Terms and Conditions
Scope of Application
In the printing industry the following delivery and payment conditions apply unless otherwise agreed in writing. These must be brought to the customer’s attention at the time of the offer.
Unless otherwise stated, the price quotations in our offers are based on comprehensive, relevant information and documentation, and on reliable, clearly stated specifications regarding the content, layout, and dimensions of the order. Any quotation made on the basis of imprecise information or information that is not yet available must always be regarded as a non-binding estimate. In the interest of the printer, all offers and order confirmations must be made in writing. Quotations for unlimited offers expire after 90 days.
Unless otherwise agreed, all prices offered or confirmed are net prices plus VAT. Where applicable, transport costs must be specifically stated. These are subject to potential increases in material prices or wages, which may occur before a contract is concluded, and whose consequences must be made known to the purchaser.
For orders stored at our storage facilities, the following conditions apply:
- Initial storage arrangements and removal from storage per pallet: CHF 8 each; Total: CHF 16
- Storage fees per pallet/month; CHF 8.00
- Interest for invested capital/month; 0.5 %* (*of net order value)
Storage fees are charged in addition to any other costs incurred by the customer’s order, and billed separately.
Payment of the invoice amount must follow without deduction within 30 days of the invoice date. All goods remain the property of the printer until payment in full is received. The printer may demand security after an order has been placed. If the customer fails to provide it, the printer may terminate processing of the order. Any fees incurred at this point are due immediately. If an order requires large financial resources for materials or third party services, or because processing the order takes more than two months, the printer retains the right to demand advance payment to cover his expenses. The amounts payable and their due dates must be included in the order confirmation. Any paper and cardboard purchased in response to the customer’s request, which cannot be processed within three months will be billed by the printer including related procedures. Unless otherwise agreed in the purchasing conditions, the supplier bears any fees incurred by financial transactions in connection with deliveries made to Bartsch AG St. Gallen.
The delivery deadlines stated are estimates. Fixed delivery deadlines only apply if the necessary documents (image and text templates, lithographs, manuscripts or data carriers, final printing materials, etc.) reach the printer at the agreed time. Delivery periods agreed upon commence on the date the printing materials are received by the printer and end on the date the printed materials leave the printing plant. If approval to commence printing is not given within the agreed period, the printer is no longer subject to the agreed delivery deadline. Failure by the printer to comply with fixed delivery deadlines for reasons beyond the printer’s reasonable control (e.g. machine malfunctions, strikes, lockouts, power cuts, raw material shortages, or force majeure) do not entitle the customer to withdraw from the contract or hold the printer responsible for any damage thus incurred. If the printer fails to comply with a delivery deadline, he is only liable if a written confirmation of said delivery deadline exists, and his liability does not exceed the value of the goods in question.
Failure to Accept Goods
If the customer fails to accept the goods within a reasonable period of time after he has been notified of their completion, the printer retains the right to bill the customer for the goods in question and the fees incurred by storing them at the printer’s or a third party’s storage facility thenceforward.
Sketches and Drafts
Any sketches, drafts, design proposals, original copies, and photographic works will be billed to the customer regardless of whether or not a printing order is placed as a result.
The copyright to any creative work and original designs created by the printer is governed by statutory provisions. Additional uses require express permission by the printer.
The reproduction and printing of any image and text templates, samples and other meterials supplied by the customer to the printer is conducted based on the assumption that the customer holds the necessary reproduction rights. The same applies to data obtained from archives or databases.
Reproduction Materials, Tools
Any reproduction materials created by the printer (photographs, data carriers, type sets, montages, printing plates, etc.) and tools (impression cylinders, dye printing molds, etc.) shall remain the property of the printer. Photolithographies (1 set of films) and printing plates may be delivered to the customer as long as the printer’s copyright is preserved.
Any additional services rendered in connection with the customer’s order (such as template and manuscript corrections, additional preparation of data carriers or text and image data, or in the case of missing materials or materials inadequate or inappropriate for the type of presentation requested) are billed to the customer.
Author corrections (text alterations, changes in image positioning or layout, etc.) are not included in the printer’s initial price quotations and billed to the customer according to the additional time required to process them.
Tolerances concerning execution and material, especially cutting accuracy, fidelity to the original, tone intensity and quality of printed matter (‚paper, carton, etc.) are granted according to the relevant industry standards. If tolerances are imposed on the printer by the supplier, they also apply to the customer.
Excess or Short Delivery
The customer is not entitled to reject short or excess deliveries of up to 10% of the quantity agreed upon (20% in the case of materials custom-made by the printer). The customer is billed for the quantity delivered.
Material Supplied by the Customer
Material procured by the customer must be fit for use as requested by the customer and delivered directly to the printer free of charge. The customer is liable for any damage potentially incurred if the material is not fit for such use (in quality or quantity). This includes storage of the material at the customer’s cost and risk.
Any additional fees incurred through using storage facilities and the interest on the capital tied up in the order (working time, materials) are billed to the customer.
Delivery and Packaging
For deliveries within Switzerland, packaging and postage are included (except in the case of unusually small order volumes). Other types of delivery are billed to the customer. Pallets, containers, and boxes are replaced or billed at cost price if they are not returned to the printer in good condition, postage paid, within 4 weeks after receipt of the delivery.
The materials delivered by the printer are to be inspected upon receipt. Complaints concerning their quality or quantity must be made within 8 days following receipt of the delivery. Otherwise the delivery item is deemed accepted. In cases of reasonable claims the customer shall be compensated for the damage caused within a reasonable time.
Limitations of Liability
Any manuscripts, data carriers, lithographs, original designs, photographs, etc. as well as stored printed matter and other objects provided by the customer shall be handled with care. Without additional written agreements the customer is solely liable for their safety and responsible to insure these items if so desired. Any liability beyond the order value for potential direct or indirect damage caused is explicitly excluded according to the product liability law issued on January 1st 1994.
Electronic Data and Data Transfer
The printer is not liable for data supplied by the customer (via data carriers or modems) being faulty or incomplete. The printer does not bear responsibility if the data supplied are not appropriately processed or cannot be used as expected, thus reducing the qualitaty of printed matter. The printer is not liable for the loss of files supplied by the customer to carry out his order. The printer’s liability is limited to mistakes caused by the printer or due to gross neglicence. The return of electronically created and processed printing and image information to the customer is always accompanied by printed proof.
The customer is obliged to carefully inspect the control documents and printed proof provided to him by the printer and insert any corrections deemed necessary by him efore approving them for printing (prints, proofs, copies, files, etc.) within the period agreed upon. The printer is not liable for any mistakes not spotted by the customer. Corrections made by telephone must be confirmed in writing by the customer within 24 hours to belegally valid. If the printer and the customer agree to waive the exchange of proofs or control documents or the customer can access films or data carriers without them, the customer bears full responsibility. The printer’s responsibility is limited to gross negligence.
Storage of Materials
The printer is not obliged to store any materials used to complete the customer’s order (files, negatives, color samples, photolithographs, films, print types, copies, and tools) unless otherwise agreed upon in writing. A record of the final data made to guarantee safe delivery of the final product is deleted after 10 days following delivery of the final product. Any further safeguarding must be expressly agreed upon and ensues at the cost and risk of the customer. Especially risks pertaining to their later use must be noted since technologies used in the printing industry are constantly subject to change. The costs for safeguarding and archiving, preparation, formating, and supply of such materials are billed separately to the customer.
Place of Fulfillment and Place of Jurisdiction
The place of fulfillment for both parties is St. GallenIn case of disputes, the ordinary courts of Herisau are responsible unless otherwise agreed. Swiss law applies.
Customers who place an order with the printer automatically agree to these Terms and Conditions.
St. Gallen 2016