General terms and conditions

General Terms and Conditions (GTC)

1. Scope of Application
   (1) These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
   (2) They apply to all contracts between Freudenberg Industrie Siebdruck GmbH (hereinafter referred to as “Contractor”) and the customer (hereinafter referred to as “Client”).
   (3) Conflicting or deviating terms of the Client shall not be recognized unless expressly agreed in text form.

2. Conclusion of Contract
   (1) All offers are non-binding and subject to change.
   (2) A contract is only concluded upon written confirmation or execution of the order.
   (3) Specifications regarding services, dimensions, colors, or properties are only binding if expressly confirmed.

3. Prices
   (1) All prices are net prices plus applicable VAT.
   (2) Prices are ex works and exclude packaging, shipping, and additional costs unless otherwise agreed.
   (3) In the event of cost increases (materials, energy, labor), we reserve the right to adjust prices accordingly.

4. Delivery and Delivery Time
   (1) Delivery times are non-binding unless explicitly confirmed.
   (2) Delivery periods begin only after full clarification of all technical details and receipt of all required materials.
   (3) Delays caused by approvals, changes, or missing cooperation by the Client shall extend delivery times accordingly.
   (4) Force majeure or unforeseen events (including raw material shortages, machine breakdowns, strikes, official measures) entitle us to postpone delivery or withdraw from the contract.

5. Shipping and Transfer of Risk
   (1) Shipping is carried out at the Client’s expense and risk.
   (2) Risk transfers to the Client upon handover to the carrier.
   (3) Transport insurance is only provided upon explicit request.

6. Payment
   (1) Invoices are payable immediately without deduction unless otherwise agreed.
   (2) In case of late payment, statutory default interest will be charged.
   (3) In case of default, we may require advance payment or withdraw from the contract.
   (4) Set-off is only permitted with undisputed or legally established claims.

7. Retention of Title
   (1) Delivered goods remain our property until full payment of all claims.
   (2) The Client may resell or process the goods in the ordinary course of business.
   (3) Claims arising from resale are hereby assigned to us.

8. Obligations and Responsibility of the Client
   (1) The Client shall provide all data, templates, and materials in complete and print-ready form.
   (2) No verification of data by the Contractor shall take place.
   (3) The Client is solely responsible for compliance with copyright, trademark, and other rights.
   (4) The Client shall indemnify us against all third-party claims.

9. Printing Execution and Technical Deviations
   (1) Minor deviations in color, print image, positioning, or material are permissible if technically or industry-related.
   (2) Over- or under-deliveries of up to ±10% shall be deemed compliant.
   (3) A material overuse of up to 10% is permissible.
   (4) No liability is assumed for materials provided by the Client regarding suitability, printability, adhesion, or durability.
   (5) No warranty is given for durability where influenced by external factors such as UV exposure, weather, chemicals, or mechanical stress.
   (6) By approving proofs or samples, the Client assumes responsibility for correctness.

10. Warranty
    (1) The warranty period is 12 months from transfer of risk.
    (2) The Client must inspect the goods immediately upon receipt.
    (3) Obvious defects must be reported in writing within 7 days.
    (4) In case of justified defects, we may choose between repair or replacement.
    (5) Further claims are excluded except as provided in Clause 11.

11. Liability
    (1) We are fully liable for intent, gross negligence, and damages resulting from injury to life, body, or health.
    (2) In cases of slight negligence, we are only liable for breaches of essential contractual obligations, limited to foreseeable, typical damages.
    (3) Liability for indirect damages is excluded, including but not limited to loss of profit, production downtime, business interruption, or consequential damages.
    (4) No liability is assumed for damages resulting from further processing or use of the delivered goods.
    (5) No liability is assumed for damages occurring due to long-term use or external influences.
    (6) Liability under the Product Liability Act remains unaffected.

12. Withdrawal
    (1) If the Client fails to meet obligations, we may withdraw from the contract after setting a reasonable deadline.
    (2) In such cases, we may claim 20% of the order value as damages.

13. Intellectual Property and Data
    (1) Designs, drafts, and production data remain our property.
    (2) Any reuse requires our prior consent.

14. Data Storage
    (1) Data storage only takes place upon separate agreement.
    (2) Data may be deleted after 24 months without further notice.

15. Jurisdiction and Applicable Law
    (1) German law shall apply exclusively.
    (2) Place of jurisdiction is Dresden, where legally permissible.

16. Final Provisions
    (1) Amendments must be made in text form.
    (2) Should any provision be invalid, the remaining provisions remain unaffected.