Terms and Conditions

General terms and conditions of the company G.A.T. Graphic Arts Trading GmbH Rönneburger Kirchweg 6 , D- 21079 Hamburg

1. Protection Clause

1.1. The following delivery and payment conditions apply exclusively to all present and future business ; they are recognized by the award of the contract or acceptance of delivery .

1.2. Differing, conflicting or additional terms Geschäftsbedingun¬gen be , even if known , not part of the contract unless their validity is expressly agreed.

2. Offer

2.1. All offers are subject to acceptance and the intermediate sale is reserved. Gives way to the customer's order from the estimate of the company GAT Graphic Arts Trading GmbH from, the contract takes effect only upon confirmation by the company GAT Graphic Arts Trading GmbH concluded.

2.2. Technical changes and changes in shape, color and / or weight are reserved within reason. Pictures and descriptions are approximate to the properties of the company GAT Graphic Arts Trading GmbH delivered goods.

2.3. The customer makes a binding ordering the goods to want erwer¬ben the ordered goods. The company G.A.T. Graphic Arts Trading GmbH is entitled anzu¬nehmen the contract offer in the order within two weeks of receipt. The assumption can be made in writing or by delivering the goods to the customer either.

2.4. Promises, representations, oral agreements by employees of GAT Graphic Arts Trading GmbH in connection with the contract will only be confirmed in writing by the company GAT Graphic Arts Trading GmbH authentic.

3. Implementation, scope and location of delivery, delivery deadlines

3.1. The obligation to deliver the company G.A.T. Graphic Arts Trading GmbH is in principle subject to the condition that it was itself supplied correctly and on time, unless the company GAT Graphic Arts Trading GmbH is the incorrect or delayed supply culpably caused by you.

3.2. Information on delivery times are only approximate, unless the company GAT Graphic Arts Trading GmbH guarantees in writing to a delivery time.

3.3. The delivery period begins with the receipt of the agreed deposit according to the order confirmation and is part of the company GAT Observed Graphic Arts Trading GmbH, if by the end of the delivery period the goods leave the warehouse or at the forwarding option, ready for shipment of the goods is reported.

3.4. Is produced by the company G.A.T. Graphic Arts Trading GmbH amount owed delayed by unforeseen unavoidable events, force majeure, equipment failure, power supply difficulties, strikes, lockouts, Excusable one of its suppliers and extraordinary weather conditions, the delivery period shall be extended by the period of delay. This is also true within the delivery delay. The company G.A.T. Graphic Arts Trading GmbH must show that such obstacles immediately to the customer.

3.5. Unless otherwise agreed in writing, the goods will be installed by trained personnel of the Supplier against payment and a test run performed (with water). Required installations are to be paid by the customer or his customers.

4. Prices

4.1. For orders without explicit fixed price agreement at the list price valid on the day of delivery ( current prices ) shall apply.

4.2 . All of conclusion ( date of order confirmation ) occurring changes in the agreed currency or the exchange rate at EURO shall be borne by the customer.

4.3. If delivery as agreed later than two months after the conclusion of the contract , the company GAT Graphic Arts Trading GmbH is entitled to increase the prices reasonable, if their production costs , especially labor and material costs , increased overall by at least 10 percent .

4.4. Unless otherwise agreed, or information in invoices issued by GAT Graphic Arts Trading GmbH is due to the purchase price immediately after delivery without discount .

5. Payment

5.1. The customer agrees to pay the purchase price within 10 days of receipt of goods. After this period, the customer is in arrears. The customer has to pay interest during the delay on the debt in the amount of 5% above the base lending rate of the European Central Bank, unless higher interest rates have been agreed.

5.2. As far as the goods have not been confirmed removed within 6 calendar weeks after the confirmed delivery date, the company GAT Graphic Arts Trading GmbH entitled to sell the goods elsewhere and at the same zurückzutre¬ten the contract, whether the goods have been paid and it is payment made at a reasonable level. 5.3. Bill payments are allowed only by special agreement. Drafts and checks are only as payment, but not accepted as payment. Switching costs and change control shall be borne by the customer.

5.4. Where, after conclusion of the contract that the credit situation of the buyer are not suitable for the granting of loans and credit terms, is the company GAT Graphic Arts Trading GmbH is entitled to claim at its option, advance payment or security for due and not due claims from all contracts and withhold performance until payment or security. Advance payment or security successes within the deadline, the company GAT Graphic Arts Trading GmbH withdraw from the contract or claim damages for non-performance.

5.5. Offsetting with other undisputed or legally valid claims are excluded. The customer may only carry on if his claim is based on the same contractual relationship.

6. Passing and transport insurance

6.1. The risk of accidental loss and accidental deterioration of the transfer , on sale to the delivery of the carrier, the freight forwarder or other specified to execute the dispatch person or institution , but no later than leave the warehouse or factory to the customer about . The handover is the same, if the customer is in default of acceptance.

6.2 . The company G.A.T. Graphic Arts Trading GmbH determines the path of dispatch and the means and the shipper and carrier. Special shipping instructions must be agreed upon when ordering.

6.3. At the customer's request is completed at his own expense a marine insurance market conditions , unless the supplier has not already completed a transport insurance.

7. Warranty

7.1. Obvious defects of the goods must be reported immediately within no more than seven days immediately, after receipt of the goods, otherwise the raising of warranty claims is excluded. At the time limit is sufficient to send. Defects that can not be detected by a thorough examination within the time limit are notify immediately with the immediate cessation of the treatment and processing of their discovery and after receipt of the goods, otherwise the assertion of warranty claims is barred.

7.2. The company G.A.T. Graphic Arts Trading GmbH warrants defects in the goods at their option by repair or replacement (replacement). If the remedy fails, the customer reduce of the purchase price (reduction) or cancellation of the contract may require (withdrawal), at his discretion. In a minor breach of contract, the customer has no right of rescission.

7.3. The customer has the company G.A.T. Graphic Arts Trading GmbH immediately provide the opportunity to convince themselves of the defect and / or provide the customer the product or a sample is not immediately available, all under rights of the customer of his warranty.

7.4. Liability for defects is out of the question for used and refurbished equipment, unless otherwise agreed.

7.5. Unauthorized repairs and customer intervention in the event of defects are not permitted. Improper treatment contrary to the client passed technical manual (CD), particularly non-compliance with maintenance intervals, use of products in rooms with high humidity and / or dust with high temperature and electricity fluctuations liability for defects is excluded.

7.6. The warranty period for new equipment is one year from date of delivery to the customer. uneffected remains G.A.T. the liability of the company Graphic Arts Trading GmbH from deliberate and grossly negligent dereliction of duty. In the case of subsequent performance the period of limitation not begin to run again.

8. Retention of title
8.1. The company G.A.T. Graphic Arts Trading GmbH retains title to all goods delivered until full payment of all of the business relationship with the customer before any monies owed. When an account is entire retained serves to maintain the balance due. If the value of the claims against the customer by more than 20% so far this explains the release of the securities at his discretion.
8.2. The customer may not pledge or assign a retention of title by way of security to third parties. The garnishment, seizure or other dispositions of third parties on the reserved goods, the customer immediately in writing.

8.3. The customer is only authorized as part of good management to the reserved goods to third parties if he reserves to the third party ownership of the reserved goods until full payment of purchase price. In this case the customer already now he is entitled to from the sale against his customer receivables in the amount of the invoice value of the reserved goods as well as the respective claim for restitution to the company accepting this assignment GAT Graphic Arts Trading as the assignment hereby accepts. The customer agrees in writing at any time to provide information about the supply of the goods supplied by it.
8.4. The authorization to resell the reserved goods by the customer accounts with the request to open insolvency proceedings over its capital the latest with the arrangement of safeguards concerning his assets by the insolvency court (appointment of a provisional lnsolvenzverwalters). In the case of an application for opening of insolvency proceedings, or where the arrangement of Safeguards by the insolvency court every legal and actual disposal of the goods subject to reservation prior written permission of GAT needs Graphic Arts Trading GmbH.

8.5. If the request to open insolvency proceedings over the assets of the customer or a provisional insolvency administrator is appointed over the assets of the customer, to feel obliged this to the firm GAT Graphic Arts Trading GmbH right now to disclose his him third parties existing claims. The Customer agrees to notify the assignment.
8.6. If the request to open insolvency proceedings against the assets of the customer or ordered a preliminary insolvency administrator or the insolvency proceedings opened against the assets of the customer, the company GAT Graphic Arts Trading GmbH is entitled regardless of the conditions of § 455 BGB to cancel the contract.
8.7. If the goods supplied to the customer such matters connected with he owns land or other tangible goods that they are integral components part of a uniform thing or they are mixed with other tangible things mixed and incorporated as the customer already accruing to him from the sale of the property or thing claims in the amount of the invoice value of the reserved goods with all ancillary rights to the company GAT Graphic Arts Trading from which hereby accepts the assignment.

8.8. If the goods supplied to the customer goods by the company GAT Graphic Arts Trading GmbH such extent behalf of the customer having a property of a third party standing property or other tangible goods that they are essential components a single object or they are mixed with other movable property, blended and incorporated as the customer hereby him against the third party or whom it may concern, such as claims arising on payment in the amount of the invoice value of the reserved goods with all ancillary rights to the company GAT Graphic Arts Trading GmbH from which hereby accepts the assignment. The customer has the company G.A.T. To put Graphic Arts Trading GmbH agreed with his customers transferability do advance in knowledge.