General Terms and Conditions for Pack-to-Edit GmbH

1. General

All business conducted between the customer and Pack-to-Edit GmbH shall be governed solely by these General Terms and Conditions. Any conflicting terms proposed by the customer shall only be effective if they have been explicitly recognised by us in writing. Any agreements different from or in addition to these General Terms and Conditions must be made in writing. Should individual terms of these General Terms and Conditions be invalid, the binding nature of the remaining provisions and any contracts concluded on the basis of those Terms and Conditions shall not be affected. The invalid provision shall be replaced by a valid one that most closely approximates the intent and purpose of the invalid provision.

2. Contract conclusion and offers

Our offers are non-binding and are valid for 6 weeks from the date the offer is created.

3. Performance and compensation

In the absence of any other agreements, the fee claim for Pack-to-Edit GmbH shall commence as soon as each individual service has been provided. Pack-to-Edit GmbH has the right to request advance payments to cover costs. All services not expressly covered by the agreed upon fee will be billed separately. This shall apply in particular to all additional services including any changes made after the fact, format changes, image rights/image purchase, image retouching and new or modified manuscripts. The customer shall reimburse Pack-to-Edit GmbH for any cash expenditures exceeding the normal cost of doing business (e.g. courier services, extra delivery costs). Pack-to-Edit GmbH quotations are non-binding estimates. If Pack-to-Edit GmbH anticipates that actual costs will exceed the cost quoted in writing by Pack-to-Edit GmbH by more than 20 percent, Pack-to-Edit GmbH shall inform the customer of these higher costs. The customer is deemed to have accepted this cost overrun if the customer does not object in writing within 5 working days following this information. The term shall commence when the customer becomes aware of the information or has had reasonable opportunity to become aware of the information. Pack-to-Edit GmbH shall charge a proportionate fee for all work not completed for whatever reason. Payment of this fee does not entitle the customer to any rights to this work. On the contrary, incomplete concepts, drafts, dummies etc. shall be returned to Pack-to-Edit GmbH immediately.

4. Presentations

For participation in presentations Pack-to-Edit GmbH shall be entitled to appropriate remuneration which shall cover at least all personnel and material costs as well as any third-party services required for the presentation. Should the presentation not result in Pack-to-Edit GmbH being awarded the job, any work belonging to Pack-to-Edit GmbH, in particular any documents and their contents used in the presentation, shall remain the property of Pack-to-Edit GmbH. The customer is not entitled to use them further, in any form. On the contrary, the documents shall be returned to Pack-to-Edit GmbH immediately. If the ideas and concepts proposed to solve communication problems during the course of a presentation are not used in the advertising material created by Pack-to-Edit GmbH, Pack-to-Edit GmbH is entitled to use these ideas and concepts elsewhere. It is prohibited to pass on to third parties, publish, duplicate or distribute any presentation material in any way without the express written consent of Pack-to-Edit GmbH.

5. Deliveries and provision of services

Delivery deadlines are only binding if we have explicitly confirmed them in writing. The delivery term shall commence on the day the job has been confirmed, however not before receiving all documents, approvals, releases and any agreed upon payments from the customer. If we are delayed in providing our services, the customer may terminate the contract following an appropriate grace period to be determined by the customer. Further claims are excluded. There are circumstances beyond our control which may make it difficult or impossible to procure, send or provide our services. These include but are not limited to force majeure, labour disputes, official measures, lack of energy or materials, interruptions in traffic or operations and delivery delays on the part of our suppliers. Such circumstances release us from our delivery obligation for the duration of the existence of these circumstances. If, as a result of these circumstances, the delivery date or the delivery is exceeded or delayed by more than a month, both parties shall be entitled to terminate the contract. This shall not constitute grounds for the customer to claim compensation. This also applies if the aforementioned circumstances arise during a time when we are already delayed. Any events related to a force majeure or major technical interruption (global internet disruption) and their consequences release us from our duty to fulfil our contract for the duration of the event. This also applies to such circumstances affecting suppliers of Pack-to-Edit GmbH. Corrections and services not explicitly agreed upon that exceed the scope of services agreed upon shall be billed to the customer at the current hourly rate (75.00 €/h).

6. Corrections

Galley proofs must be provided to Pack-to-Edit GmbH free of any typesetting errors. The print release declaration does not release the contracting party from his sole responsibility to provide error-free type-setting in keeping with both the manuscript and the typographical information. In cases of doubt as to current language use, the latest version of the Duden shall prevail. In the event of typesetting changes due to author’s changes or similar, Pack-to-Edit GmbH must be notified immediately of any costs as incurred, at the agreed upon hourly rate, and be presented with the respective correction. Costs submitted later shall not be accepted. The customer has an obligation to check our work prior to using it, even if corrections have been sent to the customer ahead of time. Print templates, machine platens, reproducible films etc. must be checked by the customer prior to further processing by the customer to ensure completeness, dimensional accuracy, positioning, density and perfect condition. Pack-to-Edit GmbH assumes no liability in the event that final artwork, films, digital data and similar are further processed when they contain typesetting errors or other deficiencies, even when third parties claim compensation from the customer.

7. Retention of title

Contractual services remain the property of Pack-to-Edit GmbH until such time as payment of the agreed price has been made in full. This also applies to any work delivered on data carriers or transmitted online as well as all accompanying material and concepts. If only rights of use are granted, this regulation applies accordingly for data carriers to be delivered.

8. Labelling

Pack-to-Edit GmbH shall be entitled to make reference to Pack-to-Edit GmbH and the author on all concepts, packaging and for all promotional activities. The customer shall not be entitled to claim compensation.

9. Approval

Pack-to-Edit GmbH shall make every effort to adhere to the agreed upon deadlines. If Pack-to-Edit GmbH fails to meet the delivery deadline, the customer shall grant Pack-to-Edit GmbH a grace period of at least 14 days before exercising the legal rights to which they are entitled. This grace period shall commence on the day Pack-to-Edit GmbH receives a letter of formal notice. Pack-to-Edit GmbH shall be obliged to pay compensation for damages resulting from the delay only where this has occurred through intent or gross negligence. In any case, inevitable or unforeseeable events - in particular delays on the part of Pack-to-Edit GmbH suppliers - release Pack-to-Edit GmbH from their obligation to adhere to the agreed upon delivery date.

10. Deadlines

If you no longer wish to receive offers, e-mails or information material from us, or if you would like your applicant details to be deleted or destroyed, you may withdraw the previously granted approval at any time. Simply send us an e-mail message or tick the appropriate box on the corresponding form. Please use the appropriate contact form or send us an e-mail. All of the information contained on this website has been carefully checked. However, we cannot guarantee that the content of our website is correct, complete and up-to-date at all times.

11. Payment

Unless otherwise agreed upon, Pack-to-Edit GmbH invoices are payable within 10 days with a 2% discount for early payment and within 4 weeks from the date of the invoice with no discount. Statutory interest rates apply to late payments. Any delivered goods remain the property of Pack-to-Edit GmbH until such time as payment is made in full.

12. Warranty and damages

The customer shall assert any claims in writing within five working days following provision of the service by Pack-to-Edit GmbH. The period shall commence when the customer has become aware of the service or has had reasonable opportunity to become aware of the service. If the claim is justified and timely, the customer shall only be entitled to an improvement of the service provided by Pack-to-Edit GmbH. Any claims for damages on the part of the customer, in particular due to delay, impossibility of performance, fault in conclusion of the contract, unsatisfactory or incomplete performance of service or due to tortious conduct are excluded, unless they can be attributed to wilful intent or gross negligence on the part of Pack-to-Edit GmbH. Pack-to-Edit GmbH accepts no liability for documents received from the customer for processing.

13. Liability

Pack-to-Edit GmbH will carry out the work entrusted to it in compliance with the generally recognised principles of law and inform the customer of any substantial identifiable risks in a timely manner. However, it is the customer who is responsible for adhering to legal regulations, in particular those concerning competition law and copyright law, even in the case of promotional measures proposed by Pack-to-Edit GmbH. Pack-to-Edit GmbH shall inform the customer of any risks associated with competition or copyright law concerning activities proposed by Pack-to-Edit GmbH. Insofar as the customer has provided the material, Pack-to-Edit GmbH is not liable for risks associated with competition or copyright law. The customer alone bears the risk in this case and Pack-to-Edit GmbH is not required to inform the customer. The customer shall only approve promotional activities or packaging ideas proposed by Pack-to-Edit GmbH after having confirmed their legal compliance in terms of competition and copyright law or if the customer is prepared to bear the risk associated with the promotional activity. Pack-to-Edit GmbH explicitly excludes and rejects any liability for claims made against the customer due to promotional activities or packaging ideas, provided that Pack-to-Edit GmbH has met its obligation to inform; Pack-to-Edit GmbH is not liable in particular for the costs of proceedings, customer legal fees or the cost of the publication of court decisions, nor for any claims for damages or similar claims by third parties. In the event that a claim is filed against Pack-to-Edit GmbH as a result of a promotional activity or packaging idea, the customer indemnifies and holds harmless Pack-to-Edit GmbH: the customer shall reimburse Pack-to-Edit GmbH for any and all financial and other losses (including material damages) suffered by Pack-to-Edit GmbH as a result of any claim made by a third party.

14. Applicable law

The legal relationship between the customer and Pack-to-Edit GmbH shall be governed solely by German law.

15. Place of performance and jurisdiction

The place of performance and jurisdiction for delivery and payment (including actions due to checks and bills of exchange) and all disputes arising between us and the purchaser based on the purchase contracts concluded between us and the purchaser shall be our registered office.

16. Severability clause

Should a provision of this regulation be or become invalid, it shall not affect the validity of the remaining provisions.
As at: August 2011


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