Appointments by arrangement

CREPE BOOKBINDINGI MARCO PFEIFFER

hereinafter referred to as KREPAP

TERMS OF SERVICE 

iSv terms of sale

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1.

General provisions

1.1

For the scope of the deliveries or services to be provided by KREPAP, the mutual written declarations as well as the following terms and conditions of the contractual partner or sales conditions that deviate from KREPAP's conditions are not recognized by KREPAP, unless KREPAP has expressly agreed to their validity.

1.2

Offers are made in writing or require written confirmation.

2.

Order placement / printing

2.1

Orders placed are only binding for KREPAP when the material to be bound has arrived or when the file has been transmitted.

2.2

The print order is binding with the transmission or handover of PDF files on a storage medium. The printing prices are calculated according to the page count. The printer automatically detects color components and counts them accordingly as a color page. KREPAP has no influence on color recognition. If you are unsure, KREPAP will be happy to make a test print. Landscape formats as duplex printing (both sides) must be transmitted in a separate file! KREPAP prints one-sided without instructions from the customer.

2.3

Insofar as additional costs arise as a result of order changes, extensions and additions, these are to be paid without a written agreement to the conditions of the calculation or calculation on which the order is based. to be paid according to the valid price list.

3. 

Prices and terms of payment

3.1

The day of delivery for contractual partners is decisive for invoicing. The invoice must be paid within 5 days of the invoice date without deduction. All products remain the property of KREPAP Buchbinderei until the relevant invoice has been paid in full.

3.2

In the event of default in payment, default interest of 8% pa above the base rate is to be paid.

3.3

The contractual partner can only offset claims that are undisputed or have been legally established.

3.4

The prices of the currently published price list apply

3.5

Student discount of 20% is only taken into account if a university membership (student ID) can be proven at the time of placing the order. The minimum order quantity is 2 copies. 

3.6

A surcharge of 20% is charged for work on Sundays and public holidays.

3.7

Invoicing takes place without showing the sales tax according to §19 UStG 

As a small business owner within the meaning of Section 19 (1) UStG, no sales tax is charged.

3.8

Book dispatch takes place only after payment.

3.9

For the pick-up and delivery service within the city area of Karlsruhe 5 EUR per trip are charged, for customers outside the city area are charged per km from Karlsruhe center

(Pyramid) 1 EUR charged. If no order arises after a consultation at the customer's home, the travel costs must still be paid.

4th

Manufacturing deadline and delivery

4.1

Compliance with the manufacturing deadlines assumes that all print sheet parts and the material to be provided for the final equipment are delivered to KREPAP on time, ie at the contractually agreed or agreed time. Events of force majeure, operational disruptions and delivery delays on the part of the supplier releases KREPAP from the commitment to deadlines. In these cases, regardless of the legal reason, no claims for damages can be made.

4.2

If KREPAP is culpably in default with the delivery, the contractual partner can - provided that he can plausibly demonstrate that he has suffered damage as a result - a compensation of 0.5% for each completed week of the delay, up to a maximum of 5% of the price for the Demand part of the delivery that does not correspond to the proper performance of the contract due to the delay.

4.3

Both claims for damages by the contractual partner due to delay in delivery and claims for damages instead of performance that go beyond the claims in the aforementioned paragraph are excluded in all cases, even after a deadline for delivery set by KREPAP has expired. This does not apply in cases of willful intent, gross negligence or due to injury to life, limb or body

Health is mandatory. The contractual partner can only withdraw from the contract within the framework of the statutory provisions if KREPAP is responsible for the delay in delivery. A change in the burden of proof to the detriment of the contractual partner is not associated with the above provisions.

4.4

KREPAP is entitled to make partial deliveries if these are reasonable for the contractual partner.

5.

Material delivery and subsidy

5.1

The materials provided to KREPAP for processing must contain a processing allowance. KREPAP notifies this processing allowance with the order confirmation. KREPAP is not obliged to check the condition, quality and quantity of the delivered materials, as well as the order of the customer material. The material is processed as it was handed over. The client is solely responsible for the content. Waste and leftover raw materials of all kinds become the property of KREPAP.

6th

Transfer of risk

6.1

In principle, dispatch takes place at the risk of the contractual partner, even if carriage paid delivery has been agreed.

6.2

At the request and expense of the contractual partner, deliveries by KREPAP can be insured against the usual transport risks.

7th

Material defects / guarantee

7.1

All those services that show a material defect, the cause of which was already present at the time of the transfer of risk, can be repaired, re-delivered or re-performed free of charge at the option of the supplier (KREPAP). External defects such as glue, dust, grease, or pressure marks, as well as fingerprints must be reported immediately upon receipt. Later complaints cannot be considered.

7.2

Claims for material defects become statute-barred after 12 months, calculated from the transfer of risk. This does not apply if the law stipulates longer periods in accordance with Sections 438 I 2, 479 I, 634 a I 2 BGB, as well as in cases of injury to life, limb or health in the event of an intentional or grossly negligent breach of duty by the supplier and for malicious concealment of a defect.

7.3

The legal regulations on suspension, suspension and restart of the deadlines remain unaffected.

7.4

KREPAP must first be given the opportunity to provide supplementary performance within a reasonable period of time. If the supplementary performance fails, the contractual partner can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.

7.5   

The contractual partner may not refuse to accept deliveries due to minor defects.

7.6

Claims for defects do not exist in the case of insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage that arises after the transfer of risk as a result of incorrect or negligent treatment, excessive use or due to special influences that are not assumed in the contract .

7.7

Claims of the contractual partner due to the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the object of the delivery was subsequently moved to a location other than the branch of the contractual partner has been.

7.8

The contractual partner's rights of recourse against KREPAP in accordance with Section 478 of the German Civil Code exist only insofar as the contractual partner has not made any agreements with his contractor that go beyond the statutory claims for defects. For the scope of the contractual partner's right of recourse against KREPAP in accordance with § 478 II BGB, what has been stated under the aforementioned paragraph also applies. For the rest, the following number 8 applies to claims for damages. Further or other claims of the contractual partner against KREPAP due to a material defect are excluded.

7.9

The contractual partner must immediately notify KREPAP in writing of any material defects within the meaning of Section HGB.

7.10

KREPAP grants a durability guarantee for the adhesive binding of 10 years from the invoice date on all hard covers. In the event that individual pages should come off, KREPAP will take care of the repair free of charge. Any shipping costs are borne by the customer.

8th.

Claims for damages

8.1

Claims for damages and reimbursement of expenses by the contractual partner - for whatever legal reason - in particular due to breach and obligations arising from the contractual relationship and from tort are excluded. This does not apply if there is mandatory liability, e.g. according to the Product Liability Act in cases of intent, gross negligence and injury to life, limb or health due to the violation of essential contractual obligations. The claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability is due to injury to life, limb or health. A change in the burden of proof to the detriment of the contractual partner is not associated with the above provision. If the contractual partner is entitled to claims for damages under this provision, these shall become statute-barred upon expiry of the limitation period applicable to claims for material defects. The statutory limitation periods apply to claims for damages under the Product Liability Act.

9.

Storage of customer property

9.1

The storage of the materials handed over to KREPAP by the contractual partner as well as the finished products manufactured by KREPAP is at the risk and expense of the contractual partner. If these items are insured, the contractual partner or owner must obtain this insurance at their own expense.

9.2

The usual shipping packaging made of paper or cardboard is included in KREPAP's cover price, it will not be taken back.

9.3

For work that has not been collected, KREPAP reserves the right to charge a fee of EUR 0.25 per day from the 30th day of storage.

10.

Place of jurisdiction and applicable law

10.1

If the contractual partner is a merchant, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the Karlsruhe District Court. KREPAP is also entitled to sue at the registered office of the contract partner.

10.2

For the legal relationships in connection with this contract, German substantive law applies to the exclusion of the UN Sales Convention and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11th

Severability clause

11.1

This contract remains binding in its remaining parts even if individual provisions are legally ineffective. This does not apply if adherence to the contract would represent unreasonable hardship for one of the parties.