General conditions of sale of the company Labelmonster GmbH & Co. KG. (as of 2018-11)
§1. GENERAL (1) These General Terms and Conditions apply exclusively to the purchase contract. Other conditions do not become part of the contract, even if we have not expressly objected to them. These terms and conditions also apply if we carry out our deliveries or services to the buyer without knowledge of conflicting or deviating terms and conditions. (2) These General Terms and Conditions only apply to entrepreneurs, companies, legal entities under public law and special funds under public law. (3) The buyer is only entitled to set-off rights and rights of retention if the counterclaim is undisputed in terms of reason and amount or has been legally established. (4) Our signing representatives are only authorized to make written commitments. Verbal agreements must therefore be confirmed in writing in order to be valid. (5) The place of performance for all deliveries and services of the parties is our place of business. (6) The law of the Federal Republic of Germany applies. The application of the UN Sales Convention (CISG) is excluded. (7) The courts at our place of business have exclusive jurisdiction for all disputes arising from or in connection with this contract. This also applies to claims from tort. However, we are entitled to appeal to the courts at the buyer's general place of jurisdiction. (8) Should single provisions of the contract be ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.
§2 OFFER/ORDER (1) Our offers are non-binding unless otherwise stated in writing in the offers. (2) The buyer is bound to his order for a period of 2 weeks. This period begins on the day we receive the order. We are entitled to accept the order within these 2 weeks either by sending an order confirmation or by delivering the goods. (3) The scope of delivery is based on our written order confirmation, unless the ordered goods were delivered without an order confirmation.
§3 PRICES AND PAYMENT TERMS (1) Our prices are ex works plus the applicable statutory VAT. Shipping costs are not included in the price information unless otherwise agreed in writing. (2) In the case of contracts with an agreed delivery time of more than 4 months, we reserve the right to increase the list prices in accordance with cost increases that have occurred (in particular increases in material prices or personnel costs). We will provide evidence of these cost increases to the buyer upon request. (3) Our invoices are due for payment within 33 days of the invoice date (30 days payment target + 3 days postal delivery time). Deductions (rebates, cash discounts, etc.) may only be made if they have been expressly agreed in writing. (4) Even if the buyer makes a different repayment provision, we are entitled to offset the buyer's payments against his older debts. If costs and interest have already been incurred, we may first offset the payments against the costs, then against the interest and finally against the main claim.
§4 DELIVERY TIME (1) Delivery dates or delivery periods are only binding if we have previously confirmed them in writing. (2) In the event of a delay in delivery, the buyer can set us a reasonable grace period and withdraw from the contract after the deadline has expired without result. Claims for damages due to delay in delivery or non-performance are excluded in the case of slight negligence on the part of us or our vicarious agents.
§5 TRANSFER OF RISK, PACKAGING 1) Unless otherwise stated in the order confirmation, delivery “ex works” is agreed. The risk passes to the buyer when the goods are handed over to the buyer or to a haulage contractor commissioned by the buyer or by us. If the haulier does not receive any unloading instructions from the buyer upon delivery, he is entitled to unload the goods at a suitable place. (2) Transport and all other packaging will not be taken back, apart from pallets. (3) If the buyer so desires, we will secure the delivery with transport insurance. The resulting costs are borne by the buyer. Labelmonster GmbH & Co. KG – Grossenbaumer Allee 98 – D-47269 Duisburg Phone: +49 (0) 203 - 75 77 69 00 / Email: info@labelmonster.eu
§6 WARRANTY FOR DEFECTS (1) The buyer's rights in the event of material defects and defects of title are determined by the statutory provisions on the purchase contract (§§ 434 et seq. BGB). (2) § 377 HGB applies with the proviso that obvious defects must be reported within 2 weeks after delivery, non-obvious defects within 2 weeks after delivery and acknowledgment by the buyer. The notification must be in writing to be effective. (3) The buyer's rights become time-barred within 12 months, starting with the delivery of the goods.
§7 EXTENDED WARRANTY ON LIGHTHOUSE UK LTD DEVICES (CPM; CM; CJ-PRO) (1) Devices from the manufacturer Lighthouse UK Ltd., which are obtained from Labelmonster, have an extended Guarantee as follows: 24 months for CPM (excluding the printhead) and CM series 24 months for the CJ-Pro device and 6 months for its printhead (printhead) 6 months for CPM / CJ-Pro printhead/printhead (2) The warranty services for devices from the manufacturer Lighthouse UK Ltd., which are obtained from Labelmonster, are carried out without charging labor or parts costs. (3) This is a “bring-in guarantee” – the customer bears the cost of transporting the device. (4) Warranty services do not result in an extension or a new beginning of warranty and guarantee periods. (5) Warranty services are only provided when using original Labelmonster / Lighthouse UK Ltd. software and consumables. The burden of proof lies with the buyer. (6) Program updates are a non-binding service by Labelmonster / Lighthouse, which is generally only available to customers who use original Labelmonster / Lighthouse devices and consumables.
§8 TECHNICAL INSTRUCTION (1) Technical instruction: The duration of the instruction is limited to 3 hours. Additional expenses will be charged at the currently valid hourly rate of EUR 70.00 plus VAT.
§9 LIABILITY We have unlimited liability for damage caused intentionally or through gross negligence by us, our legal representatives or vicarious agents, as well as in cases in which liability is mandatory under the Product Liability Act for personal injury or property damage to privately used items. We are also liable without limitation for damage to life, limb and health for which we, our legal representatives or vicarious agents are responsible. In all other cases of negligence, we are only liable if essential contractual obligations are violated. In this case, the amount of damages is limited to what was reasonably foreseeable.
§10 RESERVATION OF TITLE (1) The delivered goods remain our property until the purchase price has been paid in full and all claims from the mutual business relationship have been settled in full. After a withdrawal on our part, the buyer is obliged to return the reserved goods to us. We are entitled to sell the goods and offset the proceeds from the sale against the buyer's liabilities. (2) The buyer is obliged to treat the goods with care. In particular, he must adequately insure the goods at his own expense against fire, water and theft. If maintenance and inspection work is required, the buyer must have this carried out in good time at his own expense. (3) The buyer is prohibited from pledging the reserved goods to third parties or assigning them as security. In the event of attachment or other impairment of our rights by third parties, the buyer must expressly point out the retention of title and notify us immediately and in writing. (4) The buyer may resell the goods in the ordinary course of business. However, he already now assigns to us, in the amount of the final invoice amount, all claims that accrue to him from the resale vis-à-vis his customers, regardless of whether the goods subject to retention of title were resold without or after processing. The buyer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim unless the buyer is in default of payment or insolvency proceedings have been filed against the buyer's assets. In these two cases, the buyer is obliged to individualize the claims assigned to us and to inform us of the name and address of the debtor and to provide all information required for collection. (5) Any processing or transformation of the goods by the buyer is always carried out for us. If the goods are processed with other items that do not belong to us, we acquire co-ownership of the new item. (6) The buyer also assigns to us as security the claims that arise from the connection of the goods to a property against a third party. (7) We undertake to release the securities granted to us at the request of the buyer to the extent that the realizable value of these securities exceeds the claims to be secured by more than 20%. We are responsible for selecting the securities to be released. Labelmonster GmbH & Co. KG – Grossenbaumer Allee 98 – D-47269 Duisburg Phone: +49 (0) 203 - 75 77 69 00 / Email: info@labelmonster.eu
