Screen printing machines and accessories

TERMS AND CONDITIONS   § 1   Area Of Coverage     The following terms and conditions of business are valid for all supplies and achievements of the company Barnek. When placing the order, latest by receiving our services they count as accepted. Other terms and conditions of business are not valid without a written affirmation of us, even if we do not disagree explicitly.   § 2   Offer And Conclution Of Contract   (1) Our offers are subject to confirmation. The contract comes about with our explicitly agreement or with the delivery of the ordered products. For the contens of the contract is in doubt our written agreement standard, in the abscence of a confirmation of our written offer.   (2) The data belonging to our offers, espacially pictures, drawings, weight specifications and dimension data and other technical descriptions are only almost valid except they are explicitly declared as mandatory by us. Unmandatory are particularly all dimension data for printing subtrate and materials before a successful completion of a test run of the machinery we had to produce. We reserve the rights for all copyrights and ownerships of all prototypes, drawings and all the other bidding documents. It's not allowed to make them accessible to a third party and have to be sent back on our demand.   § 3   Times Of Delivery And Delay In Delivery   (1) Times Of Delivery are only almost valid if they are not marked as mandatory in our confirmation of order. In case of exceeding the deadline and in all other cases in which we do not perform services in debt we have a demand of a adequade extension of time to fullfill the achievement which is at least 4 weeks and has to be staid in writing.   (2) In all cases in which the observance of a time limit is not possible due to act of nature beyond control or other reasons which we do not have to represent the time of delivery exceeds – also in a delay in delivery – for the time of the bar to performance; the orderer has no right to withdraw from the contract. If in such cases the delivery or the achievement is not possible or if the bar of performance adds up to more than 3 month, we have the right to withdraw from the contract. Uneffected, by the way, stays our right to fullfill partial performance.   § 4   Transportation And Passing Of Risks   (1) All deliveries and achievements are carried out on the risk and the bill of the orderer. In case of forwarding the risk of an incidentelly decline and a deterioration of the posting of the ware is transferred from the seller to the buyer. This is also valid for partial performance and home delivery.   (2) Is there a reason for a delay in the posting of the ware which we do not have to represent, the risk is transferred from the seller to the buyer with the advice of readiness of dispatch. This is also valid if we make use of our right of retention.   § 5   Default Of Acceptance Of The Orderer     Does the orderer not abate our achievements or the ware in case of delivery, we are in the right to set a extension of time of 2 weeks and after that to withdraw from the contract and to demand damages. In the last case a compensation in the amount of 30% of the agreed price has to be payed without a evidence, whereat it is allwoed for orderer to provide evidence that there was no or a much fewer damage. On the other hand the assertion of a higher damage as 30% is reserved to us, if we cause the evidence of a higher damage.   § 6   Costs And Payment   (1) Our prices are valid for lack of specially written agreement including any costs for packaging, cargo, customs, ensurances and all other information.   (2) In case of exceeding the agreed terms of payment we are entitled to demand the interest given by law without a reminder, whereat the assertion of a higher damage caused by delay will not be eliminated.   (3) The charging with a counterclaim, as far as they are not noticed as indisputable or absolute, is unvalid. This is also valid for the exertion of a right of detention.   § 7   Reservation Of Proprietary Rights   (1) We will keep the ownership for delivered ware and machinery until the orderer has payed all bill outstanding of the terms of business. In case of bill outstanding of current bills the reserved belongings safe our outstanding balance claim.   (2) Up to the complete payment of all bill outstanding the possible processing and handling is carried out for us as manufacturer by the orderer in the terms of the §950 BGB (German Public Law), but without obligating ourself. If from the goods subject to retention of title delivered by us with a third party under reservation of proprietary rights delivered ware a new ware is produced, we have the right to keep a co-ownership in the percentage which results from the proportion between the merit of the delivered ware by us and the processing merit to the finished product. In case of a connection between the delivered ware by us and other ware we gain a co-ownership for the integrative object in relation of the invoice value of our goods subject to retention of title to the merit of the other object.   (3) The ware belonging to our ownership for assurance stores the consumer nonpaid for us. He is forced to secure this ware adequate against burglary, fire, water and other damages and has to verify this insurances on our request. All possible requirements for insurance benefits, as far as they fall upon the ware belonging to our ownership, are transfered to us beforehand.   (4) The orderer committs hisself that he, except in the proper business, makes no decrees, espacially no hypothecation and no chattel mortgage about the goods subject to retention of title. In case of a resale of the goods subject to retention of title the orderer already assigns now his price demand of order for covering our demands to us. On request we have the right to get a exact assembly of the assigned book accounts by stating the garnishees as well as the specific amount of demand and the invoice date.   (5) If the orderer does not discharge all payment obligations adverse ourselves or his relation of capability deteriorates extremly we have the right to require the withdrawal of the goods subject to retention of title or to retract the ware belonging to our ownership. The exercise of this liberty is not said to be a recession from the agreement. In this case we have the right to utilize the ware in the best possible way for the consumer. If against a orderer an application for the opening of a insolvency proceedings is filed or if the goods subject to retention of title are attached so the orderer has to inform us immediately.   (6) If the merit of the securities existing for us does exceed our total receivables not only momentarily for more than 20%, we will on request of the orderer deregulate securities in the according amount.   § 8   Warranty   (1) For the delivery of new produced goods or machinery to other companies we will extend warranty for defects, if they have already existed by passing of risk, only in this way that we at our own option decide whether we repair the defects for free or deliver ware free from defects within an adequate period. For the delivery of new produced machinery our warranty starts with the start of operation by us or with a written affirmation for the start of operation. If a start of operation of the machinery by us is not designated, does the start of operation not come off without our default or if the order is in default of acceptance with the start of operation our warranty starts with the handing over of the machinery to the orderer.   (2) For new produced machinery we give a guarantee for 24 month. A advanced warranty for a longer time has to be determined in a written form. In case of a delivery of used machinery or other used goods the period of warranty (generally 24 month) will be determined in a written form.   (3) Our warranty deed expires if the deliverd ware is modified or treated or stored incorrect.   (4) If we are obligated to do a supplementary performance our rework counts soonest after the third unsuccessful try as failed. As far as the orderer has the right to set us a deadline for the rework, the deadline has to be at least 4 weeks.   (5) Notifications of defects require basically a written form to be effectiv.   § 9   Compensation Of Damages     With exception of the liability for damages due to a injury of life, body or healthiness are all claims for damages excluded, unless the damage is based on a designed or wantonly negligent breach of duty of one of our legal representative or a vicarious agent. This is also valid for damages due to injuries of liability during contract negotiations and tortious requirements.   § 10   Exemption From Liability Regarding Our Website   (1) The author does not assume any warranty for the actuality, correctness, completeness or quality of the allocated information. Liability claims against the author which concern to damages of material or ideally manner which have been caused by the use or disuse of the presented information respectively due to the use of erroneous and incomplete information are basically excluded provided that that on the part of the author a verifiable designed or wantonly negligent fault is not on hand. All offers are subject to confirmation and without engagement. The author expressly reserves the right parts of the page or the hole offer wihtout a separately announcement to change, to extend, to delete or to suspend the publication temporarily or definitively.   (2) For direct and indirect links to foreign web sites which recline outside of the area of responsibility of the author a engagement for liability would become effective exclusively in that case in which the author has knowledge about the contents and when it would be technically possible and reasonable for him to avoid the use in case of illegal contents. The author declares therefore emphatically that at the time of setting the links the according linked web sites have been free of illegal contents. The author has no influence at all over the current and future configuration of the linked web sites and their contents. Therefore the author dissociates hisself emphatically from all contents of all linked web wites, which have been changed after setting the link. This declaration is void for all links within our internet offers as well as for all entries made by an outsider in guestbooks, discussion forums and mailing lists which are arranged by the author. For illegal, erroneous and incomplete contents and particularly for damages which result from the use or disuse of such a kind featured information only the provider of this web site on which was linked is responsible, not he who just links to the respective puplication.   (3) The author is anxious for considering the copyrights of the used graphics, audio and video clips and texts in all puplications, to use graphics, audio and video clips and texts produced by himself and to revert to freeware graphics, audio and video clips and texts. All named and if applicable by third party registered trademarks within the internet offers go unlimited under the appointment of the respective valid trademark legislation and the right of ownership of the respective registered owner. Only due to the naming there isno't to draw a conclusion that trademarks are not protected by third party rights! The copyright for released, by the author himself produced objects only remains with the author of the web sites. A duplication or usage of such graphics, audio and video clips and texts in other electronic or printed puplications is not allowed without a emphatically affirmation of the author.   (4) This exemption from liability is to contemplate as a part of the internet offer out of which a link was setted to this web site. In case that parts or single phrases of this texts do not, not anymore or uncompletely comply with the applicable legal situation the remaining parts of the document remain uneffected in their content and validity.   § 11   Final Clauses   (1) The place of fulfilment of all attainment out of this agreement is the city Selb. The jurisdications for all conflicts out of contractual relationships with our customers are - as far as allowed by law - the courts which are responsible for the city Selb.   (2) The privity of contract between us and our contractual partner go under the law of the Federal Republic of Germany.   (3) If single clauses of these terms of business or ot the terminated contract are or will become completely or in parts effectless, thus the contract for the rest stays effective.