Imprint
Martincolor GmbH & Co. KG
Gaugrafenstrasse 24 d
60489 Frankfurt am Main
Phone +49 (0) 69 75 60 80 - 0
fax +49 (0) 69 75 60 80 - 88
info(at)martincolor.de
Managing Director
Micheline Martin-Beilner
Jacqueline Martin-Zies
Register court Frankfurt:
HRA 20821
personally liable partner:
MARTINCOLOR-SERVICE GmbH
Registered office Frankfurt
Reg.-Ger. HRB 12820
VAT-Id-No.: 11 21 48 060
Tax number 013 34 46 03 23
Disclaimer:
The information provided on this website has been carefully checked and is regularly updated. However, no liability or guarantee can be assumed that all information is complete, correct and up-to-date at all times. This applies in particular to all links to other websites referred to directly or indirectly.
All information can be changed, removed or supplemented without prior notice. Neither the publication nor its content may be changed or modified in any way without the prior express permission of Martincolor GmbH & Co. KG in any way or distributed or transmitted to third parties without the prior express permission of Martincolor GmbH & Co.
© Martincolor GmbH & Co. KG, Frankfurt am Main 2009 All rights reserved. All information without guarantee.
Terms and Conditions
1. General
The following terms and conditions shall apply to all our offers, deliveries and services. By placing an order, the client/customer (hereinafter referred to as "Customer") declares his agreement to these terms and conditions, even if his terms and conditions of purchase conflict with these terms and conditions of delivery and payment, even if we do not object. Deviating and supplementary conditions require our written confirmation to be legally effective.
Declarations made by our employees who are not authorized to represent us shall only be binding if they have been confirmed in writing.
2. Prices
The prices stated in the offers are subject to change unless they have been expressly designated as binding. Cost estimates for full payment our property and may not be reproduced or made available to a third party without consent. Drawings, drafts and other documents must be returned if an order is not placed.
Prices are always subject to value-added tax at the respective statutory rate.
3. Delivery time, obligation to deliver
Our offers are subject to change with regard to delivery period, delivery possibility and defects, unless they have been expressly designated as binding. Delivery periods shall commence on the day from which all details required for preparation have been clarified by the customer.
In the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances, e.g. in the event of material procurement difficulties, operational disruptions, strikes and lockouts, official interventions, energy supply difficulties, etc., even if such occur with upstream suppliers, the delivery date shall be extended to a reasonable extent if we are prevented from fulfilling our obligations in a timely manner as a result. If the aforementioned circumstances make delivery impossible, we shall be released from our delivery obligation.
Claims for damages by the customer due to such a withdrawal do not exist. The customer shall bear the risk for finished products which cannot be delivered within the agreed delivery period due to circumstances arising from the customer's order. The customer shall bear the costs and other additional expenses incurred in such a case.
4. Secrecy
We undertake to maintain secrecy with regard to all business and economic data which become known to us about the customer and his client as a result of the customer's order.
5. Copyrights
By placing the order, the customer declares that he is entitled to the copyright of all designs, layouts and images commissioned by him. The customer is liable for all damages resulting from the violation of any copyright.
If the templates are marked with a third party copyright, we will only reproduce them if the customer can show the consent of the copyright holder. However, we disclaim any liability if the copyright is hidden, too small or otherwise not clearly visible on the template.
6. Shipping
Our prices are ex works excluding shipping and insurance charges. These costs are to be borne additionally by the customer.
Transport insurance will only be taken out at the express request and expense of the customer.
All deliveries are shipped at the risk of the customer, even in the case of franco deliveries.
7. Complaint
Complaints of any kind must be notified to us in writing immediately, at the latest within 7 days. They do not release from payment obligations or the acceptance of the goods. For the calculation of the time limit, the date of delivery, in case of hidden defects, the date of discovery as well as the date of receipt of the letter of complaint shall be decisive.
Goods which are the subject of a complaint are to be returned free of charge. Our acceptance does not imply any acknowledgement of the defects complained about.
8. Warranty/Liability
In the event of a justified complaint, we shall, at our discretion, make a replacement delivery or rectify the defect within a reasonable period of time.
In the event that rectification or replacement is not carried out within a reasonable period of time, is unsuccessful or impossible, the customer shall have the right to a price reduction or, at his option, the right to rescind the contract. Any further claims, in particular claims for damages also due to loss of profit or other financial losses of the customer are excluded. The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence. It shall also not apply if the customer asserts claims for damages due to the defect of a warranted characteristic.
If an essential contractual obligation is violated negligently, any existing liability shall be limited to the foreseeable damage. The statutory period of limitation for warranty claims shall not be interrupted by the notification of defects. In order to fulfill his duty to mitigate damages, the customer is obliged to check our goods in detail for existing defects before further use.
9. Liability
No liability shall be assumed for damage to or loss of the documents and items provided for the production unless the contractor or his employees have acted with intent or gross negligence.
The conclusion of an insurance policy for transport, fire, theft, damage, risk of loss of the documents entrusted to us is the responsibility of the customer. If these documents have an extraordinary value, the customer must inform us of this circumstance when placing the order.
10. Retention
The customer is not entitled to declare offsetting against our claims with disputed or not legally established claims or to exercise rights of retention.
11. Terms of payment
All invoices are payable net immediately upon receipt. In case of a total value of more than € 10.000,- we are entitled to issue à account invoices up to the amount of 50% of our expenses already incurred.
Payments are only to be made directly to us. If the customer is in default of payment, interest on arrears will be charged at a rate of 3% p.a. above the respective Bundesbank discount rate.
We are not obliged to accept bills of exchange.
The customer's ability to pay and creditworthiness shall be the basis of the contract. If this is not given or if it ceases to exist during the term of the contract, we may terminate the contract and demand the agreed remuneration. In the case of invoices that have to be passed on to third parties, the intermediary of the order is always liable for the payment of the invoice.
12. Reservation of proprietary rights
Until the fulfillment of all claims that we have against the customer for any legal reason now or in the future, we retain ownership of the delivered items.
13. Place of jurisdiction-applicable law
The place of jurisdiction and performance for both parties is Frankfurt am Main. The terms and conditions of the contract shall be governed solely by German law. If agreements have been made bilingually, only the German version shall be authoritative.