The GTC of Druckerei Kyburz AG as PDF for download: GTC
Note The following General Terms and Conditions are customary in the industry; they must be brought to the attention of the customer when the offer is made. Our terms and conditions for the storage of work documents and data are very customer-friendly. In the interest of the printer, all quotations and order confirmations must be submitted in writing.
Quotations Unless otherwise stated, the price calculations in the quotations are based on complete documents and data suitable for processing, as well as binding, unambiguously designated content, status and dimensions. Offers made on the basis of imprecise or not yet available documents shall always have a non-binding indicative price character. For unlimited offers, the price commitment expires after 90 days.
Prices Unless otherwise agreed, the prices quoted or confirmed are always net prices ex supplier, plus VAT and transport costs. They are subject to possible material price surcharges or wage increases under collective bargaining agreements that may occur before the order is completed and whose price consequences will be communicated to the customer without delay.
Terms of payment Payment of the invoice amount must be made within 30 days of the invoice date without any deductions. The Printer may request payment guarantees even after acceptance of the order. Failure to do so may result in the suspension of further order processing, with accrued costs becoming due without delay. If orders require the commitment of large sums of money, either for material and external work or because the order processing takes more than two months, the printer is entitled to demand advance payments to cover his expenses. The amount of advance payments and their due date shall be specified in the order confirmation. Paper and cardboard purchased at the request of the customer, which is not used within three months, will be invoiced by the printer with a charge for the associated expenses.
Delivery deadlines Firmly assured delivery dates are only valid if the necessary documents are received by the printer as agreed. If the approval for printing is not given within the stipulated period, the printer is no longer bound to the agreed delivery deadline. Exceeding the delivery date or failure to meet the delivery deadline for which the Printer is not responsible (e.g. operational disruptions caused by work stoppages or strikes, lockouts, power shortages, shortages of raw materials as well as all cases of force majeure) do not entitle the Client to withdraw from the contract or to hold the Printer responsible for any damage incurred. In case of missed deadlines, the printer is liable at most up to the amount of the value of the goods and only if a written deadline confirmation is available.
Default of acceptance If the customer does not accept the goods within a reasonable period of time after notified completion, the printer is entitled to invoice the goods and to take them into storage himself or to store them outside at the customer's expense and risk.
Copyrights/rights of use The client assures the manufacturer that he has acquired the personal and copyright processing rights to the provided image and text data necessary to achieve the purpose of the contract and that he may transfer them to the manufacturer.
Reproductionrights The reproduction and printing of all image and text templates, samples and the like made available to the printer by the customer shall be subject to the condition and assumption that the customer owns the corresponding reproduction rights. This also applies to stored archive data and its reuse.
Tolerances customary in theindustry Deviations in design and material customary in the industry, in particular with regard to cutting accuracy, fidelity of the reproduction, tonal value and quality of the print media (paper, cardboard, etc.), are reserved. If tolerances are imposed on the printer by suppliers, these shall also apply to the printer's customer. Excess or short deliveries of up to 10% of the ordered quantity cannot be objected to unless otherwise agreed. The quantity actually delivered will be invoiced.
Reduction of print run If the paper production cannot be changed, the printer can charge a part of the costs (difference to the waste paper).
Complaints The work delivered by the Printer must be inspected upon receipt. Any complaints regarding quality and quantity must be made within 8 days of receipt at the latest, otherwise the delivery is considered accepted. In the event of justified complaints, compensation for damages will be made within a reasonable period of time in accordance with the statutory provisions. The above limitations of liability shall remain reserved.
Material supplied by the customer Material procured by the customer, which must be suitable for processing, is to be delivered to the printer free of charge. The customer is liable for all damages that may arise from any unsuitability of the material (quality, quantity). This also includes storage of the material for the account and at the risk of the customer.
Call-off orders The additional costs incurred in the case of call-off orders for the use of the warehouse and the interest on the capital tied up in the order (labor, material) shall be borne by the customer.
Mailings The customer is responsible for compliance with the postal conditions of a mailing. Postage costs that cannot be charged directly to the sender's postal account are subject to VAT.
Limitations of liability The printer does not assume liability for faulty and incomplete delivered documents as well as for data loss of delivered files that are to be processed further. The liability of the printer is limited to errors caused by him, which are due to gross negligence. Any liability exceeding the order value for any further direct or indirect damage or consequential damage resulting from defects is excluded, subject to the mandatory provisions of the Product Liability Act of 1.1.1994 vis-à-vis the end user.
Thecustomer shall be obliged to check the control and test documents (press proofs, copies, files and the like) sent to him prior to the final production of the order for errors and to return them within the agreed period with the approval for printing and any correction instructions. The client is responsible for the completeness of his information. The printer is not liable for errors overlooked by the client and for work and corrections carried out by the client himself. If the customer fails to comply with the aforementioned obligations to cooperate and check, the printer shall not be liable. If, in accordance with the agreement, the submission of control and inspection documents is waived or if the Client calls off films, files or printing plates directly without such documents, the Client shall bear the full risk. Corrections and changes made by telephone must be confirmed in writing by the client within 24 hours, otherwise no legal effects can be derived.
Retention of working documents and data Where the printer produces the entire pre-press stage, the client will receive the working documents supplied by him back after completion of the order. Where digital data is supplied and the printer only makes final corrections, the customer shall receive the supplied data carriers back. The final data with which printing was carried out are the property of the client; they are archived internally at our company for three years and delivered free of charge upon request. This is a special service free of charge for the customer. The printer only guarantees the completeness of the data for orders where he has done the complete pre-press. In case of data handling, the risk lies with the client, also for force majeure.
Place of performance, jurisdiction and applicable law The place of performance for both parties is Dielsdorf. The ordinary courts of the place of printing shall be competent to judge any disputes, unless otherwise agreed. Swiss law is applicable.
Acknowledgement of the General Terms and Conditions The placing of a printing order implies the acknowledgement of these General Terms and Conditions by the customer.
Druckerei Kyburz AG 8157 Dielsdorf, October 2012