We are not satisfied with satisfactory results. And what’s good, you can still do better. Inspiring results for enthusiastic customers: This is what drives us.
Clear and binding agreements, trusting cooperation and reliability are the basis of our work. We just expect the same from our customers as well as from our suppliers and production partners.
When there’s trust, a handshake can seal a contract – that’s why we are doing everything we can to rule out misunderstandings.
Nevertheless, small print must also be, and this can be found here:
Our general terms and conditions:
Validity of the conditions:
All deliveries and services provided by König Konzept, whether they involve deliveries of goods, production orders, services such as consulting, research on behalf of customers, etc., are provided exclusively on the basis of these terms and conditions. They also apply to all future business transactions, even if they are not expressly agreed upon again. Deviations from our general terms and conditions agreed upon in individual cases must be made in writing and apply exclusively to that specific case. Our abbreviated terms and conditions for individual business areas explicitly point to relevant details but are based on these general terms and conditions.
Our terms and conditions are deemed accepted upon receipt of the goods or services at the latest.
Any terms and conditions of our contractual partners that conflict with our terms and conditions are hereby rejected.
Offer and conclusion of contract:
Our offers are subject to change and non-binding until we confirm the order in writing. This
also includes delivery dates. Any ancillary agreements that
extend beyond the scope of the written contract must be made in writing.
We are not responsible for impediments due to force majeure or events that significantly impede or make it impossible for us to provide deliveries or other services (such as strikes, lockouts, official orders, etc., even if they occur with our suppliers or subcontractors), even if binding deadlines and dates have been agreed upon. These events entitle us to postpone delivery or service until the impediment is resolved, or to withdraw from the contract in whole or in part.
Default by the client in the case of agreed partial deliveries and partial payments entitles us to suspend the performance of deliveries and services until our outstanding claims have been settled. We will claim any damages we may incur as a result, for example, due to our continued obligation to fulfill our obligations to our suppliers or lost profits.
Delivery to private customers:
Our company and delivery structure does not allow us to grant private consumers the special protection provided for by case law and, for example, by Section 312 of the German Civil Code (BGB). We must therefore treat orders from private customers on the same basis as is customary in business transactions, and these terms and conditions are based on this. For orders from private customers, we therefore always point out that cancellation of an order already in progress or the return of faultless goods is excluded.
Defective or incorrectly delivered goods are, of course, not affected by this.
Deliveries and transfer of risk
All prices for deliveries and services are subject to the applicable statutory
value-added tax. Unless otherwise agreed, deliveries are ex works from our contractual partners.
Shipping is at the customer’s risk from the moment the goods are handed over to the shipping service provider. If shipping is delayed at the customer’s request or becomes impossible through no fault of our own, the risk is transferred to the customer upon notification of readiness for shipment.
If the customer defaults on acceptance, we are entitled to demand compensation for any damages incurred.
We are entitled to make partial deliveries and provide partial services at any time.
Compliance with our delivery and service obligations requires the timely and proper fulfillment of the client’s obligations.
Obvious damage to deliveries must be reported to the freight forwarder or courier upon receipt and noted on the shipping documents, subject to acceptance if applicable. Returns of goods, regardless of the reason, are only possible with an express agreement regarding the type and destination of the return transport and at the sender’s risk. We will invoice any damage as well as any additional costs incurred by us for further transport to the correct recipient of the goods, necessary repackaging, and interim storage costs, or deduct the amount from any agreed refunds.
Warranty:
The customer must inspect the goods immediately upon receipt for defects or the lack of guaranteed characteristics. Any defects or lack of guaranteed characteristics must be reported in writing no later than one week after receipt of the goods. Defects that cannot be discovered within this period, even with careful inspection, must be reported to us in writing immediately upon discovery. This also applies to services rendered.
Defects in part of a delivery do not constitute a complaint about the entire delivery.
Over- or under-deliveries are generally possible and are to be expected, especially for custom productions. We
deliver and invoice the quantities actually produced. Color and surface variations due to the nature of the raw material and its processing, as well as material-related tolerances in thickness, shape, and cut, do not constitute defects unless specific properties and tolerances have been guaranteed in writing.
If the client provides us or our contractual partners with goods for processing, the client is responsible for the suitability of the material and compliance with the required properties, as well as for providing sufficient quantities to fulfill the order. We and our contractual partners are only liable for the processing of goods if they were obviously defective upon delivery. We will invoice the client for any additional costs and damages incurred by us or our contractual partners due to the processing of defective goods.
If manufacturing according to drawings, specifications, samples, or similar has been agreed, the final samples we submitted for approval prior to delivery shall be decisive for quality and execution. Approval of the approval samples by the client precludes subsequent complaints about defects, provided the delivered items conform to the approved approval samples. We assume no liability for the intended use.
We reserve the right to repair defective goods returned to us or our contractual partners within a reasonable period of time. Only if this repair fails can the customer demand a reduction in the payment.
We are not liable for defects in goods delivered by us or our contractual partners to third parties if these defects would have been apparent to the third party from the order placed with them and a simple inspection of the goods. Therefore, our customer must issue a clear order to the third party processing the goods, specifying the conditions we must meet.
Retention of title:
The goods remain our property until all claims and ancillary claims have been paid in full (see “Payment”). Until this has been done, they are considered reserved goods. The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledging or transferring ownership by way of security is prohibited. The customer hereby assigns to us in full, as security, any claims arising from the resale or any other legal basis relating to the reserved goods, including all balance claims from current accounts. We revocably authorize the customer to collect the claims assigned to us for his own account in his own name. This collection authorization can only be revoked if the customer fails to properly fulfill his payment obligations.
In the event of third-party access to the reserved goods, in particular in the event of seizure, the customer will point out our ownership and notify us immediately so that we can enforce our ownership rights. If the third party is unable to do so, the customer shall be liable for any legal and extrajudicial costs incurred by us in this connection.
In the event of breach of contract by the customer, in particular default in payment, we are entitled to take back the reserved goods and, if necessary, demand the assignment of the customer’s claims for return against third parties. The taking back or seizure of the reserved goods by us does not constitute a withdrawal from the contract.
Molds and other tools remain our property unless a transfer to the customer has been expressly agreed , even if the costs incurred form part of the sales price or are otherwise reimbursed by the customer.
We retain ownership and copyright to our drawings, specifications, samples, etc., unless expressly agreed to transfer to the client. Unless this has been done, they may not be made accessible to third parties.
Payment:
Our payment terms vary depending on the nature of the transaction. Our invoices are payable according to the terms agreed upon for each order. Cash discounts are only accepted within the agreed limits. Our retention of title also applies to cash discounts deducted in excess of the agreed limits and to deductions due to claims for complaints not confirmed by us in writing.
For new customers, customers abroad, and those where we have reason to believe they will not meet their payment obligations, we deliver or provide services on an advance payment basis. We also reserve the right to request advance payments for materials used and partial deliveries. This also applies to services rendered.
Clients who specify a third party as the recipient of our invoice remain responsible for settling our invoice. Should the named invoice recipient fail to make payment, the client assumes the payment obligation in their place. We reserve the right to refuse to invoice third parties.
Delayed payment entitles us to withdraw any discounts or other benefits granted.
A payment is only deemed to have been made when we have access to the amount. In the case of checks, payment is only deemed to have been made when the check has cleared.
Limitations of liability:
If we are required to deliver according to drawings, specifications, samples, etc. provided by the client, the client assumes liability for ensuring that we or our contractual partners do not infringe the intellectual property rights of third parties.
We assume no liability for the quantity and quality of any items provided (see also “Warranty”).
Claims for damages arising from positive breach of contract, negligence upon conclusion of the contract, and
tort are excluded against us and our contractual partners, vicarious agents, or employees, unless there is intentional or grossly negligent conduct. This also applies to claims for damages due to non-performance. Any liability is limited to the damage foreseeable at the time of conclusion of the contract. Our liability under the Product Liability Act and the assertion of other claims arising from producer liability remain unaffected.
Damages resulting from the processing of goods delivered by us or our contractual partners by our client or its contractual partners are excluded unless suitability for the processing purpose was a written part of the delivery obligation.
Default in payment occurs even without a reminder. If the client defaults, we are entitled to demand interest at the current overdraft interest rate of our bank from the date of default. We are entitled to provide evidence of greater damages.
If we become aware of circumstances that call into question the client’s continued creditworthiness, in particular if a check is not cashed or the client stops making agreed partial payments or if we have other reasons to believe that our claim can no longer be settled within the agreed payment period, we are entitled to demand immediate payment of the entire remaining debt.
We reserve the right to initially offset payments made by the client against their older debts. We will inform the client of the method of offsetting. If costs and interest have already been incurred, we reserve the right to offset the payment first against the costs, then against the interest, and finally against the principal.
Severability clause:
Should individual provisions of these Terms and Conditions be invalid or unenforceable, or become invalid or unenforceable after the business relationship has been established, for example because they already deviate from general case law upon presentation or because modification becomes necessary due to changes in law, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect most closely approximates the economic objective pursued by the client and König Konzept Alfred König with the invalid or unenforceable provision. The above statements shall apply accordingly in the event that the Terms and Conditions prove to be incomplete.
König Konzept – Alfred König
The communications and production agency specifically for customers and companies with products in need of explanation and customers in the paper and print media industry.
Heldackerweg 4
DE – 81827 Munich
Tel. +49 / 89 / 99 01 67 51
Email: schlosstor@koenig-konzept.com
Web: www.koenig-konzept.com