1. In general – Area of validity
The following provisions apply to all deliveries and services. Deviating terms and conditions of the customer are only valid if we acknowledge them in writing. Even if we are aware of contradictory conditions or conditions that deviate from our sales terms, our conditions of sale still apply in rendering delivery to the buyer without reservation. Only our written order confirmation is decisive for orders made in writing or orally. We provide no guarantee for the scope of delivery for orders placed by phone for the rendering of a service at short notice. Oral agreements and understandings of any kind are only legally valid with our written confirmation. Should the buyer cancel an order that has been placed, at no fault of our own, we are entitled to invoice the buyer for all the costs incurred up to the time of cancellation. Our offers are binding for a period of 6 calendar weeks, thereafter they are non-binding. Specific deadlines mentioned in the offers are predominantly binding.
The rental object shall be provided solely for the agreed purpose and the agreed time period. An extension of the rental period requires our written permission. We are entitled to charge additional rent if the rental object is not returned by the agreed date.
Unless otherwise stipulated in the order confirmation, our prices shall apply ex warehouse Meckenheim, excl. packaging. The statutory value added tax is not included in our prices. It shall be shown separately in the invoice in the statutory amount on the day of invoicing. We are not bound to previous prices in case of follow-up orders.
4. Terms of payment
Payments are due net within 14 days after accounting. In principle, we are authorized to demand down payments or payments in advance. A discount deduction is not possible.
5. Delivery and delivery time
The delivery time mentioned in the offer or order confirmation is, in any case, to be considered non-binding and approximate. Delivery times are only binding for us with express written confirmation. Without the buyer’s express instruction, we are entitled to choose the route and type of transport at reasonable discretion.
6. Transfer of risk
The risk shall pass to the buyer when delivery is dispatched, even if additional services are rendered by us, such as transport costs.
7. Liability for defects
We guarantee that our products are free from material and manufacturing defects at the time of risk transfer. The buyer bears the sole responsibility for the practical suitability and the constructively correct design, even when he has received advice from us. We are entitled to make technical improvements, provided the use for the buyer is thereby not significantly affected. If any defects are acknowledged by us, we are obliged to provide replacement free of charge by repair, new delivery or by crediting the reduced value. Replaced goods are our property and, on request, are to be returned to us at the cost of the buyer. The renter can claim the replacement value for damages to rental objects and loss. Liability for rental material begins with the delivery when unloading the vehicle and ends with the loading of the retrieval from the venue. We assume no liability for damage to property or personal injury in connection with the use of the rental object.
The rental object is not insured. An insurance for the rental object is recommended for the duration of the event, including the setup and dismantling time. The goods we store are basically insured against fire and water damage.
We assume no liability for loss or damage of the templates and any type of work equipment sent by the customer, unless we or our agent have the burden of intent or gross negligence. Data carriers of any type sent to us by the customer are checked for so-called virus programs via customary recognition software. We will not process data carriers containing viruses. Delay costs for this reason shall be borne by the customer. In case we fail to recognize a virus program, in spite of all precautionary measures taken, the sender of the data carrier shall be liable for any arising damages thereby.
10. Retention of title
The delivered goods remain our property until our claims have been paid in full. Ownership of the delivered goods cannot be acquired by processing or combining with other products. We retain the right of removal towards the buyer. Unsettled payment requests from deliveries and services are transferred from the customer over the buyer to PROJEKTSERVICE Schwan GmbH.
When carrying out his order, the contractor is solely liable for any rights that are infringed, in particular the copyrights of third parties. The customer shall release us from any claims of third parties due to such infringement of rights. The rights of use of the work we present are not automatically transferred to the buyer. Drawings, designs and drafts must be approved by us for use. The buyer may by no means reproduce the works rendered and delivered by us. Files created by order of the buyer remain our property after the production/presentation.
12. Final provision and place of jurisdiction
Place of performance and payment for all deliveries and services and the prospective obligations thereof is Meckenheim. Place of jurisdiction is Rheinbach. If a provision of these delivery and payment terms is null and void, regardless of the reason, the validity of the remaining provisions shall not be affected.