The supplier reserves the right to nullify all agreements and offers. The offer is binding on placement of an order or acceptance of delivery. A change in circumstance of the purchaser, that is not put in writing to the supplier, is non-binding, even when expressed to the contrary.
The company Komar claims all intellectual property rights (IPR) concerning the information given on this website (e.g. texts, images, graphs, brand names). All copyright and general IPR stipulations apply accordingly. Any reproduction, duplication or distribution of the contents of this website require previous approval by Komar in writing.
The price offer is given in € and is, when not otherwise stated, without sales tax added; sales tax is payable upon confirmation of the contract from the supplier.
The invoice (net price plus sales tax) will be issued with delivery, or part-delivery of the goods.
If upon finalization or commencement of a purchase commitment, no delivery order has been placed or should the ware remain stocked with the supplier, then the invoice will be made up on the day of the goods completion.
The term of payment begins with the invoice date.
Payment in full (net price plus sales tax) is to take place within 10 days of the invoice date in cash and in Euro.
Payment via cheque, bill of exchange or bank draft must be agreed with the supplier in advance. In this case the first 30 days are free of surcharge. The discount charges for the remaining period must be born by the payee. The acceptance of bills of exchange is succesful only upon reimbursement of the discount charges and other costs. Drafts and bills of exchange will only be accepted against a preliminary payment. A cash discount deduction is ruled out for a payment via bill of exchange.
Large orders or contracts require a downpayment and payment by installment is expected in accordance with completed work.
When large amounts of paper or other materials are to be provided by the supplier, the supplier is entitled to require payment up front. As a result of his own possible requirement, the customer, regardless of legal ground, is not entitled to withold payment or impose set-off rights. If payment is delayed or defaulted, interest will be payable at 2% over the respective bank discount. The right to assert further damage caused by delay is not hereby excluded. In the case of bank transfer or payment by cheque the receipt of payment is the day upon which the credit advice arrives at the supplier. Should a considerable decline in the financial status of the customer become known, or should the customer default on a payment, the supplier has the right to demand immediate payment of all the not-as-yet outstanding invoices. Likewise, the supplier has the right to cease further work remaining under this customer’s contract.
In so far as the preceeding payment conditions are altered in favour of the customer, the customer must bear all credit and other costs in full.
The goods delivered remain the property of the supplier up until full payment of the agreed price or until redemption of the bank draft or cheque. Before full payment or redemption of the bank order or cheque the ware may not be bonded or registered as security without prior agreement of the supplier. If the ware is to be sold on, the client is only authorized and empowered in as far as the sales price from the goods sold covers the original sales price, which is to be paid to the supplier. The client’s outstanding bill will be paid immediately from the further sale of the goods subject to retention of title, as due relinquishment.
All raw material of any type provided by the client to the supplier is, by its handover, to be considered in lien to all oustanding accounts.
Delivery is to be reckoned on supply as long as no alternative arrangement has been made. The client is liable for the cost and risk of delivery. As long as not otherwise instructed by the client, the supplier is not limited to use of the least expensive or quickest method of delivery. Transport insurance will be taken out only when expressly instructed by and at the cost of the client.
Should no delivery date be agreed, arguably after a certain timeframe assessed for delivery, the delivery period shall begin on the day the contract confirmation is sent out; and ends with the day the goods leave the supplier or, in the case of delivery impossibility, is put into storage by the supplier. When, because of the length of time that inspection of proofs, manufacturing samples, printing blocks etc, is taken by the customer, the delivery time is interrupted, the deliver period shall be considered from the day the goods are sent to the customer to the date of arrival of his written response. Should, after confirmation of the contract, the customer demand a change in the order, which influences the length of time for completion, a new delivery period begins with the confirmation of the change.
The supplier is not responsible if the delivery period is overrun due to circumstances beyond the suppliers control and which the supplier did not generate.
A disruption in operations – either in one’s own concern or in others upon which the manufacturing or transport is dependent – either through war, strike, lock-out, riot, coal or energy deficiency, collapse of transportation, work restriction, as well as all other cases of unusual force, free the restrains on the established delivery period and price. Should the overrun of the delivery period or price be manipulated by such means, the customer does not have the right to back out of the contract or to make the supplier responsible for other damages incurred.
In the case of delay, the client has the right, after an acceptable extension period, to exercise his statutory rights; but cannot claim compensation for loss of earnings.
Should the customer default on acceptance, the supplier can invoke his rights under Clause 326 BGB. In lieu thereof, the supplier has also the right to back out on his commitment to fulfill the entire contract and to demand damages incurred by this default.
Should the customer not accept the delivery within a certain time limit after being informed of completion in respect of not accepting advised delivery or if a delivery is not possible to make over a longer period due to circumstances that the supplier is not responsible for, then the supplier has the right to store the delivery himself or to place it in the hands of a forwarding agent at the cost and risk of the customer.
Complaints are only valid up to 3 days after receipt of the goods. It is the clients duty to check the delivered goods even when a sample has been sent. Faults in a part of the delivery does not warrant an objection to the entire delivery. In this case only a reduction in cost can be demanded, an anulment of the order or compensation can not be demanded. The supplier has the right to rectify the defects or provide a replacement delivery.
Hidden damage, that is not evident after prompt examination, can only be claimed when notification of the defect is made within 1 month from the date the goods leave the supplier, as determined by the supplier.
Variations in compositon of the material used by the supplier can not be the source for complaint so long as the supply conditions of the paper industry or other relevant supply industry, as requested by the customer and made available to the customer, are acceptable or in so far as the printing technique accounts for the difference between the press proof and the print run, expecially in the case of photo wallpaper and door wallpapers between the individual sheets.
In the case of light fastness, alterability and variation in colour and bronze, as well as for the composition of the gumming, lacquer, film or impregnation etc. is the supplier only liable when the material fault was evident upon primary inspection and before useage.
For certain exceptional work, for example, a special plastic binding, unusual cellophane, lacquer, gumming, impregnation and so forth, that is provided by a third party and made available to the customer at their request, the delivery conditions of the respective industry sector apply Personal guilt or fault is only liable within the contract in as far as it comes under the terms of Clause 831 BGB.
Damages that occur from transport should be made directly to the transport company upon receipt of the goods. We deliver under appointment of and at the risk of the customer.
Material that is procured by the customer, regardless of type is to be delivered freely to the supplier.
Receipt of such material will be bourne by the supplier without any guarantee as to the amount shown in the delivery being correct. In the case of large items are payments due to weight and associated costs, such as storage expenses, to be reimbursed. Should the customer make available paper or card, the packaging material as well as the refuse or separation inevitable in the preparation of and in the printing process, through bleed, cut or trimming remains the property of the supplier.
Packaging costs of paper or card will be charged at cost price plus sales tax and cannot be returned. For boxes and pallets if successfully returned in good condition to the supplier within 4 weeks, two thirds of the price will be reimbursed.
Sketches, designs, proofs, samples and prototypes will be charged to the client, even when the contract is not issued to the supplier.
The client is alone responsible for inspecting the infringement of copyright and ensuring that no infringement occurs. Copyright protection applies to every case and for every use of their sketches, designs, originals, films and such remains, unless otherwise explicitly agreed, the property of the supplier. Reproduction or duplication – regardless of technique – also for those deliveries which are not subject to copyright or other associated rights protection, is not permissable without the supplier’s consent. Printing plates (metal or stone etc), cylinders, lithography, samples (negative or positive on film or on glass), matrices, presses or stamps remain the property of the supplier (printer) even when they are separately listed in the invoice. Printing stock (original and duplicate printing plates) and reliefs remain the property of the supplier (printer) unless they are separately listed in the invoice. The supplier is not dutybound to deliver up the lithography transfers or sample copies to the customer. For printing stock, manuscripts or other objects not belonging to the supplier and not returned by the customer within 4 weeks after the completion of the contract, the supplier accepts no liability.
If the supplier gives over manuscripts, originals, printing stock or paper into the custody of the client, these items must be insured against theft, fire and water damage or any other relevant danger. The client is alone responsible for taking out this insurance. It is also expeceted that the client exercise reasonable care and due diligence.
In general the full quantity as detailed in the contract will be delivered. The client is dutybound to report an over or under delivery of up to 10%. This percentage increases in the case of colour or especially heavy printing to 20%. In addition the percentage for over or under delivery increases when the paper from the supplier is procured under the supply terms of the paper trade association to that of their margin statement.
So long as nothing else has been laid down contractually, the following applies: regular, recurring work, for which no cancellation period and no exact deadline has been agreed, can only be cancelled in compliance with a one month, and effective upon the end of the month, notice period. In the case that the average monthly invoice sum exceeds €250, this cancellation period increases to 3 months and to the end of a quarter-year in the calendar.In the case of a default in payment, the supplier reserves the right to immediate cancellation without notice.
The supplier witholds the right to display company details, company logo and number in reasonable proportion and given structure on deliveries of every type.
Verbal agreements are only legally binding with written confirmation.
Place of execution and jurisdiction for everything that derives from the contractual relationship and the requirements thereof and litigation, inclusive of alteration or modification and documentation process, is the company registered office.
