General terms of sales and delivery

I. Application of our GTSD

1. All offers, sales and deliveries are subject to these General Terms of Sales and Delivery (GTSD). Our GTSD are in force from when the order is placed, at the latest on acceptance of the goods.

2. These GTSD apply for all present and future legally valid transactions.

3. The purchaser’s own general terms and conditions that deviate from, are contrary to or are in addition to these General Terms of Sales and Delivery are not a component of the sales contract – even in cases where they are acknowledged – unless where their application is expressly agreed to by us in writing.

II. Conclusion of contracts

1. Our offers are free and without obligation. The right to introduce technical changes or alterations in design, colour and weight in what is to be considered an acceptable degree are reserved.

2. By ordering the goods, the customer bindingly declares himself willing to purchase the goods ordered. We can declare acceptance of the order either in writing or through delivery of the goods to the purchaser.

3. The conclusion of the contract is subject to our own receipt of a correct and timely delivery from our suppliers. This applies only in the event that a failure to deliver is beyond our control, in particular in the event if a congruent hedging transaction was concluded with our supplier. The ordering party shall be informed without delay of the non-availability of the service. A return from the purchasing party shall be refunded without delay.

III. Prices

The valid list prices on the day of delivery apply, or the agreed upon prices with the addition of the statutory value added tax.

IV. Delivery times and delivery obligations

1. The delivery times and schedules are only approximate, except in cases where we have expressly designated these in writing as being binding.

2. Delivery schedules and obligations are suspended for as long as the purchaser is in arrears.

3. Compensation claims as a result of delayed delivery are excluded. Force majeure, operational interruptions, energy or raw material shortages, difficulties in procuring production materials and spare parts for machinery, strikes, lock-outs, interruptions to transport and orders from higher authority release us from the obligation to deliver for the duration of the interruption and to the extent of its effect. Furthermore, the abovementioned circumstances entitle us to withdraw from the contract either in full or in part.

4. Delivery periods or delivery dates are considered to have been fulfilled when the goods have left the warehouse before the deadline has expired or the purchaser has received a confirmation from us that the goods are ready for dispatch. Subsequent amendments to the contract will extend the delivery Deadline appropriately.

V. Shipping and packaging

1. Shipping is carriage paid to the place of receipt for the delivery of goods with a net purchase value of 380 Euros. Shipping is carriage paid to the purchaser’s address for goods with a net purchase value of 510 Euros. If the total net value of goods is not reached, we will apply an 11% surcharge that includes freight costs. We cannot accept orders under 150 Euros in value.

2. We offer a 2% discount when the customer collects goods from our location in Stützengrün.

3. Partial deliveries are considered independent deliveries.

4. All risk is transferred to the purchaser from the time goods are handed over to the freight company; this is also applies to deliveries to the place of receipt or the purchaser’s address.

5. Goods from call orders must be collected within two months after the order was placed.

6. Packaging will not be charged for, in as far as the packaging listed in our catalogue is used. Special packaging will be invoiced.

VI. Terms of payment

1. Payment will be invoiced on the day of shipping or on notification of readiness for the collection of goods.

2. Unless otherwise agreed upon, our invoices are to be paid within 14 days of the issue date with a 2% discount, or in full 30 after issue date.

3. The purchaser is in arrears after expiry of this deadline. The payment that must be made for the duration of the default term is 8% above the basic interest rate. We reserve the right to prove higher default damages and to assert such claims.

4. The purchaser has a right to offset order costs only when his counter-claims have been legally established, or we have accepted them. The purchasing party may exercise a retention right only if his counter-claim arises from the same contractual relationship.

VII. Retention of title

1. We retain ownership of the goods until payment for all claims arising from the current business relationship has been received in full. Decisive for the date of payment is when we receive the funds.

2. The purchasing party has the obligation to handle the goods with care.

3. The purchasing party is under obligation to inform us without delay should the goods be seized by a third party, or if the goods are damaged or destroyed.. Thepurchasing party is under obligation to inform us without delay of any change in the possession of the goods, or of any change of their business address.

4. We have the right to withdraw from this contract and demand return of the goods in the event of behaviour contrary to these terms on the part of the purchasing party, in particular in the case of default of payment or an infringement of an obligation according to Sections 3 and 4 of the regulations outlined in the contract.

5. The purchasing party has the right to sell retained goods onwards in the course of an orderly business transaction. He hereby transfers all claims receivable to us in the amount of the invoice due to us that arise from the sale to a third party. We hereby accept this transfer of claims. The ordering party has the right to collect the claim following this transfer. We reserve the right to collect on the claim ourselves from the moment the purchasing party fails to meet his payment obligations in an orderly manner and goes into payment default.

6. The product descriptions in the catalogue shall be deemed to be the agreed quality of the goods. Public statements, claims or advertising of the manufacturer do not constitute any additional contractual quality of the goods. If the goods are treated and processed by the purchaser, it will at all times be in our name and on our instructions. Should the goods be processed using objects that are not our property, we shall obtain co-ownership of the newly produced item in proportion to the value of the goods delivered by us to that of the processed item. The same also applies if the goods are mixed with other objects that are not in our ownership.

VIII. Guarantee and warranty

1. We shall provide warranty for faulty goods subject to our choice (supplementary performance) by either rectifying the fault or providing a replacement delivery.

2. Should the supplementary performance be unsuccessful, the purchasing party has the right to request a price reduction or a revocation of the contract (withdrawal). In the event of a minor contractual infringement, in particular in the event of minor faults, the purchasing party does not have a right of withdrawal.

3. The purchasing party must inform us in writing of obvious faults within 8 days of receiving the goods; the assertion of warranty claims is otherwise ruled out. The purchasing party has the burden of proof for all claim eligibility requirements, in particular for the fault itself, for the time at which the fault was established and for timeliness of the complaint.

4. Should the purchasing party choose to withdraw from the contract due to a defect of title or material defects after an unsuccessful supplementary performance, he is not eligible for further claims for damages resulting from the fault. Should the purchasing party choose a compensation claim due to an unsuccessful supplementary performance, the goods shall remain with the customer if this can be considered as acceptable. The compensation is limited to the difference between the purchase price and the value of the faulty object. This does not apply in cases where the contractual infringement was malicious.

5. The warranty term is one year from the delivery of the goods. The warranty does not apply to the sale of used goods, or to goods sold as declared material. The above warranty periods do not apply when the purchasing party has failed to report the fault to us within the timeframe specified (Point 4).

6. The product descriptions in the catalogue shall be deemed to be the agreed quality of the goods. Public statements, claims or advertising of the manufacturer do not constitute any additional contractual quality of the goods.

IX. Limitations of liability

1. In case of slight negligent infringements of obligation our liability is restricted to the foreseeable, contract typical, direct average damages in accordance with the nature of the goods. This also applies in cases of negligent infringement of obligation on the part of our representatives or vicarious agents. We are not liable for cases of negligent infringement of insignificant contractual obligations.

2. The above limitations of liability do not affect the product liability rights of the purchasing party. The liability limitations also do not apply to us in case of bodily injury or damage to health or the death of the purchasing party.

3. Liability claims submitted by the purchasing party due to a defect expire one year after the delivery of the goods. This does not apply if we can be accused of malicious intent.

X. Custom orders

1. The agreed upon delivery dates for custom orders apply; these, however, are dependent on whether our subcontractors comply are able to maintain their schedule.

2. The costs for dies and screen printing stencils, as well as tool costs for custom orders will be borne by the purchasing party.

XII. Collateral agreements

Verbal agreements, declarations and assurances require our written confirmation.

XIII. Export

These GTSD apply insofar as other terms have not been agreed upon. XIV. Place of fulfilment and Court of jurisdiction

1. The law of the Federal Republic of Germany applies. The terms of UN commercial law are not applicable.

2. The court of jurisdiction for our business headquarters has exclusive jurisdiction for all disputes arising from this contract when the purchasing party is a businessperson, a legal entity under public law or a separate estate under public law. The same also applies when the purchasing party does not have a general court of jurisdiction in Germany, or when his/her place of residence or temporary address is unknown at the time when the claim is made.

3. Stützengrün, Germany, is the place of fulfilment for delivery and payment.

4. Should separate terms of this contract with the purchasing party including the General Terms of Sales and Delivery be or become ineffective in full or in part, the validity of the other terms shall remain unaffected by this. The fully or partially ineffective term shall be replaced by a valid term that most closely resembles the business intention of the ineffective one. Subject to changes due to technical progress and the development of product ranges.