Martincolor GmbH & Co. KG
Westerbachstraße 47
60489 Frankfurt am Main

Tel. +49 (0) 69 75 60 80 - 0
Fax +49 (0) 69 75 60 80 - 88
info(at)martincolor.de

Managing Director
Micheline Martin-Beilner
Jacqueline Martin-Zies

Register Court Frankfurt:
HRA 20821
Personally liable partner:
MARTINCOLOR SERVICE GmbH
Frankfurt office
Gov. Ger. HRB 12820

VAT No .: 11 21 48 060
Tax number 013 34 46 03 23

Disclaimer:
The information provided on this website has been carefully checked and updated regularly. However, no liability or guarantee can be given that all information at any time is complete, accurate and up-to-date. This applies in particular to all links to other websites that are referenced directly or indirectly.

All information can be changed, removed or supplemented without prior notice. Neither the publication nor its contents may be altered in any way or distributed or transmitted to third parties without the prior express permission of Martincolor GmbH & Co. KG.

 © Martincolor GmbH & Co. KG, Frankfurt / Main 2009 All rights reserved. All statements without guarantee.

Terms and conditions

1. General
The following conditions apply to all our offers, deliveries and services. By placing an order, the client / customer (hereinafter referred to as "customer") agrees to these conditions, even if his terms of purchase conflict with these terms of delivery and payment, even if we do not object. Deviating and supplementary conditions require our written confirmation to be legally valid.

Statements by our non-authorized employees are only binding if confirmed in writing.

2. Prices
The prices stated in the offers are non-binding unless they have been expressly designated as binding. Quotations for full payment are our property and may not be reproduced or made accessible to third parties without consent. Drawings, drafts and other documents must be returned if an order is not placed.

The prices are always plus value added spreaders in the respective statutory amount.

3. Delivery time, delivery obligation
Our offers are non-binding in terms of delivery time, availability and defects, unless they have been expressly designated as binding. Delivery periods begin with the day from which all details required for the preparation have been clarified by the customer.

In the case of force majeure and other unforeseeable, exceptional and unrelated circumstances, e.g. in the event of material difficulties, breakdowns, strike and lockout, official intervention, energy supply difficulties, etc., even if such occur at subcontractors, the delivery date shall be extended to an appropriate extent, if we are thereby prevented from fulfilling our obligations in due time. If, due to the above circumstances, the delivery performance becomes impossible, we shall be released from the delivery obligation.

Claims for damages of the customer due to such a resignation do not exist. For finished products, which can not be delivered by the customer within the agreed delivery time as a result of order-related circumstances, the customer bears the risk of danger. The customer shall bear the costs and other expenses incurred in such case.

4. Confidentiality
We commit ourselves to the secrecy of all business and economic data, which become known to us through the order of a customer about him and his client.

5. Copyright
By placing the order, the customer declares that he is entitled to copyright on all designs, layouts and pictures commissioned by him. The customer is liable for all damages resulting from the infringement of any copyright.

If the templates are copyrighted by third parties, we will reproduce them only if the customer has the consent of the originator. However, we disclaim any liability if the copyright is hidden, too small or otherwise not clearly visible on the template.

6. Shipping
Our prices are ex works site excluding shipping and insurance. These costs are to be borne by the customer in addition.

A transport insurance is concluded exclusively at the express request and expense of the customer.

All deliveries are shipped at the risk of the customer, even in the case of franco deliveries.

7. Complaint
Complaints of any kind must be communicated to us immediately, at the latest within 7 days, in writing. They do not release from payment obligations or the acceptance of the goods. For the calculation of deadlines, the time of delivery for hidden defects is the date of discovery and the date of receipt of the complaint letter.

Complained goods are to be returned free. Our acceptance does not mean that the notified defects are acknowledged.

 
8. Warranty / Liability
In the case of a justified complaint, substitute delivery or rework will be made within a reasonable period at our discretion.

If rectification or replacement is not carried out within a reasonable period of time, is unsuccessful or impossible, the customer has the right to a price reduction or, at his discretion, a right to cancel the contract. Further claims, in particular claims for damages due to loss of profit or other financial losses of the customer are excluded. The above limitation of liability does not apply if the cause of damage is based on intent or gross negligence. It also does not apply if the customer asserts claims for damages because of the fault of a guaranteed property.

If a contractual obligation is negligently violated, it is limited to any existing liability for the foreseeable damage. The expiry of the statutory limitation period for warranty claims is not interrupted by the notification of defects. In order to fulfill its duty to mitigate damages, the customer is obliged to examine these in detail for existing defects before reusing our goods.

9. Liability
A liability for the damage or the loss of the documents and objects provided for the creation is not accepted, unless the contractor or its servants acted deliberately or grossly negligently.

The conclusion of insurance for transport, fire, theft, damage, risk of loss of the documents entrusted to us is the responsibility of the customer. If these documents have an exceptional value, the customer must inform us of this fact when placing the order.
 

10. Retention
The customer is not entitled to offset against our claims with disputed or not legally established claims set off or exercise rights of retention.

11. Terms of payment
All invoices are payable net immediately upon receipt. We are entitled with a total value more than € 10,000, - up to the amount of 50% of our already incurred expenses à account invoices.

Payments are only to be made directly to us. In case of late payment by the customer default interest of 3% p.a. calculated over the respective Bundesbank discount rate.

We are not obliged to accept bills of exchange.

The customer's ability to pay and credit is the basis of the contract. If it does not exist or if it ceases to exist during the contract period, we can terminate the contract and demand the agreed remuneration. For invoices that must be passed on to third parties, the agent of the order is always liable for the payment of the invoice.
 

12. Retention of title
Until the fulfillment of all claims that we are entitled to from any legal cause against the customer now or in the future, we reserve the ownership of the delivered objects.

13. Jurisdiction-applicable law
Jurisdiction and place of fulfillment for both parties is Frankfurt am Main. The terms of contract are solely subject to German law. If agreements have been made bilingually, only the German version is authoritative.