General Terms and Conditions

of the company IBC-Hochdruck GmbH,
Gassenäcker 7, 89185 Hüttisheim

Status: 02.05.2024

The following General Terms and Conditions apply to all legal transactions of IBC-Hochdruck GmbH (hereinafter referred to as IBC-Hochdruck GmbH), unless individual agreements deviating from these provisions have been made. Terms and conditions of the contractual partner are generally contradicted and will not be recognized.

1. Offer, order placement, order confirmation

Our offers are always subject to change. In the case of written or verbal orders, the customer is bound to his contractual offer for 21 days. An order is accepted when it is confirmed by us in writing and/or by fax or e-mail or when we have delivered.

All information, dimensions, values, conditions of use and other contents contained in brochures, catalogs, on websites and in other documents are theoretical approximate values and are only binding if confirmed in writing and only to the extent that we were able to determine them on the basis of the available documents. Brochures are always valid in their current version at the time the contract is concluded. Minor deviations in color and/or shape that are customary in the trade are in accordance with the contract, provided they do not impair the functionality and are not visually unacceptable.

If documents, samples and/or other information are transmitted or passed on within the scope of the business relationship, these are protected by copyright. IBC-Hochdruck GmbH is entitled to all copyrights.

Our customers undertake to treat the aforementioned objects and information as strictly confidential and not to copy, reproduce, pass on or disseminate them without the written consent of IBC-Hochdruck GmbH, nor to reproduce them or make them accessible to third parties in any other way and/or to inform third parties of them in any other way. Any use of the protected documents, objects and other information without a contractual basis and without the consent of IBC-Hochdruck GmbH is also prohibited. All samples, drawings and other documents provided by IBC-Hochdruck GmbH, the transfer of which is not part of the contractual purpose, also remain the physical property of IBC-Hochdruck GmbH.

1. Delivery time and installation or repair period

Unless otherwise agreed individually, delivery periods shall commence upon receipt of the down payment and the customer has provided IBC-Hochdruck GmbH with all specifications and technical requirements to be provided by him. Unless otherwise agreed individually, the delivery date is deemed to have been met when the goods leave IBC-Hochdruck GmbH's factory. IBC-Hochdruck GmbH shall only be in default without reminder if a binding delivery date agreed in writing is exceeded on a specific calendar day. In this case, the customer shall grant a reasonable grace period of at least 4 weeks before withdrawing from the contract. Events of force majeure, unforeseeable circumstances and other unforeseeable disruptions to the business operations of IBC-Hochdruck GmbH or its suppliers, which cannot be averted by IBC-Hochdruck GmbH or its suppliers despite reasonable care in the circumstances of the case, shall postpone the delivery dates by a reasonable period of time. In such cases, IBC-Hochdruck GmbH shall be released from its obligation to perform if delivery is not possible within a reasonable grace period. If IBC-Hochdruck GmbH has concluded a corresponding covering transaction with its upstream supplier to fulfill the purchase contract, IBC-Hochdruck GmbH need not deliver if the upstream supplier is unable to deliver. IBC-Hochdruck GmbH shall notify the customer of such circumstances without delay and refund any fees paid without delay.

1. Reservation of performance

IBC-Hochdruck GmbH may refuse performance as long as the down payment agreed with the customer has not yet been made by the customer.

IBC-Hochdruck GmbH may refuse delivery if, after conclusion of the contract, facts become known which appear to jeopardize the customer's counter-performance due to his inability to pay and/or creditworthiness. In this case, delivery will only be made if the customer pays in advance or provides appropriate security. IBC-Hochdruck GmbH is entitled to set the customer a reasonable deadline for advance performance or the provision of security and to withdraw from the contract after expiry of the deadline. There is no need to set a deadline if the customer has fraudulently concealed the facts already known or negligently not known to him when the contract was concluded. Furthermore, in the aforementioned cases IBC-Hochdruck GmbH is entitled to declare all claims from all business relations with the customer due and payable.

1. Shipping

The risk shall pass to the customer upon delivery of the contractual product to a forwarding agent or other person designated to carry out the shipment. Transport insurance against damage of any kind shall only be taken out at the express request of the customer. The costs of transportation insurance shall be borne by the customer. IBC-Hochdruck GmbH shall determine the mode of shipment. In justified cases, IBC-Hochdruck GmbH is entitled to make partial deliveries to a reasonable extent. If free delivery is agreed, free delivery shall only apply to addresses within the Federal Republic of Germany. If the customer requests delivery abroad, all additional costs incurred, in particular customs costs, transportation costs from the border, fees for postage documents, import sales tax, etc., shall be borne by the customer.

1. Cooperation of the customer

The customer is responsible for the entire approval process, including the creation and submission of all necessary plans for the entire installation environment, as well as for all architectural services, in particular the review of static calculations. The customer must always ensure safe access to and from the site on solid ground that can be driven on by heavy trucks. The customer must provide the necessary electricity and water with the appropriate connections at his own expense. The customer must provide all media connections (water, waste water, electricity, gas, oil) in good time. In the event of a breach of an obligation under this clause, all deadline agreements shall lapse. If IBC-Hochdruck GmbH incurs additional costs as a result, the customer shall be liable.

IBC-Hochdruck GmbH's personnel must be granted access to the customer's premises, machines / systems during the agreed business hours / operating hours, but at least between 7 a.m. and 6 p.m., in order to carry out the contractual services. The customer must immediately provide IBC-Hochdruck GmbH's employees with any requested information about the machines, systems and buildings affected by the contractual service and make the relevant documents and data available.

The customer shall take the special measures necessary to protect persons (in particular its own employees) and property at the place of use and shall be responsible for compliance with the statutory regulations on occupational health and safety if and insofar as the personnel are on its premises or in its premises as intended. He must also inform the personnel about existing special safety regulations, insofar as these are of importance for the personnel.

5.1. Acceptance

The customer is obliged to accept the installation or repair as soon as he has been notified of its completion and any contractually agreed testing has taken place. If the installation proves not to be in accordance with the contract, the installation company shall be obliged to rectify the defect. This shall not apply if the defect is insignificant for the interests of the customer or is due to a circumstance for which the customer is responsible. If there is no significant defect, the customer may not refuse acceptance.

If acceptance is delayed through no fault of IBC-Hochdruck GmbH, acceptance shall be deemed to have taken place two weeks after notification of completion of installation or repair or upon commissioning of the system.

1. Retention of title

IBC-Hochdruck GmbH retains title to the delivery item until receipt of all payments - including for any additional ancillary services owed - under the delivery contract.

If IBC-Hochdruck GmbH's ownership expires due to combination, mixing, installation or other legal provisions, the customer's ownership of the uniform item shall be transferred to IBC-Hochdruck GmbH in proportion to the invoice value. IBC-Hochdruck GmbH undertakes, at the customer's request, to release all securities to the extent that the value of the securities exceeds the claims to be secured by more than 20%. IBC-Hochdruck GmbH shall be responsible for selecting the securities to be released. In the event of the resale of contractual items, the customer hereby assigns his claim with ancillary rights to IBC-Hochdruck GmbH by way of security. The customer is entitled to collect the assigned claim until revocation, which is possible at any time. As long as IBC-Hochdruck GmbH's right of ownership exists, IBC-Hochdruck GmbH is entitled to satisfy itself at any time that the goods have been properly handled and stored on site and, if necessary, to collect them after setting a grace period, without this being associated with a withdrawal from the contract.

1. Prices and terms of payment

7.1. Prices and terms of payment

Prices are quoted in EURO plus the currently applicable statutory VAT. All prices are ex works and without any ancillary services, in particular without transport, insurance, packaging, postage, fees, installation, commissioning and other expenses within the scope of the application at the customer's premises, in particular additional expenses due to the fulfillment of official requirements at the place of installation as well as the preparation of prescribed building permit documents. Unless otherwise agreed, the prices are based on the IBC-Hochdruck GmbH price list valid at the time the contract is concluded. Our services for commissioning, maintenance, installation and other application support are generally invoiced according to the cost of labor and materials, whereby the hourly rates are based on our current price list.

7.2. Accommodation costs

Necessary accommodation costs for fitters will be charged additionally at cost and are to be borne by the customer. The accommodation costs incurred are based on the usual local or market prices for a hotel in the 3-star category.

1. Warranty / Claims for defects

The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title (including incorrect and short delivery as well as improper assembly or defective assembly instructions), unless otherwise specified below.

The assertion of claims for defects presupposes that the customer has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).

IBC-Hochdruck GmbH may refuse to remedy defects as long as the customer has not fulfilled all payment obligations with the exception of an amount corresponding to the reduction in the price of the defective goods. In this case, the customer shall only be obliged to make advance payment if IBC-Hochdruck GmbH has confirmed its liability for defects under these GTC to the customer in text form.

IBC-Hochdruck GmbH must be given the opportunity to inspect the notified defect on site.

Claims for defects shall lapse one year after the transfer of risk if the customer is an entrepreneur.

Before the customer can assert further claims or rights (withdrawal, reduction, damages or reimbursement of expenses), IBC-Hochdruck GmbH must first be given the opportunity to provide subsequent performance within a reasonable period of time. If subsequent performance fails despite at least two attempts at subsequent performance, if IBC-Hochdruck GmbH refuses to provide subsequent performance or if subsequent performance is not possible or unreasonable for the customer, the customer may withdraw from the contract or reduce the remuneration (reduction). The assertion of claims for damages and reimbursement of expenses shall be governed by para. 10.

IBC-Hochdruck GmbH assumes no warranty for damage resulting from improper handling, operation or maintenance. Furthermore, the warranty does not cover damage caused by the use of incorrect operating materials, natural wear and tear, wear and tear due to above-average loads, incorrect assembly or commissioning by the customer or third parties - unless IBC-Hochdruck GmbH is responsible for this. Also excluded from the warranty are wearing parts that are subject to excessive natural wear due to their material properties or type of use, e.g. seals, plastic bearings and the like, as well as damage caused by the flow of substances not provided for in the contract.

1. Warranty no longer valid

The customer's warranty claims can no longer be asserted by him if he has carried out modifications or attempted repairs to the defect himself or has had them carried out by third parties without the prior written consent of IBC-Hochdruck GmbH, unless the customer proves that these modifications did not or only insignificantly impede the warranty work on the part of IBC-Hochdruck GmbH and the reported defects are not attributable to these modifications or repairs.

The same applies if operating materials, cleaning and care products are used without the written consent of IBC-Hochdruck GmbH and/or technical modifications are made to the system that have not been approved by IBC-Hochdruck GmbH. In cases in which the customer raises an unjustified warranty claim and IBC-Hochdruck GmbH incurs costs in examining the claim, the customer shall be liable for these costs if he has acted negligently.

1. Liability

IBC-Hochdruck GmbH shall be liable for damages resulting from injury to health, life or limb in the event of intent, gross negligence or slight negligence on the part of its legal representatives and/or vicarious agents. IBC-Hochdruck GmbH shall only be liable for other damages arising from contractual or non-contractual breach of duty in the event of gross negligence and intent on the part of its legal representatives and/or vicarious agents, unless material contractual or cardinal obligations have been breached. In the event of a breach of material contractual obligations or cardinal obligations, IBC-Hochdruck GmbH shall also be liable for slight negligence, but only for damages foreseeable at the time of conclusion of the contract. This liability is limited to the claims covered by IBC-Hochdruck GmbH's liability insurance. This does not apply if IBC-Hochdruck GmbH has not taken out sufficient liability insurance. IBC-Hochdruck GmbH is not liable for information or advice unless these are expressly part of the contract. Information and advice in connection with the processing of an order are generally not essential contractual obligations for which liability is limited to gross negligence and foreseeable damage. Exclusions of liability under these General Terms and Conditions do not apply to claims under the Product Liability Act.

1. Information from the customer

The customer is liable for his specifications and other information on planning and production as well as for the suitability of the installation environment. All additional costs incurred due to incorrect information or an unsuitable installation environment shall be borne by the customer. The customer shall be responsible for the accuracy of its details and for the timely provision of all necessary information; in particular, the customer shall be liable for all additional costs arising from a breach of this obligation to cooperate.

1. Withdrawal from the contract / Flat-rate compensation

If the customer does not accept a duly ordered product or system or if the customer declares literally or analogously before delivery, also by remaining silent in response to a corresponding written request containing a corresponding reference to the legal consequences of this paragraph, that he will not accept it, IBC-Hochdruck GmbH may withdraw from the contract without further reminder and claim damages instead of performance. In the event that IBC-Hochdruck GmbH withdraws from the contract at the customer's instigation, in particular due to default in payment or in the case of clause 3. or any other unjustified rescission of the contract at the customer's instigation after delivery and the taking back of delivered goods, IBC-Hochdruck GmbH shall be entitled to claim damages and compensation for expenses.

IBC-Hochdruck GmbH shall be entitled to liquidated damages for non-performance in the amount of 25% of the net order volume. IBC-Hochdruck GmbH shall be reimbursed for expenses incurred as a result of the contract, e.g. outward and return transportation and assembly costs, etc., in the amount incurred in each case. The hourly flat rate per employee is EUR 65.00 plus VAT and the flat rate for travel costs is EUR 1.10 per km plus VAT. These cost rates also apply in the other cases of these General Terms and Conditions, according to which the customer has to bear costs. IBC-Hochdruck GmbH is at liberty to prove and claim higher damages instead of the lump-sum rates for damages, and the customer is also at liberty to demonstrate and prove that IBC-Hochdruck GmbH incurred lower damages. If the customer is in default of acceptance, he must pay the storage costs incurred after a delay of more than 14 days.

1. Data protection

The customer agrees that personal data included in the contract will only be used for internal processing and evaluation and will not be passed on to third parties. IBC-Hochdruck GmbH is entitled to obtain a credit report on the customer from SCHUFA (Schutzgemeinschaft für allgemeine Kreditsicherung) or another information agency. The customer expressly consents to this.

1. Place of jurisdiction and place of performance / choice of law

This contract is subject to German law.

The place of performance and jurisdiction for deliveries and payments, as well as all disputes arising between the parties, shall be the registered office of IBC-Hochdruck GmbH in 89185 Hüttisheim, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. However, IBC-Hochdruck GmbH is also entitled to sue the customer at his place of business. The relations between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is not domiciled in Germany, or moves his domicile out of Germany after conclusion of the contract, or if his domicile or usual place of residence is not known at the time the action is filed, the place of performance and jurisdiction shall be, at the discretion of IBC-Hochdruck GmbH, the registered office of IBC-Hochdruck GmbH or that of the customer.

General Terms and Conditions of IBC-Hochdruck GmbH,
Gassenäcker 7, 89185 Hüttisheim, Germany

Status: 01.01.2019

The following General Terms and Conditions apply to all legal transactions of IBC-Hochdruck GmbH (hereinafter referred to as IBC-Hochdruck GmbH), unless individual agreements deviating from these provisions have been made. Terms and conditions of the contractual partner are generally contradicted and will not be recognized.

1. Offer, order placement, order confirmation

Our offers are always subject to change. In the case of written or verbal orders, the customer is bound to his contractual offer for 21 days. An order is accepted when it is confirmed by us in writing and/or by fax or e-mail or when we have delivered.
All information, dimensions, values, conditions of use and other contents contained in brochures, catalogs, on websites and in other documents are theoretical approximate values and are only binding if confirmed in writing and only to the extent that we were able to determine them from the available documents. Brochures are always valid in their current version at the time the contract is concluded. Minor deviations in color and/or shape that are customary in the trade are in accordance with the contract, provided they do not impair the functionality and are not visually unacceptable.

If documents, samples and/or other information are transmitted or passed on within the scope of the business relationship, these are protected by copyright. IBC-Hochdruck GmbH is entitled to all copyrights.

Our customers undertake to treat the aforementioned objects and information as strictly confidential and not to copy, reproduce, pass on or disseminate them without the written consent of IBC-Hochdruck GmbH, nor to reproduce them or make them accessible to third parties in any other way and/or to inform third parties of them in any other way. Any use of the protected documents, objects and other information without a contractual basis and without the consent of IBC-Hochdruck GmbH is also prohibited. All samples, drawings and other documents provided by IBC-Hochdruck GmbH, the transfer of which is not part of the contractual purpose, also remain the physical property of IBC-Hochdruck GmbH.

1. Delivery time and installation or repair period

Unless otherwise agreed individually, delivery periods shall commence upon receipt of the down payment and the customer has provided IBC-Hochdruck GmbH with all specifications and technical requirements to be provided by him. Unless otherwise agreed individually, the delivery date is deemed to have been met when the goods leave IBC-Hochdruck GmbH's factory. IBC-Hochdruck GmbH shall only be in default without reminder if a binding delivery date agreed in writing is exceeded on a specific calendar day. In this case, the customer shall grant a reasonable grace period of at least 4 weeks before withdrawing from the contract. Events of force majeure, unforeseeable circumstances and other unforeseeable disruptions to the business operations of IBC-Hochdruck GmbH or its suppliers, which cannot be averted by IBC-Hochdruck GmbH or its suppliers despite reasonable care in the circumstances of the case, shall postpone the delivery dates by a reasonable period of time. In such cases, IBC-Hochdruck GmbH shall be released from its obligation to perform if delivery is not possible within a reasonable grace period. If IBC-Hochdruck GmbH has concluded a corresponding covering transaction with its upstream supplier to fulfill the purchase contract, IBC-Hochdruck GmbH need not deliver if the upstream supplier is unable to deliver. IBC-Hochdruck GmbH shall notify the customer of such circumstances without delay and refund any fees paid without delay.

1. Reservation of performance

IBC-Hochdruck GmbH may refuse performance as long as the down payment agreed with the customer has not yet been made by the customer.

IBC-Hochdruck GmbH may refuse delivery if, after conclusion of the contract, facts become known which appear to jeopardize the customer's counter-performance due to his inability to pay and/or creditworthiness. In this case, delivery will only be made if the customer pays in advance or provides appropriate security. IBC-Hochdruck GmbH is entitled to set the customer a reasonable deadline for advance performance or the provision of security and to withdraw from the contract after expiry of the deadline. There is no need to set a deadline if the customer has fraudulently concealed the facts already known or negligently not known to him when the contract was concluded. Furthermore, in the aforementioned cases IBC-Hochdruck GmbH is entitled to declare all claims from all business relations with the customer due and payable.

1. Shipping

The risk shall pass to the customer upon delivery of the contractual product to a forwarding agent or other person designated to carry out the shipment. Transport insurance against damage of any kind shall only be taken out at the express request of the customer. The costs of transportation insurance shall be borne by the customer. IBC-Hochdruck GmbH shall determine the mode of shipment. In justified cases, IBC-Hochdruck GmbH is entitled to make partial deliveries to a reasonable extent. If free delivery is agreed, free delivery shall only apply to addresses within the Federal Republic of Germany. If the customer requests delivery abroad, all additional costs incurred, in particular customs costs, transportation costs from the border, fees for postage documents, import sales tax, etc., shall be borne by the customer.

1. Cooperation of the customer

The customer is responsible for the entire approval process, including the creation and submission of all necessary plans for the entire installation environment, as well as for all architectural services, in particular the review of static calculations. The customer must always ensure safe access to and from the site on solid ground that can be driven on by heavy trucks. The customer must provide the necessary electricity and water with the appropriate connections at his own expense. The customer must provide all media connections (water, waste water, electricity, gas, oil) in good time. In the event of a breach of an obligation under this clause, all deadline agreements shall lapse. If IBC-Hochdruck GmbH incurs additional costs as a result, the customer shall be liable.

The personnel of IBC-Hochdruck GmbH must be granted access to the customer's premises, machines / systems during the agreed business hours / operating hours, but at least between 7 a.m. and 6 p.m., in order to perform the contractual services. The customer must immediately provide IBC-Hochdruck GmbH's employees with any requested information about the machines, systems and buildings affected by the contractual service and make the relevant documents and data available.

The customer shall take the special measures necessary to protect persons (in particular its own employees) and property at the place of use and shall be responsible for compliance with the statutory regulations on occupational health and safety if and insofar as the personnel are on its premises or in its premises as intended. He must also inform the personnel about existing special safety regulations, insofar as these are of importance for the personnel.

5.1. Acceptance

The customer is obliged to accept the installation or repair as soon as he has been notified of its completion and any contractually agreed testing has taken place. If the installation proves not to be in accordance with the contract, the installation contractor shall be obliged to rectify the defect. This shall not apply if the defect is insignificant for the interests of the customer or is based on a circumstance for which the customer is responsible. If there is no significant defect, the customer may not refuse acceptance.

If acceptance is delayed through no fault of IBC-Hochdruck GmbH, acceptance shall be deemed to have taken place two weeks after notification of completion of installation or repair or upon commissioning of the system.

1. Retention of title

IBC-Hochdruck GmbH retains title to the delivery item until receipt of all payments - including for any additional ancillary services owed - under the delivery contract.

If IBC-Hochdruck GmbH's ownership expires due to combination, mixing, installation or other legal provisions, the customer's ownership of the uniform item shall be transferred to IBC-Hochdruck GmbH in proportion to the invoice value. IBC-Hochdruck GmbH undertakes, at the customer's request, to release all securities to the extent that the value of the securities exceeds the claims to be secured by more than 20%. IBC-Hochdruck GmbH shall be responsible for selecting the securities to be released. In the event of the resale of contractual items, the customer hereby assigns his claim with ancillary rights to IBC-Hochdruck GmbH by way of security. The customer is entitled to collect the assigned claim until revocation, which is possible at any time. As long as IBC-Hochdruck GmbH's right of ownership exists, IBC-Hochdruck GmbH is entitled to satisfy itself at any time that the goods have been properly handled and stored on site and, if necessary, to collect them after setting a grace period, without this being associated with a withdrawal from the contract.

1. Prices and terms of payment

7.1. Prices and terms of payment

Prices are quoted in EURO plus the currently applicable statutory VAT. All prices are ex works and without any ancillary services, in particular without transport, insurance, packaging, postage, fees, installation, commissioning and other expenses within the scope of the application at the customer's premises, in particular additional expenses due to the fulfillment of official requirements at the place of installation as well as the preparation of prescribed building permit documents. Unless otherwise agreed, the prices are based on the IBC-Hochdruck GmbH price list valid at the time the contract is concluded. Our services for commissioning, maintenance, installation and other application support are generally invoiced according to the cost of labor and materials, whereby the hourly rates are based on our current price list.

7.2. Accommodation costs

Necessary accommodation costs for fitters will be charged additionally at cost and are to be borne by the customer. The accommodation costs incurred are based on the usual local or market prices for a hotel in the 3-star category.

1. Warranty / Claims for defects

The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title (including incorrect and short delivery as well as improper assembly or defective assembly instructions), unless otherwise specified below.

The assertion of claims for defects presupposes that the customer has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).

IBC-Hochdruck GmbH may refuse to remedy defects as long as the customer has not fulfilled all payment obligations with the exception of an amount corresponding to the reduction in the price of the defective goods. In this case, the customer shall only be obliged to make advance payment if IBC-Hochdruck GmbH has confirmed its liability for defects under these GTC to the customer in text form.

IBC-Hochdruck GmbH must be given the opportunity to inspect the notified defect on site.

Claims for defects shall lapse one year after the transfer of risk if the customer is an entrepreneur.

Before the customer can assert further claims or rights (withdrawal, reduction, damages or reimbursement of expenses), IBC-Hochdruck GmbH must first be given the opportunity to provide subsequent performance within a reasonable period of time. If subsequent performance fails despite at least two attempts at subsequent performance, if IBC-Hochdruck GmbH refuses to provide subsequent performance or if subsequent performance is not possible or unreasonable for the customer, the customer may withdraw from the contract or reduce the remuneration (reduction). The assertion of claims for damages and reimbursement of expenses shall be governed by para. 10.

IBC-Hochdruck GmbH assumes no warranty for damage resulting from improper handling, operation or maintenance. Furthermore, the warranty does not cover damage caused by the use of incorrect operating materials, natural wear and tear, wear and tear due to above-average loads, incorrect assembly or commissioning by the customer or third parties - unless IBC-Hochdruck GmbH is responsible for this. Also excluded from the warranty are wearing parts that are subject to excessive natural wear due to their material properties or type of use, e.g. seals, plastic bearings and the like, as well as damage caused by the flow of substances not provided for in the contract.

1. Warranty no longer valid

The customer's warranty claims can no longer be asserted by him if he has carried out modifications or attempted repairs to the defect himself or has had them carried out by third parties without the prior written consent of IBC-Hochdruck GmbH, unless the customer proves that these modifications did not or only insignificantly impede the warranty work on the part of IBC-Hochdruck GmbH and the reported defects are not attributable to these modifications or repairs.

The same applies if operating materials, cleaning and care products are used without the written consent of IBC-Hochdruck GmbH and/or technical modifications are made to the system that have not been approved by IBC-Hochdruck GmbH. In cases in which the customer raises an unjustified warranty claim and IBC-Hochdruck GmbH incurs costs in examining the claim, the customer shall be liable for these costs if he has acted negligently.

1. Liability

IBC-Hochdruck GmbH shall be liable for damages resulting from injury to health, life or limb in the event of intent, gross negligence or slight negligence on the part of its legal representatives and/or vicarious agents. IBC-Hochdruck GmbH shall only be liable for other damages arising from contractual or non-contractual breach of duty in the event of gross negligence and intent on the part of its legal representatives and/or vicarious agents, unless material contractual or cardinal obligations have been breached. In the event of a breach of material contractual obligations or cardinal obligations, IBC-Hochdruck GmbH shall also be liable for slight negligence, but only for damages foreseeable at the time of conclusion of the contract. This liability is limited to the claims covered by IBC-Hochdruck GmbH's liability insurance. This does not apply if IBC-Hochdruck GmbH has not taken out sufficient liability insurance. IBC-Hochdruck GmbH is not liable for information or advice unless these are expressly part of the contract. Information and advice in connection with the processing of an order are generally not essential contractual obligations for which liability is limited to gross negligence and foreseeable damage. Exclusions of liability under these General Terms and Conditions do not apply to claims under the Product Liability Act.

1. Information from the customer

The customer is liable for his specifications and other information on planning and production as well as for the suitability of the installation environment. All additional costs incurred due to incorrect information or an unsuitable installation environment shall be borne by the customer. The customer shall be responsible for the accuracy of its details and for the timely provision of all necessary information; in particular, the customer shall be liable for all additional costs arising from a breach of this obligation to cooperate.

1. Withdrawal from the contract / Flat-rate compensation

If the customer does not accept a duly ordered product or system or if the customer declares literally or analogously before delivery, also by remaining silent in response to a corresponding written request containing a corresponding reference to the legal consequences of this paragraph, that he will not accept it, IBC-Hochdruck GmbH may withdraw from the contract without further reminder and claim damages instead of performance. In the event that IBC-Hochdruck GmbH withdraws from the contract at the customer's instigation, in particular due to default in payment or in the case of clause 3. or any other unjustified rescission of the contract at the customer's instigation after delivery and the taking back of delivered goods, IBC-Hochdruck GmbH shall be entitled to claim damages and compensation for expenses.

IBC-Hochdruck GmbH shall be entitled to liquidated damages for non-performance in the amount of 25% of the net order volume. IBC-Hochdruck GmbH shall be reimbursed for expenses incurred as a result of the contract, e.g. outward and return transportation and assembly costs, etc., in the amount incurred in each case. The hourly flat rate per employee is EUR 65.00 plus VAT and the flat rate for travel costs is EUR 1.10 per km plus VAT. These cost rates also apply in the other cases of these General Terms and Conditions, according to which the customer has to bear costs. IBC-Hochdruck GmbH is at liberty to prove and claim higher damages instead of the lump-sum rates for damages, and the customer is also at liberty to demonstrate and prove that IBC-Hochdruck GmbH incurred lower damages. If the customer is in default of acceptance, he must pay the storage costs incurred after a delay of more than 14 days.

1. Data protection

The customer agrees that personal data included in the contract will only be used for internal processing and evaluation and will not be passed on to third parties. IBC-Hochdruck GmbH is entitled to obtain a credit report on the customer from SCHUFA (Schutzgemeinschaft für allgemeine Kreditsicherung) or another information agency. The customer expressly consents to this.

1. Place of jurisdiction and place of performance / choice of law

This contract is subject to German law.

The place of performance and jurisdiction for deliveries and payments, as well as all disputes arising between the parties, shall be the registered office of IBC-Hochdruck GmbH in 89185 Hüttisheim, provided the customer is a merchant, a legal entity under public law or a special fund under public law. However, IBC-Hochdruck GmbH is also entitled to sue the customer at his place of business. The relations between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is not domiciled in Germany, or moves his domicile out of Germany after conclusion of the contract, or if his domicile or usual place of residence is not known at the time the action is filed, the place of performance and jurisdiction shall be, at the discretion of IBC-Hochdruck GmbH, the registered office of IBC-Hochdruck GmbH or that of the customer.