packit! Verpackungen GmbH – General Terms and Conditions Austria

Applicability of the General Terms and Conditions of Business and Supply
By placing an order, the customer is declaring its acceptance of the following general terms and conditions (GTC). Any deviations from these terms and conditions require the written form to take effect. This also applies to the amendment of this clause requiring the written form. Other GTC of the customer will not form part of the contract even if we do not expressly contradict them. Any invalidity or ineffectiveness of individual provisions of these GTC will not affect the validity of the remaining provisions.

Offers, orders and prices
Offer prices are subject to change based on current wages and material and paper costs passed on by the supplier and are exclusive of packaging. Errors excepted. Orders will be deemed to have been accepted only once written confirmation has been received from the supplier.
Costs incurred by us as a result of the process of making an offer, such as costs for development and technical services, samples and corrections, are to be borne by the buyer if no order should result. Elaborate graphic designs are in general chargeable in whole or in part also at the time the order is submitted.

Deliveries
are made at the expense and risk of the customer. We reserve the right to carry out the following excess or short deliveries: up to 500 pcs – 25%, up to 3000 pcs – 20%, 3000 or more pcs – 10%. They are to be invoiced at the agreed price. Slight deviations in colour or format do not constitute grounds for complaint. We accept no liability for fluctuations in weight of up to +/-5%. To be effective, complaints of any kind must be received by the supplier in written form at the latest 10 days after receipt of the first part delivery at the customer’s premises. In the event of default of acceptance, storage fees in an appropriate amount will be deemed to have been agreed, where these must be at least 1% of the true value per month.

Copyright and trademark protection rights
remain in all cases with the supplier; this applies also to samples and designs handed over/delivered to the customer by the supplier for inspection purposes. By paying the charge, the customer is purchasing merely the right of use for the agreed purpose and in the agreed scope. The customer bears full responsibility for the infringement of copyrights or proprietary rights and shall indemnify and hold the supplier harmless in the event of claims based on such infringements. The supplier is not obliged to make inquiries about copyright and trademark protection conditions.

Means of reproduction
Means of reproduction, irrespective of by whom they have been produced or paid for, such as dies, printing plates, lithographs, stereotypes and tools remain the inalienable property of the supplier, even if the contracting authority has paid compensation for such works. The customer is therefore not entitled to exercise a claim for surrender.

Retention
The supplier accepts no liability of any kind from safekeeping agreements with regard to the acceptance of manuscripts, originals, stereotypes and print documents or similar.

Disruption to operations
Cases of force majeure and strikes, lock-outs, unforeseen damage to machinery, the impossibility of obtaining raw materials, delays in the delivery of raw materials etc. will in all cases release the supplier from the obligation to deliver; the customer will in such cases not be entitled to cancel the order or assert claims for compensation.

Acceptance of goods
All defects are to be reported in writing for compensation within 5 working days of receipt of the goods. If we are to acknowledge a complaint, samples must be returned to us and the following information provided: quantity of product to which the complaint refers and batches or pallet number(s). Deliveries recognised by us as defective will be either corrected or credited. Our liability is limited to the invoice amount. We are not liable for consequential damage.

Claims for damages
are justified only in so far as these are limited by the amount of the invoice. This applies also if packaging materials have been supplied on the part of the customer. We are a member of ARA (Altstoff Recycling Austria), and exemption from obligation for our transport packaging has been obtained in Austria under ARA number 12694. Payment of the disposal fee pursuant to the Packaging Ordinance (Verpackungsordnung) in the current applicable version for the products supplied by the customer must be made exclusively by the same if it brings these products into circulation domestically. The seller assumes no liability in this respect. By written order of the buyer, exemption from obligation for Austria can be effected via our ARA no. 12694 in return for the passing on of the related costs.

Legal notice
The supplier is entitled to add company names and trade names to the finished printed materials and products without the special permission of the customer.

Retention of title
All goods delivered will remain our property until such time as all outstanding payments have been made.

Place of fulfilment and jurisdiction:: Steyr, Austria.
Last revised: May 2008

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