General terms of sale, delivery and payment of the GMBH Cre8 design
1. Applicability and agreement.
1.1 All offers are made subject to an appropriate declaration of these general terms and conditions of sale, delivery and payment, in which the applicability of other terms and conditions is expressly rejected, both with regard to the offer and its acceptance as well as with regard to the agreement thus formed. If the acceptance is subject to reservations or changes in relation to the quotation, the agreement will only be concluded if Cre8design GmbH, hereinafter referred to as Cre8design, has informed the other party in writing to agree to these deviations from the quotation. Each delivery constitutes a stand-alone transaction; any failure to deliver shall not affect the agreement with respect to other deliveries.
1.2 The other party is entitled to cancel an agreement before Cre8design has started with the execution of the agreement, provided that it compensates the damage suffered by the supplier as a result. This damage will include the losses and loss of profit suffered by Cre8design and in any case the costs that Cre8design has already incurred in preparation, including those of reserved production capacity, purchased materials, services invoked and storage.
2. Quality and description.
2.1. Cre8design, delivers the goods according to description, quality and quantity as further described in the quotation.
2.2. The other party is obliged to carefully examine the typesetting, printing or other proofs received from Cre8design, whether or not at its request, for errors and defects and to return these corrected or approved to Cre8design with all due speed.
2.3 Approval of the proofs by the other party is an acknowledgement that Cre8design has carried out the activities prior to the proofs correctly.
2.4 Cre8design is not liable for deviations, errors and defects that have remained unnoticed in proofs approved or corrected by the other party.
2.5 Each trial produced at the request of the other party shall be charged in addition to the agreed price, unless it has been expressly agreed that the costs of these trials are included in the price.
2.6 Deviations in the materials and semi-finished products used by Cre8design that are permitted under the general terms and conditions of sale relating to the delivery of these materials and semi-finished products will be considered deviations of minor importance. The relevant terms and conditions are available for inspection at the supplier's office. Cre8design will send the other party a copy of these terms and conditions at its request and free of charge.
2.7 Deviations between, on the one hand, the work supplied and, on the other hand, the original design, drawing, copy or model or the printing, printing or other proof cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation, if they are of minor importance.
2.8 By giving an order to reproduce or reproduce objects protected by the Copyright Act or any right of ownership, the other party declares that no infringement of the copyright of third parties is made and indemnifies the Cre8design in and out of court against all consequences, both financial and other, arising from the reproduction or reproduction. Also in the event that financial obligations towards the author or his successors in title arise from the reproduction or reproduction, these shall be for the account of the other party.
2.9 The originals are treated with care. No responsibility can be accepted for any damage that may occur during processing.
2.10 In all cases Cre8design may deviate a maximum of 10% from the agreed quantities, whereby the amount to be paid by the other party is adjusted accordingly.
2.11 The other party must assume that used substrates can be non fire-resistant in some cases. if fire-resistance is a requirement, then it is up to the other party to report this to Cre8design in advance. In that case, Cre8design will try to find an alternative that is certified as fire-resistant.
3 Materials and products delivered by the other party
3.1 If the other party has agreed with Cre8design that the other party will deliver materials or products for printing or processing, it must ensure this delivery in a way that is to be considered timely and sound for the benefit of normal planned production. The other party will ask Cre8design for instructions to this effect.
3.2 In addition to the material required for the agreed performance or the products required for that performance, the other party shall also be obliged to provide a reasonable quantity for the processing in question for proofs, delivery in instalments, etc.