Terms & Conditions...
General Terms and Conditions of www.spotcreativedesign.com - hereafter referred to as "Agent" -
1. Scope
a) For all offers, cost estimates, sales and deliveries, the following conditions shall apply, provided that this is not contradicted by compulsory legal regulations or something different is explicitly agreed.
b) Counter-confirmations by the principal, with reference to his terms and conditions, shall not be accepted. Deviating conditions shall only apply if they have been confirmed by us. The same applies to verbal side agreements or supplemental agreements to the written agreement.
c) The personnel of the Agent are not authorised to consent to additional agreements and amendments to these General Terms and Conditions. The managing director of the Agent or his office manager shall be solely authorised to do so.
2. Order placement, order acceptance and dates
a) Orders shall only be binding if they have been confirmed in writing by the Agent.
b) For orders with delivery to third parties, the ordering party shall be regarded as the principal. If the delivery to the third parties takes place for their benefit or if the recipient of the delivery is benefitted in another manner by ownership and further use of the delivery, the ordering party and recipient of the delivery shall be jointly regarded as the principal. With the placement of such an order, the ordering party implicitly assures that consent to this exists.
c) For orders at the expense of third parties, regardless of whether they are for own account or third party account, the ordering party and the invoice recipient shall jointly be regarded as the payment obligor. With the placement of such an order, the ordering party implicitly assures that the consent of the invoice recipient exists for this.
d) Delivery dates are fundamentally regarded as being non-binding. The dates mentioned in the offer/order confirmation for order completion correspond to the respective status of planning. With non-adherence, the Agent is to be set an adequate grace period. After the fruitless expiry of the grace period, the principal shall be entitled to withdraw from the agreement. Until this point in time, deliveries and services ordered and accepted by the ordering party can be charged by the Agent, unless the ordering party has been inappropriately economically disadvantaged by the charge.
e) With colour reproductions in all manufacturing methods, slight deviations from the original cannot be rejected. The same shall apply, for technical reasons, to the comparison between other templates, e.g. proofs and printouts, even if we have prepared them, and the end product.
f) The Agent shall only indemnify deviations in the quality of the material used, up to the amount of the order value.
g) If the principal should not have provided a printout of the printing data upon request and also not inspected a proof or contact print prepared by the Agent, the Agent shall be exempted from any indemnity. Returns shall not be acknowledged in this regard.
3. Order implementation / release by the principal
a) To the extent that nothing different is agreed in writing, the Agent shall carry out all orders on the basis of the printing data delivered/transmitted by the principal. The data is to be provided in the file formats specified in the Agent’s order forms. With deviating file formats, the Agent cannot guarantee fault-free performance, unless he has approved this format in writing. The principal shall fully indemnify the completeness and correctness of this data, even if data transmission or data media errors exist, which are not the Agent’s responsibility.
b) The Agent reserves the right to only take into account amendments to the order, which have subsequently been submitted by the principal, i.e. after order acceptance by the Agent, if they have been confirmed in writing by the managing director of the Agent or a person, who has specifically be authorised by him. With respect to the amendment-related costs for the principal, Article 8 c) of these General Terms and Conditions shall apply.
c) Deliveries of all types by the principal or by third parties appointed by him shall not be subject to an inspection obligation by the Agent, this also applies to data media and transmitted data. This shall not apply to data that is obviously not capable of being processed or read. With data transmissions, the principal must use the latest state-of-the-art protection programme for computer viruses prior to sending. The principal has the sole responsibility for data backup. The Agent shall be entitled to prepare copies.
