"TAG it easy" is an offer by PrintoLUX GmbH

General Terms and Conditions of PrintoLUX GmbH

1. General

The following terms and conditions apply to all contractual relationships between PrintoLUX and the client concerning deliveries of goods and work or services and are recognized by the client as the only valid terms and conditions. Other or conflicting terms and conditions of the client are not recognized by PrintoLUX. This also applies if the Client should refer to its own terms and conditions in an order confirmation or in other correspondence.

2. Written Form

The contract concluded between the parties conclusively contains all agreements made between the parties. The contract replaces in particular all previous written and verbal agreements. Amendments and supplements to this contract must be made in writing to be effective. The cancellation of this written form clause also requires the written form.

3. Offer

The offers are in principle subject to change. PrintoLUX is entitled to make technical improvements or changes in the execution of the service or in the goods to be delivered that have become necessary due to market conditions or local necessities. Prior notification of the client is only required in the event of a resulting increase in the quoted prices by more than 10%. The client is entitled to withdraw from the contract in writing within 7 days of receipt of this notification.

4. Delivery

The specification of delivery times is in principle non-binding. Four (4) weeks after a non-binding delivery date has been exceeded, the client may request PrintoLUX in writing to deliver within a reasonable period of time or to provide the services. Upon expiration of this period, the Customer is entitled to withdraw from the contract. The client can only claim damages or compensation for damage caused by delay if PrintoLUX is guilty of intent or gross negligence. Claims for compensation in the case of slight negligence are limited to 10% of the order value. If delivery or performance is impeded by circumstances beyond PrintoLUX's control, in particular in the event of force majeure, operational disruptions or official measures, PrintoLUX is entitled to withdraw from the contract. In case of delivery of goods, the risk of loss or deterioration (material risk) is transferred to the client upon delivery of the goods to the carrier commissioned by PrintoLUX or by the client. PrintoLUX guarantees a dimensional accuracy of the sign positions, starting from the zero point of the PrintoLUX® printing systems (top left corner of the panel sheet) according to DIN ISO 2768-1-c. Between measurement sizes of 30 mm and 200 mm, an accuracy of + 0.6 mm is achieved and recognized by the customer as a dimensional tolerance. These manufacturing tolerances do not entitle the customer to give notice of defects. Excess or short deliveries cannot be avoided for production-related or other reasons to the extent customary in the trade. PrintoLUX therefore has the right to excess or short deliveries of up to 10% of the ordered quantity. PrintoLUX will invoice the actual delivery quantity. Material resistance tests are always carried out according to DIN regulations and/or PrintoLUX® own test specifications. PrintoLUX points out that the described test procedures are applied depending on material and field of application. Due to the incalculable number of application situations and the environmental influences acting on the materials, such as radiation, gases, temperature, different liquids and, if applicable, mechanical stresses, PrintoLUX cannot provide any warranty or guarantee for the suitability of its certified materials in all customer applications. Suitability tests for specific applications must therefore be carried out by the customer. Upon request, PrintoLUX will be happy to provide advice and support in this regard. PrintoLUX points out that only the use of all PrintoLUX® process components of the patented PrintoLUX® process guarantees print quality and durability. PrintoLUX® process components are: PrintoLUX® certified materials; PLX special inks; PLX pretreatments; PrintoLUX® printing systems; PrintoLUX® heat units.

5. Prices

All prices are without cash discount and other discounts plus value added tax in the respective legal amount. In the case of deliveries of goods, prices are exclusive of transport costs and any costs disbursed by PrintoLUX as agreed.

6. Payment

All prices are due for payment no later than two (2) weeks from the invoice date. Payment instructions, bills of exchange and checks shall be accepted exclusively on account of payment and any collection and discount charges incurred shall be charged to the customer.

7. Security Deposit

PrintoLUX is entitled to demand security from the Client in the form of a directly enforceable bank guarantee for the amount of the order or other suitable security prior to the commencement of the execution of the order and to make the commencement of the execution of the order dependent on the provision of such a guarantee if the order value exceeds the sum of Euro 50,000 (fifty thousand). The aforementioned directly enforceable guarantee must be due for payment on first demand.

8. Retention of Title

All delivered goods remain the property of PrintoLUX until complete settlement of the claims to which PrintoLUX is entitled from the underlying contractual relationship. The retention of title also extends to all other claims in connection with the contractual relationship, e.g. ancillary services, spare parts deliveries. If the customer is a merchant, a legal entity under public law or a special fund under public law, the retention of title applies to all claims resulting from the current business relationship. PrintoLUX is only obligated to waive the reservation of title if there are no more claims from the current business relationship or if sufficient security is provided. For the duration of the retention of title, the Client is only entitled to sell, lease, transfer by way of security or otherwise transfer the goods to third parties or modify them in a way that impairs PrintoLUX's security, if PrintoLUX has given its prior written consent.

9. Secrecy

The client undertakes himself and his personnel to keep secret from third parties the information, business transactions, drawings, samples and documents of PrintoLUX - referred to as know-how for short - which become known on the occasion of the processing of the order and not to make them accessible to third parties in any way. The Customer shall obligate its personnel in writing to maintain confidentiality. The Customer shall use the know-how provided to it exclusively for the purpose specified in the order, shall not use it for any other purpose without a special contractual provision and shall not register its own property rights for the know-how or support third parties in doing so. This obligation to maintain secrecy shall apply beyond the duration of the execution of the order for an indefinite period of time, unless otherwise expressly agreed. In this respect, the client shall be obliged to prove that the know-how transferred was already known or generally accessible to him beforehand.

10. Copyrights and Other Property Rights

Insofar as aids stored on data carriers (e.g. individual software, tools) are provided to the client within the framework of the execution of the order, the client acquires neither ownership of the data carriers nor of the aids/programs themselves. These are subject to the copyright of PrintoLUX or represent other property rights or rights capable of being protected by property rights of PrintoLUX and may only be used by the client to the extent specified by the order. The client is not entitled to reproduce, imitate or make them available to third parties. Likewise, the client undertakes to refrain from registering its own property rights with regard to these programs.

11. Warranty

1. a notice of defect must be given in writing to PrintoLUX within 14 days after receipt of the goods in case of obvious defects, in case of hidden defects immediately after discovery of the defect (cf. § 377 HGB), otherwise warranty claims are excluded, unless PrintoLUX has fraudulently concealed the defect (cf. § 438 BGB). In the event of a defect, PrintoLUX is entitled, at its discretion, to rectify the defect or to make a replacement delivery. In the event of failure of the subsequent performance, the customer may, at its option, withdraw from the contract or reduce the purchase price. If the defect is insignificant, the right of withdrawal is excluded. Other warranty claims of the client, in particular claims for damages, are excluded. 3. The limitation period for claims of the client due to a defect is 1 year from the handover of the goods to the client.

12. Liability

PrintoLUX is liable without limitation only for intent and gross negligence also of its legal representatives and executive employees. For the fault of other vicarious agents, liability is limited to the order volume of the respective individual order as well as to such damages that must typically be expected to occur within the scope of order processing. PrintoLUX is liable for slight negligence only if an obligation is violated, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In case of breach of a cardinal obligation, the limitation of liability according to paragraph 1 of this liability regulation is to be applied accordingly. The limitations of liability of PrintoLUX do not apply in case of intent or gross negligence of PrintoLUX or its vicarious agents, in case of personal injury, in case of damage caused by the absence of a quality which PrintoLUX has guaranteed or in case of claims under the Product Liability Act.

13 Default, Refusal of Performance, Retention

If the Client is in default of payment of amounts due, interest on arrears in the amount of 7% above the respective prime rate of the European Central Bank shall be owed by the Client. Both PrintoLUX and the Client are entitled to prove that a higher or lower damage caused by default has occurred. PrintoLUX is entitled to a right to refuse performance if the Client suspends its payments because an application is made to open composition or bankruptcy proceedings against its assets, or if it seeks out-of-court composition proceedings, irrespective of whether payments on account have been agreed or made; if the Client breaches its contractual obligations, in particular violates the obligation to maintain secrecy; if the securities provided by the Client turn out to be worthless or have lost considerable value according to commercial considerations, and if the Client does not provide equivalent securities. Services already rendered by PrintoLUX up to the assertion of the right to refuse performance are to be remunerated in full. Rights of retention of the Client are generally excluded if the Client is a merchant within the meaning of the German Commercial Code (HGB). For non-merchants, rights of retention due to claims not arising from the contract are excluded.

14. Set-Off and Assignment

The Client may only set off its own claims against claims of PrintoLUX if its claims are undisputed or have been legally established. The Client may not assign or otherwise transfer or pledge the rights and claims to which it is entitled under this contract.

15. Final Provisions

Upon commencement of the business relationship, the client's data, which may also be personal, shall be stored internally in accordance with Section 28 of the German Federal Data Protection Act (BDSG) and used for processing the order/contract manually or in an automated process as required. The client takes note of this and expressly agrees to it. The place of performance for all rights and obligations arising from this contract is Frankenthal/Pfalz. The law of the Federal Republic of Germany shall apply exclusively. The parties agree that Frankenthal/Pfalz shall be the place of jurisdiction if the Customer is a registered merchant or a legal entity under public law or a special fund under public law. Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions. In place of the ineffective provisions and for the purpose of filling, a provision shall be made that best secures what was intended. Status: 17.06.2019 - Please note the packaging units. - The prices quoted are exclusive of value added tax. - Delivery conditions: ex works. - Terms of payment: First orders prepayment; subsequent orders 14 days net.

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