TERMS AND CONDITIONS

1 Scope
1.1 All quotations and agreements are subject to our company’s terms and conditions; these are deemed to have been accepted upon placement of an order or acceptance of delivery. Any deviating terms and conditions of the customer which our company has not expressly accepted in writing are not binding on us, even if we do not expressly object to them. 

2 Quotations and Delivery
2.1 All quotations are non-binding and subject to change. The technical details of the quotation, in particular colour shades, dimensions and materials, are approximate values which we endeavour to adhere to. Deviations within material-related technical tolerances are permissible.
2.2 Over-deliveries of up to 10% or under-deliveries of up to 5% of the ordered quantity of print products are permissible and may be charged. 

3 Delivery Time
3.1 Delivery deadlines shall be met where possible. However, they are not legally binding. Operational disruptions, whatever the cause, shall release us from the delivery deadline for the duration of the disruptions. In such cases, we also have the right to withdraw from the contract in whole or in part.
3.2 If details necessary for the execution of the order are missing, delivery deadlines shall not commence until such details have been fully clarified. Should the customer default on their obligations, the agreed delivery deadlines shall be extended accordingly. 

4 Copyright Protection and Rights of Use
4.1 The order placed in the field of graphic design constitutes a contract for the creation of a work. The subject matter of the contract is the creation of the commissioned work and the granting of rights of use to that work. The provisions of the law governing contracts for work and services and the Copyright Act shall apply.
4.2 We decline to investigate whether designs and sketches supplied by the client infringe existing copyright, trademarks or registered designs. The client assumes full responsibility for the reproduction rights of all sketches and designs submitted for the commissioned work. 

5 Fee
5.1 The design and working drawings, together with the granting of the right of use, constitute a single service. We charge our fee for this service
. 5.2 If the client does not exercise their option to use the work and no rights of use are granted, a reduced fee will be charged.
5.3 Work performed free of charge, in particular the creation of designs at no cost, shall at no time form part of the contract.
5.4 Fees are due upon delivery of the work. They are payable without deductions. If work is delivered in instalments, the corresponding instalment fee is due upon delivery of each part. If the execution of a commission extends over a longer period, interim payments may be demanded in accordance with the amount of work performed. 

6 Additional Services
6.1 Amendments to designs that go beyond the usual two rounds of author’s corrections, the creation and submission of further designs, amendments to working drawings, and other additional services shall be invoiced separately on a time-and-materials basis. 

7 Retention of title
7.1 Only rights of use are granted in respect of our company’s design work; no title is transferred.
7.2 The originals must be returned undamaged after a reasonable period, unless expressly agreed otherwise. 

8 Specimen copies
8.1 We are to be provided with specimen copies of reproduced works free of charge, which we may also use for our own advertising purposes. 

9 Errors
9.1 If errors are contained in the original or have arisen due to unclear instructions, these shall be borne by the client.
9.2 The client’s review of proofs relieves our company of any liability for errors that have not been objected to. In the event of verbal or written approval for printing by the client, any errors in the printed matter shall be at their expense.
9.3 The client must inspect the goods immediately upon delivery and raise any complaints in writing without delay. Should a defect that could not previously be detected become apparent later, written notification must be given immediately upon discovery. Otherwise, the service shall be deemed approved and further complaints are excluded. Defects in part of the service cannot lead to a complaint regarding the entire service. In the event of defects raised within the specified time limit, we shall be obliged only to provide a replacement free of charge, to the exclusion of all further claims. 

10 Self-promotion
10.1 As an advertising agency, we reserve the right (subject to consultation) to include our company logo, as well as our company’s (website) address and telephone number, on all printed materials.

11 Place of jurisdiction
11.1 The place of jurisdiction is Stuttgart.