GENERAL TERMS AND CONDITIONS
Owner Daniel Lemley
51103 Cologne, Germany
1. General, Scope
All offers, deliveries and other services for the domain pressureandink.com, as well as all printing strips of PI Screenprinting / Inh. Daniel Lemley – also in the future – are exclusively based on these general terms and conditions. Counter-confirmations of the customer with reference to his terms and conditions of business or purchase are hereby contradicted. Deviating terms and conditions of the customer can only become part of the contract if they have been expressly accepted in writing by PI Screenprinting Inh. Daniel Lemley.
2. Subject matter of the contract
The following terms and conditions form the basis for all services provided by PI Screenprinting / Inh. Daniel Lemley, in particular for textile finishing and all printing services.
3. Scope of Service
The written order confirmation from PI Screenprinting / Inh. Daniel Lemley or – in the case of an offer by PI Screenprinting / Inh. Daniel Lemley and its timely acceptance – our offer is decisive for the scope of service. Additional agreements and changes require the express written confirmation of PI Screenprinting / Inh. Daniel Lemley. If PI Screenprinting / Inh. Daniel Lemley recognizes circumstances in the course of a project that could endanger the success of the project, the client must be informed immediately. PI Screenprinting / Inh. Daniel Lemley is entitled to call in third parties as vicarious agents. During production, there may be an increase or decrease in production. The order is also considered fulfilled if this deviating production is within the range of + or – 10%. A corresponding claim or credit note to the customer is to be accepted and settled.
Prices are inclusive of statutory value added tax of 19%, plus packaging and shipping. Price increases and additional services must be communicated to the customer immediately and require the customer’s consent in order to properly execute the order. If the client does not agree, PI Screenprinting / Inh. Daniel Lemley can revoke the offer/order. All additional costs incurred due to the fault of the client are also to be borne by the client. PI Screenprinting / Inh. Daniel Lemley is entitled to charge additional expenses. All products/services remain the property of PI Screenprinting / Inh. Daniel Lemley until paid for by the client.
5. Customer Obligation
The customer has the obligation to cooperate in the fulfillment of the order and to provide the appropriate materials. If, for example, artwork has to be reworked, PI Screenprinting / Inh. Daniel Lemley is no longer responsible for the timely completion of the order.
6. Changes to the service to be provided
All changes to the order must be mutually acknowledged and agreed upon.
7. Delivery or Service Period, Acceptance, Default of Acceptance
If a delivery or service period has been agreed upon, this period begins with the date of the order confirmation by PI Screenprinting / Inh. Daniel Lemley, but not before the provision of the documents, releases to be procured by the customer and the complete clarification of the details of the desired execution to be specified by the customer. The delivery or performance period shall be reasonably extended – even within a delay – in the event of force majeure and all unforeseeable obstacles occurring after conclusion of the contract for which PI Screenprinting / Inh. Daniel Lemley is not responsible, as soon as such obstacles can be proven to have an influence on the performance of the service owed. This also applies if these circumstances occur with upstream suppliers. PI Screenprinting / Inh. Daniel Lemley will inform the customer of the beginning and end of such hindrances as soon as possible. If the impediment lasts longer than three months or it is determined that it will last longer than three months, both the customer and PI Screenprinting / Inh. Daniel Lemley may withdraw from the contract. If the client is in arrears with the acceptance of the service or the payment due to circumstances for which he is responsible, PI Screenprinting / Inh. Daniel Lemley can withdraw from the contract or demand compensation for damages due to non-fulfillment after a reminder and fruitless expiration of a reasonable grace period set by PI Screenprinting / Inh. Daniel Lemley.
8. Delivery, shipping and transfer of risk
PI Screenprinting / Inh. Daniel Lemley chooses a shipping company of its choice. Shipping costs are to be borne by the customer. If the customer is in default of acceptance, the order is nevertheless considered fulfilled. Packages and goods are to be inspected upon receipt and defects are to be reported immediately to PI Screenprinting / Inh. Daniel Lemley.
9. Ownership and usage rights, self-promotion
PI Screenprinting / Inh. Daniel Lemley is entitled to display the ordered goods for advertising and promotional purposes on its own homepage and social media channels. Furthermore, a print sample may be created, which serves as a non-saleable sample.
PI Screenprinting / Inh. Daniel Lemley and the Customer are obligated to keep confidential any trade and business secrets as well as other confidential and protectable matters of the other party that are entrusted or become known from or in connection with the fulfillment of the order and not to use them for their own or third party purposes, but only for the legitimate fulfillment of the task. The parties shall also impose a corresponding obligation on their employees deployed by them in the project and other third parties involved by them in the project.
The customer shall notify defects of any kind – with the exception of hidden defects – in writing immediately after delivery, insofar as this is feasible in the ordinary course of business; otherwise the performance shall be deemed approved. Hidden defects shall be notified in writing immediately after discovery; otherwise the goods shall be deemed approved also in view of these defects. The limitation period for warranty claims is one year. This period shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort or product liability claims are asserted. As a warranty, the customer may initially only demand rectification of defects. PI Screenprinting / Inh. Daniel Lemley may, however, at its discretion – instead of rectifying the defect – deliver a replacement item. If PI Screenprinting / Inh. Daniel Lemley is not willing or able to repair/replace the defective item, in particular if the repair/replacement is delayed beyond a reasonable period of time for reasons for which PI Screenprinting / Inh. Daniel Lemley is responsible for, or if the rectification/replacement delivery fails in any other way, the customer is entitled, if further attempts at rectification are unreasonable for him, to demand either cancellation of the contract (withdrawal) or a reduction of the price (abatement). In the case of defects in repaired parts or in items delivered as replacements, the limitation period for warranty claims shall again be one year. As long as the rectification/replacement delivery has not finally failed, the customer can neither demand a reduction of the remuneration for the work nor cancellation of the contract. As long as PI Screenprinting / Inh. Daniel Lemley is not in default with the rectification of defects and the rectification has not finally failed, the client is not entitled to have defects rectified by third parties.Upon request, the client will provide PI Screenprinting / Inh. Daniel Lemley with reasonable documentation and information that will enable PI Screenprinting / Inh. Daniel Lemley to assess and rectify the defect. The customer’s employees will provide PI Screenprinting / Inh. Daniel Lemley with comprehensive information for the purpose of identifying and eliminating the defect. A warranty obligation does not exist for defects for which the customer is responsible or for defects that are based on faulty data transmission. Furthermore, PI Screenprinting / Inh. Daniel Lemley is not liable for the admissibility of the services provided under competition, copyright, trademark and/or design law. However, PI Screenprinting / Inh. Daniel Lemley will inform the client of any legal concerns that are recognizable to PI Screenprinting / Inh. Daniel Lemley. Furthermore, PI Screenprinting / Inh. Daniel Lemley will not be liable for copyright, trademark and/or registered design protection or registrability. Complaints regarding artistic design are excluded. Furthermore, PI Screenprinting / Inh. Daniel Lemley is liable for damages due to defective performance in accordance with the statutory provisions in cases of intent and gross negligence. PI Screenprinting / Inh. Daniel Lemley is also liable if the customer claims damages for non-performance due to the absence of an agreed quality. If PI Screenprinting / Inh. Daniel Lemley violates a cardinal obligation or an obligation essential to the contract with simple negligence, PI Screenprinting / Inh. Daniel Lemley’s obligation to pay damages is limited to the foreseeable damage typical for the contract. In all other respects, further claims of the customer due to defective performance – for whatever legal reason – are excluded, so that PI Screenprinting / Inh. Daniel Lemley is not liable in this respect for loss of profit or other financial losses of the customer.
PI Screenprinting / Inh. Daniel Lemley is liable in accordance with the provisions of the Product Liability Act and in cases of culpable inability and culpable impossibility. In all other cases of liability, the limitation of liability or exclusion of liability of § 13, para. 8 shall apply accordingly, in particular in the case of claims due to culpa in contrahendo, breach of ancillary obligations (in particular incorrect or omitted advice or breach of duties to protect), delay in delivery and performance and tort, whereby the delay in delivery and performance constitutes the breach of a material contractual obligation within the meaning of § 13, para. 8. Insofar as the above exclusion or limitation of liability relates to any claims arising from the legal grounds of culpa in contrahendo, the parties agree that the exclusion or limitation of liability includes a waiver or partial waiver.The Internet is an open and therefore vulnerable system. Claims for compensation for damage caused by the failure of an Internet server, sabotage or program errors cannot be asserted. Due to various factors beyond the control of PI Screenprinting / Inh. Daniel Lemley, 100% availability of the server cannot be guaranteed. PI Screenprinting / Inh. Daniel Lemley cannot be held liable for data loss that is not due to intentional or grossly negligent behavior on the part of PI Screenprinting / Inh. Daniel Lemley. The customer is responsible for backing up data. PI Screenprinting / Inh. Daniel Lemley accepts no liability for any damage caused to data transferred to the server. PI Screenprinting / Inh. Daniel Lemley assumes no liability for display deviations of the web design with different Internet browsers and browser versions on unknown computer systems and computer configurations. Insofar as the liability of PI Screenprinting / Inh. Daniel Lemley is excluded or limited due to the above provisions (also according to § 13 para. 7), this also applies to the personal liability of all employee representatives and vicarious agents of PI Screenprinting / Inh. Daniel Lemley. If the customer interferes with the delivered works without the written consent of PI Screenprinting / Inh. Daniel Lemley, the liability of PI Screenprinting / Inh. Daniel Lemley for the resulting damage is excluded. PI Screenprinting / Inh. Daniel Lemley reserves the right to claim damages. The statute of limitations of the client’s claims against PI Screenprinting / Inh. Daniel Lemley is governed by § 13 Para. 2, insofar as it is not a matter of claims arising from tort or under the Product Liability Act.
13. Retention of title and other securities
PI Screenprinting / Inh. Daniel Lemley retains title to the delivered items until complete fulfillment of all – including future – claims including all ancillary claims arising from the business relationship with the customer. If there is a current account agreement with the customer, the retention of title shall exist until the acknowledged balance has been settled in full. In the case of acceptance of a check or bill of exchange, fulfillment does not occur until the check or bill of exchange has been cashed and PI Screenprinting / Inh. Daniel Lemley can dispose of the amount without recourse risks. In case of default of payment or if the customer violates other essential contractual obligations, PI Screenprinting / Inh. Daniel Lemley is entitled to take back the reserved goods temporarily. The exercise of the right to take back the goods does not constitute a withdrawal from the contract. If the realizable value of the securities granted by PI Screenprinting / Inh. Daniel Lemley according to the aforementioned provisions exceeds its claims against the customer by more than 10%, not only temporarily, PI Screenprinting / Inh. Daniel Lemley will release securities to this extent at its own discretion upon the customer’s request. The aforementioned coverage limit of 110% shall be increased by the amount of value added tax if PI Screenprinting / Inh. Daniel Lemley is charged with value added tax on the realization of the collateral goods as a result of a delivery by the customer to PI Screenprinting / Inh. Daniel Lemley that is subject to value added tax.
Insofar as the contract is subject to contract law, it may be revoked or terminated by either party at any time. If the customer terminates the contract, he must pay in full for the services rendered by PI Screenprinting / Inh. Daniel Lemley up to that point. If the termination is untimely, any additional damages must also be compensated. Insofar as the law on contracts for work and services applies, the contract may be terminated by either party in the cases expressly provided for by law or for good cause. If the client terminates the contract before the work is completed, the client must fully indemnify PI Screenprinting / Inh. Daniel Lemley. Full indemnification according to paragraph 2 consists of the withdrawing client paying in full for the work already performed by PI Screenprinting / Inh. Daniel Lemley and assuming a flat rate of 30% of the work not yet performed as compensation for damages. PI Screenprinting / Inh. Daniel Lemley is free to prove higher damages. Any termination must be in writing.
15. Final Provisions
The Client authorizes PI Screenprinting / Inh. Daniel Lemley, waiving notification, to process personal data within the scope of the permissibility of the Federal Data Protection Act, insofar as this is necessary for the performance of the contractual relationship. All data necessary for order processing will be stored by PI Screenprinting / Inh. Daniel Lemley in electronic files. The transfer of this electronic data to third parties does not require the client’s consent, insofar as it is required for the marketing of further campaigns. Additions, amendments or collateral agreements to these terms and conditions must be made in writing in order to be effective. This also applies to the waiver of the written form requirement. Should individual provisions of these General Terms and Conditions be invalid or void, the invalid provision shall be replaced by a provision to be agreed between the parties with the content that comes closest to the invalid or void provision. The same applies to incomplete provisions.Unless otherwise agreed, the place of performance is Cologne.
Owner Daniel Lemley
(Directions via Zechenstraße,
Gewerbehof „Eigen und Steingass“)
51103 Köln - Kalk
(+49) 163 4824797