printed. Then we can adapt the desired product in the best possible way to the communicated conditions and the subsequent intended use and, if necessary, draw attention to the difficulties that are to be expected. Of course we can not accept a guarantee for the printing loss. This is not only dependent on the product, but on many other conditions and influences. Our instructions for use and application instructions are only general guidelines. Because of the variety of uses of each product and the particular circumstances, the buyer is responsible for their own testing.
8. Return or exchange: Exchange takes place exclusively in the case of faulty deliveries. Sold goods are only taken back or exchanged in exceptional cases on the basis of previous agreements. When returning without prior agreement, we are entitled to refuse acceptance.
9. Payment: Our invoices are payable and payable at the discretion of the purchaser, either within 10 days with 2% discount or 30 days without deduction. Bills of exchange and checks are only valid with their redemption as payment. The exchange of bills is only permitted with our prior consent. Discount and bill charges are charged to the buyer. If the payment period is exceeded, commercial default interest will be charged, which must be paid in cash immediately after posting. An offsetting of the buyer with claims that are not in the same legal relationship as the purchase price debt of the buyer, requires our consent. We are not obliged to make any further delivery before payment of due invoice amounts.
10. Place of performance and jurisdiction for both parties and for all claims are the courts at the headquarters of the company (Stuttgart).
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