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general terms

General Terms and Conditions of K&S Werbeagentur Limited & Co. KG

1. General

1.1. These terms and conditions apply to all our deliveries and services.
1.2. By the written confirmation of the order, the client agrees in principle with these terms and conditions. Other conditions will only be accepted, if we have confirmed in writing. The mere omission of an objection shall not be construed as an acceptance.

2. Prices and payments

2.1. The prices shown do not include rush charge.
2.2. Our invoices are payable 14 days after receipt. Payment by check is done only after redemption.
2.3. Failure to comply with the agreed payment period will be charged from the due date with an interest rate of 8% and overdue fines of 12.50 EUR.
2.4. May set off against our claims for payment or to lien a claim is only possible, if the counterclaims of the customer are either undisputed or legally binding.
2.5. Cost of shipping (packing, shipping, postage, etc.) are reported separately.

3. Orders

3.1. Orders are only accepted, if they are confirmed in writing by us. The scope of delivery of the written order confirmation is also decisive.
3.2. We have the right to deviate from the mandated quantity of up to plus / minus 15% of the amount supplied. More supplies will be charged.
3.3. The review and approval of proofs, prints, drawings and designs of the contract releases us from any liability for errors not objected.
3.4. For erroneous, inconsistent, unclear and incomplete information submitted by the ordergiver no responsibility is accepted. Deadline extensions and any resulting additional expenses shall be borne by the client.

4. Copyrights

4.1. On concepts, manuscripts, cost estimates, drawings and other documents, we reserve the right for property and copyright exploitation rights. These documents may be disclosed to third parties only with our prior consent.
4.2. Specially drafts and layouts for designs that are made by us, we reserve the right for reproduction.
4.3. A Verification, that notices delivered to us, drafts or templates infringe upon existing copyright, trademark or court filed utility models, is not possible for us. A liability in this case excluded.
4.4. Unless otherwise agreed, advertising concepts and design proposals for the simple right of use.

5. Terms of delivery

5.1. The delivery of the ordered item is at the expense and risk of the client. All risk is transferred to the customer if the goods, movies, layouts, media, sketches, etc. leave our company or the company of a supplier who is contracted to fulfill the order.
5.2. Delivery periods commence after completion and receipt of all necessary documents, client information, review and approval by the client.
5.3. We strive to keep confirmed delivery dates.
5.4. If the production and delivery of commissioned services / goods becomes impossible or considerably more difficult for us, due to circumstances that we are not responsible, regardless of whether the circumstances have occurred in our operations or by the suppliers (for example due to force majeure or no proper delivery from our suppliers, etc.), we are exempt for the duration of the disability and its aftermath from the delivery time.

5.5. Delivery time overruns or late delivery shall not entitle the client only to rescind the contract if we were previously set fruitlessly a reasonable period to rectify the production.

6. Retention of title

6.1. All goods delivered remain until full settlement of our claims from all supplies, including any claims for damages to the client, our property. The goods may be resold or further processed only with our consent in the normal traffic.

7. Defects liability

7.1. The client has to announce any defects immediately, at latest within 14 days after receipt of the goods in writing, by telex or by telephone with immediate written confirmation. Irrelevant or minor defects in material, surface or color, which are due to the nature of production and do not affect the use of the delivered goods are not eligible for reclamation.
7.2. In case of in time or justified complaints we are free to reproduce the goods, provide replacement or grant in accordance with the depreciation of the product credit to the customer. Further claims by the client of any kind are strictly excluded. The client has no particular claim for rescission of the contract, price reduction or compensation for damages of any kind, including lost profits, which are directly attributable to the defects. As we have no influence on the further processing or usage of our commissioned goods or services, a liability for consequential damages is excluded in any case.
7.3. Complaints can not be accepted by us when obviously deficient goods are processed partially, or if a review of the defect on our part is not possible anymore.

8. Rescission

8.1. We have the right to cancel the contract in whole or in part, or to demand compensation for non-performance if the client is in default of acceptance and / or late payment, become insolvent or it is requested on his property a court settlement or bankruptcy proceedings.
8.2. In the case of rescission the Client has no claim for a compensation from us.

9. Place of jurisdiction

9.1. Place of jurisdiction is Bremen.
9.2. Jurisdiction for all of these contracts resulting or related disputes, is the official district or county court for Bremen.
9.3. For contracts with foreign contract partners only german law applies.

10. Severability Clause

If any part of these terms and conditions are or become ineffective, then thereby the validity of the remaining terms or the contract is not affected.

Terms and conditions for advertising jobs,
sale, delivery and payment

1. General

Our sales are subject to our conditions below. Terms and Conditions of our customers do not obligate us, even if we do not disagree. If our delivery is accepted, our conditions for sales, delivery and payment are subject as well.

2. Offers

Our offers are non-binding. Incoming orders are only binding until you get the written confirmation from us. This also applies to oral agreements and declarations of any kind. If there are reasons that can create a financial risk, we than may, without giving any reason, withdraw from the contract.

3. Prices

All prices subject to change in per piece at the factory or warehouse plus packaging, shipping costs, VAT and further taxes (customs).

4. Delivery

All Deliveries are made ex works or warehouse at the cheapest transportation for us. All deliveries are made on the account and risk of the purchaser. Excess or short deliveries are, for technical reasons, between 5% and 15%.

5. Notice of defect

Complaints must be made in writing within three days after receipt of goods. Faulty goods or wrong promotional labeling do not qualify for contract cancellation. Return of goods can be carried out only with our prior approval.

6. Retention of title

The delivered goods are until complete payment our property. If the goods previously sold, shall constitute the resulting receivable assigned to us. Follow the debts, then these must be remitted without deduction to us.

7. Payment

Failure to comply with on-time payment, we reserve the right to challenge the default interest and costs of bank loans in each of the usual amount charged. Cheques are passed under the usual reserve or credited. Payments are due without any deductions.

8. Place of execution and jurisdiction

Place of execution for delivery and payment is in every case Bremen. Place of jurisdiction is Bremen.

9. Severability Clause

If any part of these terms and conditions is or become ineffective, then thereby the validity of the remaining terms or the contract is not affected.