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General Terms and Conditions
General Terms and Conditions of Flyerline Schweiz GmbHScope
These General Terms and Conditions (henceforth referred to as "GTCs") shall be applicable for all offers, order confirmations, deliveries, invoices and other services of Flyerline Schweiz GmbH, in as far as no other written agreements have been reached or other provisions imposed by regulatory laws. The issuing of a purchase order shall imply the acceptance of these GTCs by the customer. The customer thereby waives the authority of his/her own Terms and Conditions.
Quotations
In the absence of other specifications, price calculations of quotations shall be based on complete documents and data suitable for calculation purposes, as well as on binding, unmistakable specifications of content, status and dimensions. Quotations made on the basis of imprecise documents or documents that are not yet available shall be considered to be recommended price offers. A quotation shall be deemed definitive upon the awarding of a contract. For unlimited quotations the price fixing expires after 60 days.
Contracts
In principle, contracts shall only then be binding if confirmed in writing by Flyerline Schweiz GmbH. A written confirmation per e-mail by the contractor shall be sufficient for this purpose. A contract shall be considered to be awarded when an order is received. Agreed prices that differ from the valid price list shall only be valid when the differences have been confirmed in writing by the contractor (confirmation of order). For orders on the account of third parties, the purchaser is and remains the contracting party and therefore the debtor until complete payment has been made for the service. This applies for any arrears expenses (interest, debt collection costs).
Fulfilment of contract
The contractor shall fulfil the contracts, in as far as there are no other written agreements, on the basis of the print data provided by the client. The print data / documents shall be delivered in accordance with the specifications and data format of the contractor. Should the client deliver print data/ documents in a format other than that specified by the contractor, the contractor will be unable to guarantee an error-free fulfilment of the contract.
Prices
The current price list shall be valid for all products, unless another price has been explicitly confirmed in writing by the contractor. All prices are, unless agreed otherwise, net prices excluding VAT and shipping costs. Packaging material in the usual quantities is included in the prices, unless the client is directed otherwise. Prices shall be subject to possible material price or wage increases that could result before fulfilment of the contract.
Terms of payment
The method of payment may be determined by the customer, either by prepayment, COD, or credit card. All costs in connection with the payment method shall be borne by the customer. The contractor shall not be liable for any misuse of the credit card. If payment by invoice has been agreed upon, the invoiced amount shall be due within 10 days of the receipt of the invoice without discount. In principle, a reasonable prepayment may be demanded for all contracts. Should the client be in arrears, interest shall be charged at a rate of 5%. Any expenses for reminders or debt collection shall also be borne by the client. Should a COD delivery be rejected by the recipient or not be delivered or supplied due to reasons that are not the fault of the contractor, any expenses incurred by the contractor shall be borne by the client. The ordered merchandise shall be invoiced irrespective thereof and the amount shall be due immediately. The contractor reserves the right to alter the terms of payment, even during ongoing production or during the fulfilment of contracts, for example, in the case that the client's financial circumstances deteriorate significantly. At the same time, the contractor reserves the right to stop the deliveries or halt production in such a case.
Reservation of proprietary rights
All merchandise and products supplied by the contractor shall remain the property of Flyerline Schweiz GmbH until payment in full is made.
Terms of delivery
Fixed guaranteed terms of delivery shall be valid only if these have been confirmed in writing by the contractor and the required documents (image and text submissions, data, press proof, etc.) have been received by the contractor by the time agreed upon. The guaranteed delivery dates shall also be only valid upon payment in due time (prepayment). The delivery dates confirmed at the order acceptance are only approximate time indications. Should the supplied print data exhibit deficiencies after the confirmation of a delivery date, the contractor shall no longer be bound by the delivery term. The same applies to print approval delayed by the client. Should Flyerline Schweiz GmbH not be able to deliver on time due, for example, to work stoppage, strike, force majeure, war, lack of energy or materials, delays or breaches of contract by third parties (i.e. subcontractors or suppliers), as well as in all events force majeure, these do not entitle the client to withdraw from the contract/order, an/or to claim any compensation from Flyerline Schweiz GmbH. The contractor shall be liable for any default in delivery that is clearly and verifiably caused by the contractor, to a maximum of the value of the merchandise, and only if the delivery date has been confirmed in writing by the contractor.
Default of delivery
Should the client decline the merchandise upon notification of completion and after an established reasonable period of time, the contractor shall be entitled to invoice the client for the merchandise, any storage costs (including those of third parties), and any disposal costs.
Drafts and blueprints
Drafts, blueprints, design proposals, originals and photographic works shall be invoiced, even if a corresponding print contract is not awarded.
Intellectual property rights
The contractor shall reserve all rights (copyright) for creative work generated in the contract, in particular the creation of graphic designs, layouts, images and text-marks, etc. The client's fee remunerates only the service itself, not, however, the rights to intellectual property, and not the right to further duplication. The contractor can transfer the copyright to the client for a fee that has been agreed upon in writing, and it shall be deemed to have been transferred to the client only upon complete payment thereof.
Duplication rights
The duplication and printing of all print material, images and standard texts, logos, prototypes and similar materials made available to the contractor by the client shall be carried out under the condition and assumption that the client possesses the corresponding duplication rights. This shall also apply to archive data and their reuse.
Duplication documents, tools
The work documents prepared by the contractor (films, data, batches, montages, printing plates, etc.) and tools (stamping die moulds, etc.) shall remain the property of the contractor.
Advertising
The contractor reserves the right to send specimen copies as quality samples to third parties or to use these for its own promotion purposes, without the explicit agreement of the customer.
Additional work and expense
Additional work and expense caused by the client or the client's agent within the scope of the quotation (such as the correction or processing of templates and manuscripts, additional processing of data media or text/image data as well as inferior documents, missing or poorly-reproducible documents) shall result in additional charges.
Author's correction/additions
Author's corrections (subsequent text modifications, image adjustments, changes in make-up, and similar changes) are not included in the price quotation and shall be invoiced to the client if necessary.
Industry standard tolerances
Industry standard variations in the execution and material, including cutting accuracy, similarity of the reproductions to the original, tonal value and quality of print substrate (paper, cardboard, etc.) shall be reserved. In so far as tolerances are imposed on the contractor by suppliers, these shall also apply to the client.
Over or short delivery
Over or short deliveries of up to 10% of the ordered quantity – for special production of the material, up to 20% - cannot be rejected unless otherwise agreed. The actual volume delivered shall be invoiced.
Material supplied by the client
Material supplied by the client shall be delivered to the contractor free of charge. The client shall be liable for all damages that could be the result of the possible inappropriateness of the material (quality and quantity). The storage of material shall also be at the expense and risk of the customer.
Delivery
The delivery shall take place at the client's risk from 8595 Altnau/TG and shall be effected to the delivery address provided by the client and at the client's expense. Any varying delivery address agreed upon at a later date must be explicitly confirmed in writing by the contractor. Should the merchandise be visibly damaged as a result of the delivery by post, shipping, courier, etc., it may only be accepted if these damages are recorded in writing by the transport company on the premises. Recording of damages at a later point in time shall not be taken into consideration.
Notification of defects, returns
The client shall carefully examine the delivered merchandise upon receipt. Possible claims with regard to quality and quantity shall be registered in writing at the latest within 10 days upon receipt. The contractor shall not be liable for defects registered later than this period. For justifiable claims, which are clearly and without doubt the responsibility of the contractor, the contractor shall be obligated to provide appropriate rectification of the defects or adequate replacement within a reasonable time period. The client accords the contractor this right upon the awarding of a contract.
Further damage claims may not be asserted. Returns to the contractor that are not carriage-paid shall be rejected. Returns may only be made with the written agreement of the contractor. Only the costs for the most economical dispatch route shall be reimbursed for an agreed return. Slight variations in colour reproductions are possible in all manufacturing procedures and are not a cause for complaint on the part of the client.
Limitation of liability
Manuscripts, data media, lithographic prints, originals, photographs etc, as well as supporting printed material or other objects introduced that have been supplied to the contractor shall be handled with due care. Any further risk or cost of insurance must be borne by the client without any special written agreement. Liability towards the end consumer beyond the contract value for possible further claims asserted due to direct or indirect damages resulting from shortages, delays, or misunderstandings are explicitly excluded, with the exception of the mandatory provisions of the product liability law of 1/1/1994. The contractor shall be liable for damages due to delays or breach of integral contract obligations only in as far as these damages are predictable. Furthermore, the contractor shall not be held liable should the client or third parties undertake changes to the delivered merchandise.
Regarding electronic data and data transfer
The contractor assumes no responsibility for data delivered by the customer (via data media or Internet) that is defective as regards content, is qualitatively inadequate, or incomplete. Furthermore, no liability shall be assumed for delivered data that cannot be processed or used in the standard processes, thus resulting in qualitative deficiencies in the printed product. The contractor shall assume no liability for data loss of the delivered data and data to be further processed. The contractor's liability shall be limited to errors caused by the contractor.
Data storage
The print data shall be stored for one year after delivery of the merchandise. Data media supplied by the customer shall not be returned, unless otherwise agreed upon. The risks involved in producing an error-free preparation at a later date, especially due to changing processing technologies, shall be borne by the client.
Storage of work documents
There shall be no obligation to store work documents (data, negatives, colour abstracts, photo lithographs, sample films, batches, copies, and tools) unless otherwise agreed in writing.
Proof and test documents (Printing proof)
The client shall be obligated to check the proof and test documents submitted to him (press proofs, proofs, plots, copies, data, etc.) for errors before the final completion of the contract, and to return them within the agreed time period with instructions for any necessary corrections. The contractor shall not be liable for errors overlooked by the client.
Place of performance and jurisdiction
The place of performance for both parties shall be 8595 Altnau/TG. The lawful courts of the printing locations shall be responsible for the settlement of disagreements in as far as no other arrangement has been made. This agreement shall be governed by Swiss law.
Severability clause
Should one or more of the above-named provisions become entirely or partially invalid, all other provisions shall remain unaffected. The ineffective provision(s) shall be replaced by lawful regulations.
As at: September 2010
