General Terms and Conditions
General Provisions
Contracts are concluded exclusively under the inclusion of these General Terms and Conditions (GTC). These also apply to all future business relationships, even if they are not explicitly agreed upon. These GTC also apply if, despite knowing conflicting or deviating terms from the customer, we execute delivery to the customer without reservation.
Conclusion of Contract
The customer places an order with Druckerei Dietrich AG, which becomes valid even without confirmation. The print shop may refuse the order or withdraw from an already accepted order without notice, provided there is a valid reason based on the submitted print templates.
Prices
Price calculations are based on the available documents. The mentioned prices apply under the condition that the order data provided by the customer remains unchanged after the contract is concluded. Inaccurate information should be understood as non-binding guide prices. Additional costs caused by the customer, such as required template or manuscript corrections, additional processing of delivered data, or reproductions of unsuitable materials, must be charged. The same applies to the replacement of already delivered and processed data. Sketches, drafts, design proposals, proof copies after requested corrections, originals, and photographic works created for the customer will also be charged, even if no corresponding print order is placed.
Offer
Written offers are valid for three months from the date of issue, provided that the procurement of the intended materials and external work at previous conditions is possible. Prices are quoted net, plus VAT. For export shipments, the required customs documents for VAT exemption must be provided. Deliveries are made at the customer’s risk and expense, even for “free deliveries.” Transport and packaging costs, as well as additional services, will be charged based on effort. We are entitled, in the case of larger orders, collection orders, or new business relationships, to request partial or advance payments.
Delivery Conditions
Delivery is made on the agreed date from the print shop, subject to the timely availability of the necessary documents (image and text templates, manuscripts, data, etc.). In the case of author corrections and/or if data reprocessing is necessary, adjustments to the delivery date are reserved. If partial deliveries become necessary, the additional expenses will be charged to the customer. Exceeding the delivery date or non-compliance with the delivery deadline, for which Druckerei Dietrich AG is not at fault (operational disruptions caused by work stoppages, strikes, lockouts, power shortages, raw material shortages, or force majeure), does not entitle the customer to withdraw from the contract or hold Druckerei Dietrich AG liable for any resulting damage. In such cases, Druckerei Dietrich AG is entitled to delay the delivery or service by the duration of the hindrance plus a reasonable start-up time. In case of delays, Druckerei Dietrich AG’s liability is limited to the value of the goods, and only if a written delivery date confirmation was provided.
Payment Terms
Payment of the invoice amount must be made within 30 days of invoicing without any deductions. Druckerei Dietrich AG may, even after accepting the order, require payment guarantees. If these are not provided in the required form, the order processing may be stopped, and the costs incurred up to that point will be due immediately. Furthermore, Druckerei Dietrich AG is entitled to request advance payments to cover its expenses if the orders require significant financial commitments, either for materials or outsourced work, or because the order processing extends beyond two months. Paper and cardboard purchased at the customer’s request, which are not used within two months, may be invoiced by Druckerei Dietrich AG along with the associated handling costs.
Orders for Third Parties
For orders billed to a third party, the customer is responsible for ensuring timely payment. Otherwise, the customer assumes the obligation to pay. If the customer does not collect the goods within 8 days of notification of completion, Druckerei Dietrich AG is entitled to invoice the goods and store them internally or externally at the customer’s expense and risk.
Liability
Materials (manuscripts, data, photos, etc.) provided to us will be handled with the usual care. There is no liability if delivered data cannot be processed using standard procedures or if data loss occurs. The supplier’s liability is limited to errors caused by gross negligence. Any liability for direct or indirect damages exceeding the order value due to defects is excluded. The customer expressly assumes all risks associated with the use of the delivered product and is responsible for any resulting damage. Before production, the customer must check the documents provided for inspection (proof copies, press proofs, “ready for finishing” approval, etc.) for content and errors and return them clearly marked with any corrections in a timely manner.
Retention of Title
Druckerei Dietrich AG retains sole ownership of the delivered goods until full payment has been made.
Industry-Standard Tolerances
Industry-standard deviations in execution and materials, especially cutting accuracy, color fidelity of reproductions, tonal values, and material quality, are reserved. Tolerances imposed by suppliers on the printer also apply to the customer.
Supplied Materials
A proof produced in advance on the supplied material is binding for the print run. Material costs cannot be charged for defective prints or waste.
Over or Under Delivery
Over or under-deliveries of up to 10% of the ordered quantity – up to 20% for custom-produced materials – cannot be contested unless otherwise agreed. The actual quantity delivered will be invoiced.
Complaints and Notice of Defects
Complaints can only be considered within seven days of receiving the goods; otherwise, the delivery is deemed approved. If a justified and objective complaint is made, the defect will be remedied within a reasonable period. If Druckerei Dietrich AG lets the set deadline pass without remedying the defect, the customer can withdraw from the contract or demand a price reduction, excluding any other claims. The limitation period for all defect claims is one year according to Art. 210 OR. Transport damage must be recorded with the carrier immediately upon receipt of the goods.
Archiving
The print shop is not obligated to archive working documents (data, films, etc.). However, a specific archiving contract can be made in writing and for a fee. Without additional agreements, the mentioned documents will be stored free of charge for five years without warranty or guarantee and delivered to the customer, provided the customer has fulfilled their obligations to us.
Ownership and Copyrights
The reproduction and printing of all image and text templates, samples, and the like provided by the customer are carried out under the assumption that the customer holds the corresponding copyrights. The customer is solely responsible for ensuring no third-party rights are infringed. This also applies to stored archive data and their reuse. The customer retains ownership rights to their data and copyrights. However, the customer has no right to the retention or return of the provided data unless expressly agreed upon in the printing contract.
Place of Performance, Applicable Law, and Jurisdiction
The place of performance and jurisdiction for both parties (contracting parties) is Basel-Stadt. Swiss law applies. In cases of force majeure, any delivery obligation lapses. Swiss law governs all legal relationships between the customer and the supplier. Should any provision of these GTC or other agreements be or become invalid, it does not affect the validity of all other provisions or agreements.
Acknowledgment
Placing an order implies the customer’s acknowledgment of these general terms and conditions.