Sale · Delivery · Installation | Version January 2026
Note on scope of application:
These TCs are intended exclusively for contracts with entrepreneurs.
1. Scope and conclusion of contract
These General Terms and Conditions (“T”) apply to all contracts for deliveries and services of GERMAN PRINT GROUP GmbH (“GPG”) with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (“Client”). They also apply to future business relationships without the need for a renewed express agreement. These T do not apply to consumers.
Conflicting or deviating terms and conditions of the Client shall apply only if GPG has expressly agreed to their applicability in text form. Unconditional performance of services or acceptance of payments does not constitute consent.
Individual agreements shall take precedence over these T Legally relevant declarations and notices by the Client after conclusion of the contract must be made at least in text form, unless a stricter form is required by law.
Offers by GPG are subject to change and non-binding unless expressly designated as binding. A contract is concluded by GPG’s order confirmation in text form, by performance of the service, or by invoicing.
The assignment of claims of the Client against GPG requires GPG’s prior consent. Section 354a of the German Commercial Code (HGB) remains unaffected.
2. Scope of services, documents and cooperation
The type and scope of the service owed are governed by the order confirmation and the documents referenced therein. Information in catalogues, illustrations, drawings as well as dimensions, weights, colours and performance data are binding only if they have been expressly agreed as a quality. Industry-standard and technically necessary deviations remain permissible insofar as they do not impair the contractually intended use and are reasonable for the Client.
GPG reserves all ownership, copyright and usage rights to offers, calculations, designs, drawings, samples, models and other documents. These documents may neither be reproduced nor made accessible to third parties nor used outside the contractual purpose without GPG’s prior consent.
The Client shall provide all information, dimensions, print data, approvals and other documents required for performance in good time, in full and in a production-ready form. GPG shall check these specifications only for obvious inconsistencies that are recognisable with standard industry processing. Any further technical, structural, legal or design review is owed only if expressly agreed.
The Client warrants that the content, data and templates provided by it are free of third-party rights or may be lawfully used by it. The Client shall indemnify GPG against justified third-party claims based on an infringement of rights for which the Client is responsible; this includes reasonable costs of legal defence.
If print data is provided late, incomplete or not production-ready, GPG may carry out necessary processing itself after prior coordination or have it carried out by third parties. GPG’s own processing services will be charged at EUR 65.00 per hour, plus statutory VAT in each case; proven third-party costs will be recharged. Delivery times shall be extended accordingly.
3. Prices and price changes
All prices are, unless otherwise stated, net plus statutory VAT and plus packaging, shipping, insurance, customs and installation costs.
Line-item prices of an overall offer apply only if the complete offer is commissioned. Changes in quantity, dimensions, material, design or scope of services may lead to an appropriate recalculation.
If more than four months elapse between conclusion of the contract and the agreed delivery date and, thereafter, the material, energy, freight, wage or procurement costs relevant to performance change, either party may demand a corresponding adjustment of the agreed price upwards or downwards. The adjustment must be explained in a comprehensible manner upon request. If the total price increases by more than 10%, the Client may withdraw from the contract with regard to the part of the service not yet performed, provided the price adjustment is unreasonable for the Client.
4. Delivery, transfer of risk and force majeure
Delivery periods and delivery dates are binding only if they have been expressly agreed as binding in text form. A delivery period begins only once all commercial and technical issues have been clarified, the Client has fulfilled its cooperation obligations and agreed advance payments or securities have been provided.
GPG is entitled to make reasonable partial deliveries if these can be used by the Client within the contractual intended purpose, the remaining performance remains ensured and the Client does not incur any significant additional expense as a result.
In the case of shipment, the risk shall pass to the Client upon handover of the goods to the forwarding agent, carrier or other third party designated to carry out the shipment. This also applies to carriage-paid delivery. In the case of work services, the risk passes upon acceptance; statutory provisions on default of acceptance remain unaffected.
The Client shall ensure a suitable, safely accessible unloading point and shall provide, as agreed or as required by the circumstances, personnel and equipment for unloading. Delays and additional costs resulting from an inadequate delivery or unloading situation for which GPG is not responsible shall be borne by the Client.
Events of force majeure and other events that were not foreseeable at the time of conclusion of the contract and for which GPG is not responsible – in particular lawful industrial action, official measures, war, pandemics, energy or raw material shortages, significant transport disruptions or the failure of essential upstream suppliers – shall extend the performance periods by the duration of the disruption plus a reasonable restart period. If the impediment lasts longer than three months or if performance is permanently impossible or unreasonable, either party may withdraw from the contract with regard to the affected part of the service. Services already rendered must be remunerated.
A reservation of self-supply applies only if, at the time of conclusion of the contract, GPG has concluded a congruent covering transaction and is not supplied, or not supplied in time, by its supplier through no fault of its own. GPG shall inform the Client without undue delay and refund any consideration already received for the affected part of the service.
5. Installation and acceptance
Before installation begins, the Client shall name a responsible contact person. Access routes, work areas and storage areas must be clear, safe and available in good time. The Client shall provide the necessary power connections, lifting equipment, scaffolding, substructures, structural verifications, public-law permits and other on-site prerequisites, insofar as these are not expressly part of GPG’s scope of services.
If agreed cooperation or on-site preliminary work is not provided in good time, execution periods shall be extended accordingly. After prior notice, GPG may invoice waiting times, additional trips and necessary additional services arising as a result. Unless otherwise agreed, EUR 45.00 per person and hour deployed and EUR 1.10 per kilometre driven shall apply, plus statutory VAT in each case and proven expenses.
Changes to the construction schedule, additional journeys to and from the site or a subsequent shortening of the execution period shall be remunerated separately insofar as GPG is not responsible for the cause. GPG shall notify foreseeable additional costs before they arise, insofar as this is possible and reasonable under the circumstances.
Upon completion, the Client is obliged to accept the work provided it is essentially in conformity with the contract; minor defects do not entitle the Client to refuse acceptance. If, after completion, GPG sets a reasonable deadline for acceptance and the Client does not refuse acceptance within this period stating at least one defect, the work shall be deemed accepted. Unreserved productive use of the work shall be taken into account in the assessment, but does not in itself replace the statutory requirements for acceptance.
A completely crease-free execution of textile materials is owed only if this has been expressly agreed as a quality or guarantee. Material-typical appearances that do not impair usability do not constitute a defect.
6. Duty to inspect and give notice of defects
If the contract is a commercial transaction for both parties, the Client must inspect the goods without undue delay after delivery and notify any recognisable defects without undue delay. Hidden defects must be reported without undue delay after their discovery. Otherwise, Section 377 HGB applies.
Notices of defects should be made in text form and describe the type and extent of the defect as precisely as possible. The Client may not alter the object complained of without GPG’s consent insofar as this makes it more difficult to determine the cause or to provide subsequent performance; necessary measures to avert damage remain permissible.
7. Rights in the event of defects
In the event of defects, GPG must first be given the opportunity to provide subsequent performance within a reasonable period. At its discretion, GPG may remedy the defect or deliver a defect-free item, provided the chosen type of subsequent performance is reasonable for the Client. If subsequent performance fails, is unreasonable or is justifiably refused, the Client may reduce the price or withdraw from the contract in accordance with the statutory provisions. Claims for damages are governed exclusively by Clause 8.
The limitation period for claims for defects is one year from the transfer of risk or acceptance in the case of newly manufactured items and in the case of work services that do not fall under Section 634a (1) No. 2 BGB. Longer statutory limitation periods remain unaffected, in particular for buildings and items that have been used for a building in accordance with their usual use and have caused its defectiveness, as well as claims due to fraudulent intent, an assumed guarantee, supplier recourse and claims for damages under Clause 8.
In the case of used items, claims for defects are excluded unless otherwise agreed in the individual case. The exclusion does not apply to claims due to fraudulent intent, an assumed guarantee or claims for damages under Clause 8.
No claims for defects exist in the case of natural wear and tear, improper use or storage, unsuitable conditions of use, faulty installation by third parties, failure to observe care or operating instructions or unauthorised modifications, unless the Client proves that the defect is not based on this.
A prior agreement is required for voluntary returns of defect-free goods. Custom-made products and goods procured specifically for the order are excluded from voluntary return. In the event of an agreed return, GPG may make an appropriate deduction for costs depending on condition and reusability, but at least 15% of the net value of the goods.
8. Liability
GPG is liable without limitation in cases of intent and gross negligence, in the event of culpable injury to life, body or health, under the Product Liability Act, to the extent of an expressly assumed guarantee, and in the event of fraudulent concealment of a defect.
In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract at the time of conclusion of the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely. Otherwise, liability for slight negligence is excluded.
The above liability provisions also apply in favour of GPG’s legal representatives, employees, agents and vicarious agents.
9. Payment and default in payment
Unless otherwise agreed, invoices are due for payment upon receipt without deduction. A cash discount deduction is permissible only by express agreement and requires that no other due claims are outstanding.
In the event of default in payment, the statutory default interest applies. In the case of payment claims, the default interest rate is nine percentage points above the base interest rate. GPG may also demand the statutory lump-sum default fee as well as further damages caused by default.
GPG may offset payments in accordance with the statutory order of allocation. Set-off is permitted only with undisputed counterclaims, counterclaims that have been finally adjudicated, or counterclaims that are ready for decision. Rights of retention may be exercised only in respect of claims arising from the same contractual relationship.
If, after conclusion of the contract, circumstances become known to GPG that justify reasonable doubts about the Client’s ability to perform or creditworthiness and jeopardise the payment claim, GPG may make outstanding services dependent on advance payment or the provision of reasonable security. If this is not provided within a reasonable period, GPG may withdraw from the contract with regard to the part of the contract not yet fulfilled.
10. Retention of title
GPG retains title to the delivered goods until full payment of all present and future claims arising from the ongoing business relationship (“goods subject to retention of title”). In the case of a current account, the goods subject to retention of title secure the balance claim.
The Client may process and resell goods subject to retention of title in the ordinary course of business as long as it is not in default of payment. Processing or transformation is carried out for GPG as manufacturer. If processing is carried out with third-party items, GPG acquires co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other processed items.
The Client hereby assigns to GPG, in the amount of the invoice value of the goods subject to retention of title, claims arising from the resale of the goods subject to retention of title. GPG accepts the assignment. The Client remains authorised to collect the claims as long as it duly meets its payment obligations.
Pledging and transfer by way of security of the goods subject to retention of title are not permitted. In the event of access by third parties, the Client must point out GPG’s ownership and inform GPG without undue delay. If the realisable value of the securities exceeds the secured claims by more than 10%, GPG will release securities of its choice upon request.
In the event of conduct in breach of contract, in particular in the event of default in payment, GPG is entitled, subject to the statutory requirements, to withdraw from the contract and demand the return of the goods subject to retention of title.
11. Data protection
GPG processes personal data in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation and the Federal Data Protection Act. Details can be found in GPG’s data protection information in its current version.
12. Final provisions
The place of performance for deliveries and payments is GPG’s registered office, insofar as legally permissible. For work and installation services, the respective place of performance applies unless otherwise stipulated in the agreement.
If the Client is a merchant, a legal entity under public law or a special fund under public law, Koblenz is the exclusive place of jurisdiction. GPG remains entitled to sue the Client also at its general place of jurisdiction.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should individual provisions of these T be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.