1. Services provided by the contractor: the contractor is responsible for the production of signs. These can be aluminium signs, porcelain enamel signs or metal signs.
2. Production: the contractor shall send the contracting party (customer) a soft proof / simulation by email. Proofs and advance samples may be provided. However, this process is elaborate, and it is usually unnecessary. The proof shall be considered accepted unless the client makes it known within seven days of receiving the proof that he or she does not deem the proof acceptable. The customer is aware that the final product may differ in colour as a result of production processes and/or the material used. There may be colour deviations of +/- 10%.
3. Special agreements in writing: should the contractor send a representative to conclude the transaction, said representative shall not be authorised to conclude verbal collateral agreements. Said representative shall not be authorised to void the written form. Special agreements shall only be valid if noted down on the contract by the representative concluding the transaction. Any and all agreements in contravention of this regulation shall be null and void.
4. Warranty claims and quantity variations: warranty claims may only be made in the event that the damage was culpably caused by the contractor. Colour deviations within the range of +/- 10% shall be deemed as in agreement with this contract. Any and all claims shall be made in writing. No warranty claims may be enforced until receipt of such claims in writing. In the event that the client rightly raises issues regarding product defects, then the contractor shall be obligated to repair this or to arrange for subsequent delivery at the contractor’s own cost if this is possible seeing the nature of the item in question. Repairs must be made within a reasonable time frame. The client is aware that – due to the nature of production – there may be minor quantities or excess quantities in the range of +/- 10%. Discrepancies within this range shall be deemed as within the framework of the services outlined in this contract. The client shall be obligated to accept and pay for any and all minor quantities or excess quantities. The total is subject to said minor or excess quantities. We cannot give customers any guarantee as to the light fastness of tin metal signs. For aluminium signs, we offer a four-year guarantee on their light fastness.
5. Delivery period: the usual delivery period for the client is four to eight weeks for porcelain enamel signs, aluminium signs and tin metal signs. The delivery period starts as soon as the client approves the soft proof / simulation. The usual delivery period may only be shortened or extended in individual cases, following such agreement in writing. Flawless print template or production data are the result of the client providing the contractor with the data to begin with. The client shall then apply any and all requests for amendments or additions to the aforementioned documents within two weeks. The client shall also send said documents to the contractor within the same two weeks. The latter shall then correct the copies and templates. These documents shall be returned to the client within a reasonable time frame. As soon as the client has given final approval for the templates and the corrected copies – and once the contractor is in receipt of said documents – the regular delivery time shall commence. The deadline for deliveryshall be deemed as met if, within the deadline, the signs have left the contractor’s premises or if the signs are ready for dispatch/ ready for collection by the client. Delivery time may be extended without signature of any written agreement to this effect. This shall apply to any and all circumstances in which delays are due to influences or events outside the contractor’s control, such as suppliers going on strike.
6. Any and all shapes and tools shall remain the property of the contractor, and these shall be stored for at least two years.
7. By commissioning signs, the client agrees to the use of photos of said signs for the purpose of marketing our services on our own website as well as in product literature. Should the client not want this, he or she shall communicate this in writing at the time of commissioning.
8. Passage of risk and acceptance Risk shall pass to the client at the latest upon dispatch/collection of the signs. The same rule shall apply when partial deliveries are made or when the contractor has accepted other duties or delivery costs or delivery. Items delivered, even if these are very slightly damaged, shall be accepted by the client regardless of any warranty claims. Partial deliveries are permitted.
9. Title retention: the contractor shall retain title to any and all items delivered until such time that payment has been received in its entirety for the order in question. The contractor shall be entitled to retrieve the goods following notification of the possibility of any such action in the event of any behaviour on the part of the client that may be deemed as in contravention of this contract and especially in the event that payment is delayed. The client shall then be obligated to surrender the goods. Assertion of the retention of title as well as seizure of the goods delivered on the part of the contractors shall not be deemed termination of the contract unless the instalment-purchase law is applied. The client may neither pledge the item delivered nor transfer it by way of security. In the event of pledges as well as seizure or other such orders by third parties, the contractor must be notified.
10. Due date of the order: unless otherwise stated in the contract, the client shall become liable to payment within ten days of the date of passage of risk to the client. The amount shall be as outlined in the contract. In the event of a delay in payment (the determining factor is the day when the funds reached the contractor’s account), 5% ppa shall be added to the original amount agreed upon until the day that payment is received. The interest rate shall be calculated as per the current basic interest rate of the European Central Bank.
11. Assignment of claim: should the client function as a broker, he or she shall assign simultaneously any and all resulting payment claims in their entirety towards their customer to the contractor. The contractor hereby accepts such assignment. The client also confirms that there are no overriding cessions.
12. Place of jurisdiction: Munich, Germany shall be the place of jurisdiction – provided that this is in accordance with the law – for any disagreements arising form this contract. The law applicable is the law of the Federal Republic of Germany.
13. Place of fulfilment: Munich shall be the place of fulfilment
14. Severability clause: should any one of these regulations become invalid, be this in part or in its entirety, the parties to this contract shall be obligated to agree upon the clause that is most similar to the clause of this contract that has ceased to be valid. Any and all remaining clauses remain valid as normal.