Terms and Conditions of Media Impression GmbH and Media Impression PM GmbH
valid from 01.10.2021

1. Scope and Effectiveness of Terms

1.1 All negotiations, agreements, deals and contracts concluded subject to our Terms and Conditions (GTC). Any agreements that deviate from our terms and conditions will not be recognized by, unless we have expressly agreed in writing. Our terms and conditions apply even if we are aware of conflicts or deviations from our terms and conditions regarding delivery to customers without reservation. Our sales conditions also apply to all future business with the customer, even if they are not expressly agreed again. Counter-confirmations by the buyer and the reference to his own terms and conditions are hereby rejected. With the placing of an order the customer accepts these terms and conditions without reservation.

1.2 If any provisions of these terms and conditions or other contract terms become wholly or partially invalid, such shall not affect the validity of the remaining provisions. Any invalid provisions and what outcomes made invalid accordingly will be limited to the extent legally permissible or as closely as possible.

2. Confirmation in Writing
Our offers are not binding. A contract is only binding if confirmed in writing. Collateral agreements and additions and amendments to the contract, including this clause are only effective if confirmed in writing.

3. Pricing

3.1 Our pricing does not include delivery transportation and/or VAT.

3.2 IIf, after the conclusion of the contract, as a result of a change in legal standards or market regulations, details such as import or export duties (including levies), taxes (including value added tax), customs duties or sales prices change due to import surcharges, raw material/energy surcharges or other duties affecting the price and our expenses for the performance of the contract change as a result, the contract price shall change to the corresponding extent. The same applies if the costs for the transport or insurance of the goods change.

3.3 If we deliver imported goods, which we intend to introduce duty-free or duty-favored within the framework of an import quota or ceiling, we will calculate the client’s customs duties that we have to pay in the event of exhaustion of the quota / ceilings up to the delivery day itself.

4. Payment

4.1 Unless otherwise agreed, the customer must pay the contractual price upon receipt of invoice net without deductions in cash or free of charge transfer.

4.2 Payment by the customer made against remittance of an invoice issued by us can only be made in the currency nominated.

4.3 If the purchaser is in default, we are entitled to demand from the relevant date interest calculated at 8% above the base rate on the entire amount as compensation. This can be set lower if the purchaser can prove a lesser charge; the proof of higher damages by the seller is permitted. In addition, we may at our discretion demand payment of the remaining purchase price and other charges against the customer existing receivables due and any further deliveries from this contract and other contracts of an advance guarantee or a payment to make good the debt; this also applies in the case that there is reasonable doubt as to the solvency or creditworthiness of the customer.

5. Transfer of Risk, Shipping, Freight and Packaging

5.1 Unless otherwise agreed in writing delivery is agreed “ex works”. We ship the goods solely on the account and at risk of the customer. The risk of accidental loss or deterioration of the goods, regardless if the delivery is free of charge, is the responsibility of the contracted delivery company from the time and place that they leave the distribution center on-route to the customer.

5.2 Shipping and all packaging will not be taken or accepted back. The buyer is obliged to arrange for disposal of the packaging at his own expense (Not including pallets).

6. Delivery and Returns

6.1 FAD and weight are just about to understand. We may vary from this rate by up to 10% up and/or down. We are also entitled to undertake partial delivery.

6.2 For the calculation of the purchase price determined including shipping of goods the weights and quantities actually delivered shall prevail, except where our client has previously demanded and we have agreed to a determination by an independent inspector at the customer’s own expense.

6.3 If the customer refuses delivery of the goods or he does not call forward the goods within agreed or reasonable periods, we are entitled to demand damages for non-performance of the contract.

7. Delivery Time and Disruption of Delivery

7.1 Fulfillment of your orders by us are subject to correct, complete and timely delivery.

7.2 The delivery time is, even with an agreed date or period, are estimates which may be exceeded, unless an agreed delivery time and date was expressly confirmed in writing beforehand.

7.3 The delivery period may be extended due to force majeure or other cause, however, we cannot be held responsible due to unforeseen circumstances and are therefore released from our obligation to deliver.

7.4 After you have allowed us a reasonable time to deliver your goods you have the right to withdraw from the agreement including claims for damages up to a maximum of 5% of the price of the product, unless where the delay is based on deliberate intent or gross negligence by us. For gross negligence, we shall not be liable for remote consequential damages, such as the failure or obstruction of production at the customer or the like.

8. Warranties

8.1 Information and data relating to the specification of the goods or a sample of the goods contains no guarantee of quality, but should be viewed only as an approximate indication of the average quality of the goods, unless we specify a particular quality of the goods in writing.

8.2 The warranty rights of the purchaser presuppose that this is his obligation under § 377 HGB inspection and complaint properly fulfilled. The customer has in the way of sample processing or in trial operation to check the goods as to whether these measures provided properly and the customer end, is suitable; if he fails this examination, we are not liable.

8.3 If a defect in the purchased goods, the buyer is entitled to demand a new defect-free replacement after his election performance in the form of repair or delivery. In the case of repair, we are obliged to bear all for the purpose of remedying the defect, in particular transport, travel, labor and material costs, insofar as these do not arise if the goods have been transported to a place other than the place of performance.
8.4 If the remedy fails, the customer is entitled to choose to demand withdrawal or reduction.
8.5 We are liable under the statutory provisions if the customer asserts claims for damages based on intent or gross negligence. If we are not blamed for intentional breach of contract, the liability for damages is limited to foreseeable, typically occurring damage.
8.6 If we culpably violate an essential contractual obligation, we are liable under the statutory provisions. In this case, however, liability for damages is limited to foreseeable, typically occurring damage.
8.7 Liability for culpable injury to life, limb or health remains unaffected. The same applies to the mandatory liability under the Product Liability Act.
8.8 Unless stipulated otherwise above, liability is excluded.
8.9 Claims for defects against the seller are entitled only to the direct purchaser and are not transferable.
8.10 The limitation period for warranty claims is 12 months from transfer of risk.

9. Joint and several liability
9.1 As far as the liability for damages towards us is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives, agents etc.