Ordinary part

The following sales and delivery conditions apply between the customer and Hertz bogtrykkergården a / s to the extent that they are not deviated from by express agreement between the parties.

 

§ 1 Offer and agreement

Offer is binding on Hertz bogtrykkergården a / s for 14 days from the date of the offer.

1. 2. An agreement has been entered into when the customer's acceptance has been received by Hertz bogtrykkergården a / s.

1. 3. Has the customer requested Hertz bogtrykkergården a / s to prepare concept development, creative presentations, original material

m.m., Hertz bogtrykkergården a / s is entitled to have this work paid for.

4. The offer is conditional on:

• Materials and processes can be machined as provided in the offer.

• The customer does not demand the work performed in partial deliveries instead of one total delivery as stated in the offer.

• The material submitted by the customer corresponds to the offer submitted by Hertz bogtrykkergården a / s.

 

§ 2 Price

2. 1. All prices are excl. VAT and delivery.

2. If there have been increases in wages, material prices, public taxes or other costs in the time leading up to the completion of the delivery, Hertz bogtrykkergården a / s is entitled to adjust the price with such documented increases.

3. If there has been a decrease in wages, material prices, public taxes or other costs in the time leading up to the completion of the delivery, the customer is entitled to demand that the price be adjusted by such documented decreases.

2. Prices in foreign currency are based on the currency in Danish kroner valid on the offer or order confirmation date. Hertz bogtrykkergården a / s reserves the right to change the price accordingly in the event of price changes before payment.

5. In addition to the price offered or agreed, Hertz bogtrykkergården a / s is entitled to demand payment for:

• Extra work as a result of the basic material that the customer has given Hertz bogtrykkergården a / s, proving to be incomplete, unsuitable or incomplete.

• Extra work as a result of the customer requesting corrections or changes to the delivered material after the work has begun.

• Extra work as a result of the customer making more corrections than agreed in the offer.

Overtime and other measures agreed with the customer after the conclusion of the agreement.

• Storage, delivery, handling and shipping of the customer's digital or analogue material and tools after delivery has taken place.

• Extra work as a result of the agreement not being able to be carried out in a continuous production due to the customer's circumstances.

 

§ 3 Delivery

Delivery takes place at the time agreed with the customer, subject to delays or obstacles due to:

• The customer's action or omission.

• Those in pkt. 8.1. mentioned circumstances.

In the event of these delays, Hertz bogtrykkergården a / s has the right to an extension of the delivery time or to terminate the agreement.

3. If an event such as the above causes fulfillment of Hertz bogtrykkergården a / s delivery obligations to become more expensive, Hertz bogtrykkergården a / s is obliged to fulfill the delivery obligations if the customer declares that he will pay the additional price calculated by Hertz bogtrykkergården a / s.

4. If no time for delivery has been agreed, Hertz bogtrykkergården a / s determines the time of delivery.

 

§ 4 Payment

Payment is made either on the date stated on the offer, order confirmation or invoice as the last timely payment date, otherwise in cash upon delivery.

4. Interest shall accrue from the due date with Hertz bogtrykkergården a / s interest applicable at any time. The interest rate is the current discount with a surcharge of 5%. The discount rate is determined by Danmarks Nationalbank and is changed on an ongoing basis.

4. At the request of Hertz bogtrykkergården a / s, the customer is at all times obliged to provide a bank guarantee as security for payment.

4. If the request is made after the conclusion of the agreement, Hertz bogtrykkergården a / s is obliged to indemnify the customer for any expenses associated with this.

 

§ 5 Property rights, copyright, etc.

5. 1. The copyright for the preparatory work and concepts developed by Hertz bogtrykkergården a / s, creative presentations, original material, etc. belongs to Hertz bogtrykkergården a / s and may not be left to third parties without the approval of Hertz bogtrykkergården a / s.

5. What Hertz bogtrykkergården a / s has provided or had provided by processors, intermediates, materials, tools, etc. for use in the delivery is the property of Hertz bogtrykkergården a / s. This applies regardless of whether the item provided is invoiced separately.

Intermediate material can e.g. be:

• Data obtained as a result of a scanning process in which an analog original is measured via a scanner.

• Copy image material to a new image.

• Manipulating colors in images to create a new image.

• Logos where e.g. diffusion information has been added.

Manipulated or modified texts and wrapping documents that differ from those possibly provided by the customer.

• Page documents where images are placed.

• Launch molds.

• Molds, etc.

5. 3. That in pkt. 5. 2. referred to may only be used for work for the customer and stored only by separate agreement.

 

§ 6 Delay

6. If a delay occurs, the customer is with that of pkt. 3. the following reservation is only entitled to terminate the agreement if he has at the same time as concluding the agreement clarified the significance of delivery taking place at a precisely specified time.

 

§ 7 Missing

7. 1. Hertz bogtrykkergården a / s is not responsible for errors that the customer has not corrected in writing in proofreading, including print, digital information, proofs and the like.

7. The customer is not entitled to a price reduction or to refuse to receive the ordered for minor deviations from the approved sample or agreed specification.

7. 3. Hertz bogtrykkergården a / s is entitled to a surplus or deficit of up to 10% of the agreed circulation. In cases where paper or other material is produced specifically for the order by others than Hertz bogtrykkergården a / s, Hertz bogtrykkergården a / s is entitled to a reasonable surplus or deficit delivery in excess of 10% of the agreed circulation, however not exceeding the material supplier's delivery conditions .

7. The customer is responsible for immediately complaining about a defective delivery. If a complaint is not made or the customer complains too late, the customer loses the right to claim the defect. Hertz bogtrykkergården a / s is entitled to remedy a defect if this can be done within a reasonable time.

7. Hertz bogtrykkergården a / s is not liable for errors or defects that can be attributed to the customer providing paper or other items for the delivery.

Examples of such errors can be:

• The customer submits finished wrapped pages, which subsequently turn out to be misspellings.

• The customer himself buys paper for the production, and that ghost pressure subsequently occurs, or that tone surfaces in the print appear uneven.

• The customer delivers ready-made printing molds with defects in ejection or diffusion.

7. 6. Hertz bogtrykkergården a / s is not responsible for incorrect placement of glued or inlaid elements, if the customer has not given Hertz a / s exact instructions in writing about their location.

7. 7. Hertz bogtrykkergården a / s does not guarantee missing or duplicate numbers for deliveries containing numbered works. For deliveries containing works which are numbered on receipt, any corrections of numbers are calculated extra.

 

§ 8 Liability

8. 1. In the event of delay and in the event of defects in the delivered goods, Hertz bogtrykkergården a / s has no liability where the delay or defect is due to:

• Fault in or damage to production equipment that has been proven to cause delay or damage to production.

• In case of labor disputes of any kind.

• Incidentally, any circumstance over which Hertz bogtrykkergården a / s does not control, such as fire, water damage, natural disasters, war, mobilization or unforeseen military calls of a similar extent, requisitioning, seizure, rebellion, unrest, currency restrictions, lack of means of transport, ordinary shortage of goods, restrictions on propulsion, export and import bans and other similar force majeure situation.

8. Delay or defective delivery is covered by the in pkt. 8. 8. the circumstances mentioned or the termination of the business.

8. 3. Hertz bogtrykkergården a / s is not liable for the customer's operating loss, loss of profit or other indirect loss, including loss due to the customer's legal relationship with third parties, cf., however, 8. 4., in case of delay or defects in it. delivered.

4. 4. Hertz bogtrykkergården a / s is liable in the event that a delivered product causes personal injury or causes damage to property if the object in question, by its nature, is usually intended for non-commercial use and is mainly used by injured parties in accordance herewith. Hertz bogtrykkergården a / s is only liable for business damage if it is documented that the damage is due to the fact that he or his people have made mistakes that should not have been averted during the customer's inspection of the delivered products. However, Hertz bogtrykkergården a / s is never responsible for damage caused to the customer's or others' production, to products packaged in / labeled with the delivered products or to items in the manufacture of which these products are included, unless it is documented that Hertz bogtrykkergården a / s side has been treated with gross negligence. Hertz bogtrykkergården a / s is never liable for operating losses, profit losses and other indirect losses. In the event that Hertz bogtrykkergården a / s is imposed liability for third parties in the event of a business injury that extends beyond the stipulated limits for Hertz bogtrykkergården a / s liability, the customer is obliged to indemnify Hertz bogtrykkergården a / s for this as well. as for litigation costs.

5. Hertz bogtrykkergården a / s is not responsible for the customer's lack of authority to reproduce, reproduce or publish writing, images, drawings, patterns, illustrations, texts, trademarks, other business characteristics and other equipment, including design or anything else that may be subject to the rights of third parties. If Hertz bogtrykkergården a / s incurs liability to third parties in connection with the customers' lack of authority to exercise third party's acquired rights, the customer holds Hertz bogtrykkergården a / s indemnified for such liability.

8. 6. Hertz bogtrykkergården a / s has no responsibility for loss or damage to property, such as. originals, materials and the like, which are not Hertz bogtrykkergården a / s, but which are left to the customer for the purpose of solving an agreed task or for the purpose of storage, including the storage of works performed by Hertz bogtrykkergården a / s . However, Hertz bogtrykkergården a / s is liable if it is proven that the loss or damage is due to gross negligent conduct shown by Hertz bogtrykkergården a / s or his people. The customer must arrange insurance for the item against damage and destruction.

 

§ 9 Subcontractors

9. Hertz bogtrykkergården a / s is entitled to have work performed in whole or in part by subcontractors.

 

§ 10 Periodicals / continuous contract work

10. If no other agreement has been made with the purchaser of periodicals / renewed contracts, a notice period of 3 months applies.

 

§ 11 The Sale of Goods Act

11. 1. Danish legislation, including the Sale of Goods Act, applies to this agreement to the extent that the legal situation is not determined in the text of the agreement or in these terms of sale and delivery. Any dispute regarding the interpretation of the agreement or the fulfillment and enforcement of the terms can only be brought before Danish courts in accordance with Danish venue rules. Valid from 1 August 2002.