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General Trading Conditions of the WHITE GRID GmbH
 

The following trading conditions apply immediately to all business deals, except when deviating conditions were expressly agreed upon in writing. The contra confirmation of the client in regard of his own trading conditions will not be accepted. These trading conditions are valid for all future business deals.
 

1. Offer and prices

All offers supplied by WHITE GRID are not binding. Only with the written confirmation by WHITE GRID will the order be obligatory for WHITE GRID. It is understood that the prices exclude the value-added tax. Provision for all fixed prises are the following conditions: advertised quality and the punctual delivery of the client's copy in the agreed form; the exact adherence of the fixed dates, tuning steps and release. In particular the following basics apply:

  1. Given logos and picture element are made available free of charge to WHITE GRID in a form ready for processing.

  2. It is assumed that for photographic pictures all objects, equipment and accessories are delivered punctual and free of charge.

  3. All photo calculations by an advertising agent refer to the execution on a location inside the Federal Republic of Germany on one working day.

  4. All lithographic work is calculated assuming no complex treatment of the pictures and no exemptions are needed.

  5. All preliminary steps take place in writing per fax, letter or courier. Tuning of electronic ways is not obligatory, because especially the release of copies is prone to transmission errors. Personal customer attendance and travel expenses are contained in the fixed price only if they are pointed out explicitly in writing in the performance specification.

  6. White Grid is entitled to 10% of the total invoice amount for fulfilling any external order commissioned by a third party.

Additional work is extra calculated. To get permission an appropriate offer is submitted beforehand to the client.

 

2. Placing of order
Definite orders are given orders after receipt of confirmation, except when the confirmation is immediately cancelled. The dates specified in the confirmed order are obligatory for both parties and can not be changed by one party alone without the consent of the other party. If client based circumstances create down times, the client will carry the additional cost. This also applies to interruptions and premature abort of a order, if WHITE GRID can not justify the cause.


3. Packaging and forwarding expenses
The client will be debited for packaging and forwarding expenses. The client will carry the cost of freight and postage for deliveries to WHITE GRID, re Krefeld.

 

4. Right of use
The client uses the solutions provided by WHITE GRID exclusively for the agreed upon purpose. Further uses must be agreed upon in writing. Because of copyright a new contract must be made. The right to use concepts, strategies and arrangement, as described in the exclusive client order, will go over to the client, with the proviso that third parties are not afflicted. If the rights of third parties are effected than 'the right of use' is limited to the agreed upon purpose. That is especially true for photo material from archives and/or the usage of existing concepts.


5. Payment
The amount of the invoice is due in net inside of ten days starting with the billing date, except if a different arrangement is made. That will be valid even if there is ground for complaint. If the term of payment is exceeded then interest of a minimum of 2% above the bank rate for collateral loans of the German Federal Bank will be calculated. Except if WHITE GRID claims a greater damage. A payment is finalised when the amount is available to WHITE GRID. In the case of cheques the payment is finalised only after the cheque is honoured. Beside the company the managing director has the personal liability in a 'GmbH', 'Co' or 'KG' for the agreed payment obligation toward WHITE GRID. The manager is therefore personally responsible for the balance of the account. For all services WHITE GRID may ask an advance payment for up to 65% of the order value. Out of house cost, particularly media and production costs may be computed as complete advance payment.


6. Liability
If mistakes occur in the execution of the expected service then WHITE GRID is liable up to the amount of the invoice for the specific order. The claim for damage from contract violation, or violation of duty by contract action, illicit action and also for far reaching guaranties are impossible. Claims for damage from merchants for impossibilities and delay are likewise impossible. Claims for damage are limited to the amount of the bill from the specific order.

The exclusions and the limitations of the liability cease, provided that WHITE GRID has to answer for intent and negligence. In trading practice WHITE GRID is not liable for intent and negligence from executing aids. In the remaining cases the liability for negligence from WHITE GRID against the trading partner is limited to the predictable damage at the time of the conclusion of contract.

Most of the furnished services by WHITE GRID are based on the stipulation and briefings of the client. For mistakes, misunderstandings and changes, when based on false or incomplete declarations of the client, is exclusively the liability of the client.

WHITE GRID submits to the client regularly intermediate results, designs and suggestions. This should be controlled, approved or instantly corrected by the client inside a limited time span. Should the client, without a written agreement with WHITE GRID exceed this time limit, the client is then liable for all time delays and the resulting costs.

The client exempts WHITE GRID from all eventual claims of third parties when due to legal regulation an offence is made because of a client supplied stipulation. Objections must be made inside from four weeks after receiving the respective achievement report and not later. Otherwise guaranty and requirements for improvement are excluded. This doesn't apply with not obvious deficiencies and outside commercial traffic.

WHITE GRID does not assume liability for writing errors in the catalogues.


7. Competition exclusion
WHITE GRID principally excepts no regulation for competition exclusion and is expressly permitted to work for the same and similar products and producers.


8. Guaranty
The regulations of the 'Federal Law for Data Protection' apply for all orders. The confidential treatment of documents and information, given by the client, will be guaranteed by WHITE GRID in the context of customary working practice of advertising agencies. WHITE GRID does not make legal examination of texts, organisations and measures created by her. The client through their own legal council make these examinations.


9. Media control
The control agreement for all media will be legally binding for WHITE GRID only after obligatory confirmation through the advertising agent is presented.


10. 10. Place of settling and jurisdiction
As far as legally permitted the settling place and the legal venue for all contracts related disputes are Krefeld. Should a regulation in this trading condition be ineffective, ore become ineffective, then the efficacy of all other conditions is not effected.