GENERAL TERMS AND CONDITIONS OF STUDIO OBERLÄNDER GMBH
All our deliveries, services and proposals are subject to the terms and conditions below. They apply to all future deliveries even without repeat publication.
By assigning an order to use, the ordering parties expressly accept these terms and conditions.
Other agreements specifically including unwritten side agreements with any of our employees and orders placed over the phone shall apply only if confirmed by us in writing.
2. Proposals and orders
We shall not be bound by any of our proposals which are also subject to confirmation. Proposals remain valid for 4 weeks. We do not consider an order finally placed unless it has been confirmed in writing. The right to withdraw from a contract shall be limited to not more than 3 days after receipt provided that the order item has not been dispatched before. The right to withdraw shall not apply to articles including any print work.
Prices are exclusive of packaging, shipping and statutory value added tax.
We will separately invoice changes to goods and services made upon the orderer’s request after order confirmation.
4. Patents and other intellectual property rights
The Client shall be solely responsible for verifying the right to reproduce the manuscripts and original imagery.
The Client shall indemnify us from third party claims for the violation of intellectual property rights based on deliveries made with reference to any of the Client’s drawings or other information and documents.
5. Delivery and lead time
Unless agreed otherwise, the “free house” condition of proposals made subject to free house delivery shall denote an address in the orderer’s country.
The Client shall bear the costs of express deliveries.
The delivery date shall be confirmed in the order confirmation. The order shall be confirmed when we have all Client documents and declarations we need to execute the order or when the Client has approved the order. Although not considered fixed dates, we will try to meet all confirmed delivery deadlines. Fixed dates shall apply only if agreed in writing upon order placement. In case we are in default with an agreed delivery, we shall first of all be granted an equitable grace period in writing. We reserve the right to make partial deliveries.
Business disruptions attributable to force majeure, industrial actions or other unexpected events at our own or our suppliers’ operations shall exempt us from meeting the agreed delivery dates.
Excess or short deliveries of up to 10% of the run under the contract shall not give rise to justified complaints. The quantity actually delivered shall be invoiced.
Return shipments of goods delivered beforehand are subject to our prior written consent and our instructions.
In case the purchaser, for reasons not under the responsibility of the seller, fails to immediately accept the goods delivered by the seller, the ensuing costs (including but not limited to costs of warehousing or further attempted deliveries) shall be borne by the purchaser. The purchaser waives its right to claim for the resulting delays in delivery.
6. Complaints and liability
The Client shall check all goods delivered or the galley proofs submitted for correction (digital/analogue) or outturn samples for compliance with the contract.
By giving its permission to print, the Client accepts the risk of remaining errors.
Goods obviously damaged in transit shall be accepted by the Client only if the carrier acknowledges and accepts responsibility for the damage.
Any type, quality and/or quantity defects shall be reported to us in writing either immediately or within 8 days after receiving the goods. Latent defects shall be reported in writing immediately after discovering them. Goods shall be deemed approved and accepted if the purchaser fails to comply with this reporting obligation.
Defects in some of the goods delivered shall not justify an objection to the entire delivery. Minor design, size, colour and/or material discrepancies or modifications shall be reserved and do not justify a complaint.
In case of justified complaints it is in our sole discretion to subsequently improve and/or replace the product and/or to reduce the price under exclusion of all further claims. The parties agree to exclude all liability for consequential damage or loss of profit caused by a defect.
7. Terms of payment
Invoices shall be payable within 30 days after receiving the invoice.
We will apply the statutory interest on arrears for invoices not paid within this term. In the event of default, the ensuing costs of debt collection and recovery shall be borne by the debtor.
8. Retention of title
Studio Oberländer GmbH shall retain title in all goods delivered until such time that the purchase price of said goods including all ancillary dues have been fully paid.
Every payment made by the purchaser shall be credited against the oldest outstanding debt such that ownership in any goods shall not be transferred until all earlier receivables have been paid that the purchaser owes the seller.
Setting off counter-claims of whatever nature shall be subject to agreement.
9. Places of performance and venue
The places of performance are Wiesbaden and Frankfurt/Main.
The place of venue for deliveries and payments is Wiesbaden for both contractual parties.
If a provision of these terms and conditions are found to be invalid, this shall not affect the validity of the other provisions. Invalid provisions shall be replaced by the equivalent statutory regulations.
Date: October 2016
These terms and conditions supersede all earlier agreements.