{"id":5778,"date":"2023-05-03T17:53:05","date_gmt":"2023-05-03T15:53:05","guid":{"rendered":"https:\/\/ari-international.com\/gtc\/"},"modified":"2024-10-23T13:07:20","modified_gmt":"2024-10-23T11:07:20","slug":"gtc","status":"publish","type":"page","link":"https:\/\/ari-international.com\/en\/gtc\/","title":{"rendered":"GTC"},"content":{"rendered":"
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General Terms and Conditions (hereinafter referred to as GTC) of ari international trading GmbH (hereinafter referred to as ari)<\/strong><\/h1>\n\n\n
\n<\/div>\n\n\n\n

\u00a7 1 GENERAL APPLICABILITY<\/strong><\/p>\n\n\n\n

<\/a>The following <\/a>conditions <\/a>are brought to the attention of the buyer with the non-binding offer to <\/a>and recognized by him with the placing of an order <\/a>. <\/a>Deliveries, services and <\/a>offers are made <\/a>exclusively on the basis of these terms and conditions. We do not recognize <\/a>any conflicting or deviating terms and conditions of our contractual partner and customer <\/a>unless we have expressly agreed to their validity in writing <\/a>. <\/p>\n\n\n\n

\u00a7 2 SCOPE OF APPLICATION<\/strong><\/p>\n\n\n\n

These Terms and Conditions of Sale shall apply to all our business transactions, <\/a>in particular to the sale of goods and artistic <\/a>services and <\/a>work performances and shall also apply to all future transactions with the customer, unless they have been expressly agreed again <\/a>.<\/p>\n\n\n\n

\u00a7 3 <\/a>CONCLUSION OF CONTRACT<\/strong><\/p>\n\n\n\n

Offers and prices are subject to change in all parts and <\/a>non-binding. The order relating to offers and prices can be accepted by us <\/a> <\/a> within four weeks <\/a>after <\/a>their receipt. Unless expressly stated otherwise, all prices are quoted in euros plus VAT at the statutory rate. Cancellation of a placed order by the client is not possible. <\/p>\n\n\n\n

\u00a7 4 <\/a>PROTECTION OF ARTISTIC <\/a>WORK<\/strong><\/p>\n\n\n\n

We reserve ownership rights and <\/a>copyrights <\/a>to all <\/a>artistic works as well as the final designs of illustrations, <\/a>drawings, articles and other documents used; they may only be used by third parties with the express written consent of the seller <\/a>. Any <\/a>disregard of these property rights and copyrights shall inevitably result in claims for damages on our<\/a>part against the customer in accordance with <\/a>. We reserve the <\/a>right to use articles and company logos created on behalf of the customer for advertising purposes or as samples and to use, display and depict <\/a>in our catalogs, flyers, other advertising materials, banners, websites and other media. <\/p>\n\n\n\n

\u00a7 5 ASSIGNMENT<\/strong><\/p>\n\n\n\n

The seller is entitled to assign all claims <\/a>against the buyer to <\/a>third parties<\/a>.<\/p>\n\n\n\n

\u00a7 6 DELIVERY PERIODS<\/strong><\/p>\n\n\n\n

<\/a>Delivery times shall only apply after written confirmation by the <\/a>seller and shall only commence once the written order has been prepared by the <\/a>buyer and all required <\/a>templates have been sent and the order has been clarified, i.e. all necessary details have been clarified. In the event of an agreement on the inspection of finished samples, proofs, final artwork etc. by the customer, the delivery times shall be extended accordingly. In the event of any subsequent change to the order, the delivery period shall begin anew. If the delivery of an advance<\/a>sample is agreed when the order is placed, Section 315 (1) <\/a>BGB shall apply in our favor <\/a>. If the seller is unable to comply with the agreed <\/a>delivery time, the buyer must grant a reasonable grace period for delivery, starting from the date of the written notice of default by the buyer, and may only assert rights arising from this <\/a>contract after the expiry of the reasonable grace period. If the customer has submitted a preliminary sample prior to production, which is to be confirmed for production, the <\/a>delay caused by a <\/a>late confirmation shall not constitute grounds for a notice of default; neither shall delays caused by the renewed <\/a>production of a sample constitute grounds for a notice of default. If the <\/a>Buyer is in default with the <\/a>acceptance, the Seller may assert the rights under \u00a7 326 <\/a>BGB <\/a> <\/a> . In the event of force majeure or circumstances for which ARI is not responsible, e.g. lack of raw materials, lack of means of transportation, operational disruptions, breakage of tools, official measures, pandemics, war, etc., the delivery period shall be extended accordingly. <\/p>\n\n\n\n

\u00a7 7 COMPENSATION FOR DAMAGES<\/strong><\/p>\n\n\n\n

We shall not be liable <\/a>for damage that has not occurred to the delivery<\/a>items themselves <\/a>, for any loss of profit <\/a>or other financial losses suffered by the customer. <\/a>Recourse claims and <\/a>contractual penalties may be agreed in individual cases <\/a> <\/a> . They must be made in writing<\/a> (registered letter\/return receipt) and must <\/a>be demonstrably part of the order or order confirmation in writing when the seller confirms the order. The buyer may only assert claims for damages in the event of gross negligence or intent on the part of the <\/a>seller <\/a> <\/a> . <\/p>\n\n\n\n

\u00a7 8 SIMPLE AND EXTENDED <\/a>RETENTION OF TITLE<\/strong><\/p>\n\n\n\n

The delivered goods remain our <\/a>property until full payment of all our claims – including future claims arising from the business relationship. If <\/a>takes back goods due to our retention of title, the buyer shall bear the costs incurred. The <\/a>buyer must store the goods for us free of charge until full payment has been made. The <\/a>reservation of title to the <\/a>sold goods shall continue to apply to the newly created item even if it is combined, mixed or blended with <\/a>other goods. The buyer of the goods subject to retention of title carries out the treatment or processing <\/a>for us as the buyer of the goods subject to retention of title. The purchaser of the goods is entitled to resell the goods subject to retention of title in the normal course of business; however, he is not permitted to pledge, transfer by way of security or assign by way of security. The customer is obliged to secure the rights of the seller of the goods subject to retention of title at <\/a>resale of goods subject to retention of title <\/a>on credit. The customer hereby assigns to us <\/a>the contractual partner’s claims arising from the <\/a>resale of the reserved goods; we accept this assignment <\/a>. Notwithstanding the assignment and our right of collection, the <\/a>customer shall be entitled to collect as long as he fulfills his obligations towards us and does not fall into financial collapse. At our request, the customer must provide the information required for collection about <\/a>the assigned claims and inform the debtors of the <\/a>assignment. Retention of title provisions of our <\/a>suppliers and <\/a>buyers are hereby expressly contradicted <\/a>. At ARI’s request, the customer shall notify its buyer of the assignment and inform the buyer of the assignment. <\/p>\n\n\n\n

to request ARI only to provide services to ARI. In the event of access by third parties to the goods delivered subject to retention of title, the customer is instructed to notify ARI immediately and to inform the third party of the ownership relationship. <\/p>\n\n\n\n

\u00a7 9 WARRANTY<\/strong><\/p>\n\n\n\n

The customer can only assert warranty rights <\/a>if he has duly complied with his obligations to inspect and give notice of defects in accordance with \u00a7\u00a7 377, 378 <\/a>HGB (German Commercial Code) <\/a>. This obligation to give notice of defects shall then cover a period of 10 <\/a>days after receipt of the goods if it is not a matter of a hidden defect <\/a>. In the case of off-set prints, a complaint can only be made if the color <\/a>is not implemented despite <\/a>submission of a print film in accordance with our specifications and two color-accurate proofs. Minor deviations in the quality, dimensions and appearance of the delivered goods that are due to technical reasons or are customary in the industry do not constitute defects. The same applies to defects that are due to inadequate <\/p>\n\n\n\n

templates, samples, etc. of the customer. Excess or short deliveries of up to 10 of <\/a>hundred <\/a>cannot be objected to by the <\/a>buyer <\/a><\/a> . <\/p>\n\n\n\n

If there is a defect for which we are responsible <\/a>due to the absence of a warranted characteristic of the purchased item, we shall be entitled to choose whether to remedy the defect or deliver a replacement <\/a>.<\/a>In the event of rectification of the defect, we <\/a>shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.<\/a>In the event that a rectification of defects or replacement delivery is not possible, the customer shall be entitled to demand <\/a>rescission of the contract or a corresponding reduction in the purchase price. No further claims, in particular claims for damages, may be asserted. <\/p>\n\n\n\n

\u00a7 10 DEFAULT IN PAYMENT<\/strong><\/p>\n\n\n\n

In the event of non-payment, the customer shall be in default from the 10th calendar day after the payment date stated on the invoice <\/a>, unless otherwise agreed in writing. From this point in time, we shall be entitled to demand default interest in the amount of 5% above the respective discount rate <\/a>p.a.. If we are able to prove a higher damage caused by default, we shall be entitled to claim this alternatively. This shall not affect the customer’s right to prove to us that we <\/a>have incurred no or significantly less damage as a result of the default in payment. If the customer is in arrears with <\/a>payments <\/a>or <\/a>installments, we may withdraw from the contract or demand compensation for non-performance, without prejudice to our rights arising from the retention of title. If we become aware of a significant deterioration in the client’s financial circumstances or if the client defaults on a payment, we shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due. Furthermore, we shall be entitled to cease further work on the client’s current orders or to demand advance payments. A processing fee of EUR 10.00 shall be charged for each reminder. <\/p>\n\n\n\n

\u00a7 11 DESIGNS, DRAWINGS, LITHOGRAPHS AND TOOLS<\/strong><\/p>\n\n\n\n

Drafts, final artwork, lithographs, tools, etc. are charged on a pro rata basis and remain the property of ARI unless otherwise agreed. These may not be reproduced or made available to third parties, in particular for the purpose of other use, without the consent of ARI. Drafts and final artwork must be returned at the latest at the time the order is placed or if the order is not placed. <\/p>\n\n\n\n

\u00a7 12 DEFAULT PATTERN, CHANGES<\/strong><\/p>\n\n\n\n

Reference samples, repros, proofs etc. must be checked by the client for text and other errors. ARI shall not be liable for errors not notified by the client. Corrections and changes made by telephone require written confirmation by the client. In the event of changes after printing approval, all additional costs incurred shall be borne by the client. <\/p>\n\n\n\n

\u00a7 13 PROPERTY RIGHTS<\/strong><\/p>\n\n\n\n

The obligation to check whether an order infringes industrial property rights or other rights of third parties is the sole responsibility of the Customer. The Customer shall indemnify ARI against all claims of third parties due to such an infringement of rights and shall compensate ARI for all damage caused by such an infringement of third party rights. <\/p>\n\n\n\n

\u00a7 14 STORAGE<\/strong><\/p>\n\n\n\n

ARI accepts no liability for templates and other items provided by the client which have not been requested for return by the client within one month of completion of the order.<\/p>\n\n\n\n

\u00a7 15 VERBAL AGREEMENTS<\/strong><\/p>\n\n\n\n

All verbal agreements must be confirmed in writing to be binding.<\/p>\n\n\n\n

\u00a7 16 SEVERABILITY CLAUSE<\/strong><\/p>\n\n\n\n

Additional agreements or agreements deviating from the content of these terms and conditions must be made in writing to be effective <\/a> <\/a> .<\/p>\n\n\n\n

\u00a7 17 PLACE OF PERFORMANCE AND JURISDICTION<\/a>LOCATION<\/strong><\/p>\n\n\n\n

The place of performance for all obligations arising from the contractual relationship <\/a>is the registered office of the seller. The place of jurisdiction for all legal disputes arising from the contractual relationship and its creation and effectiveness is<\/a> <\/a> Hamburg. <\/p>\n<\/div><\/div>\n","protected":false},"excerpt":{"rendered":"General Terms and Conditions (hereinafter referred to as GTC) of ari international trading GmbH (hereinafter referred to as ari) \u00a7 1 GENERAL APPLICABILITY The following conditions are brought to the attention of the buyer with the non-binding offer to and recognized by him with the placing of an order . 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