Terms & Conditions

Scope

The following delivery and payment terms apply to the entire graphic arts industry unless otherwise agreed in writing. The originator of these Terms & Conditions, over which case law is invoked in case of a precedent, is the Swiss Association for Visual Communication (VISCOM).

Quotes

The prices in the quotes refer to the information in the technical description. Offers made on the basis of inaccurate or not yet available documents and information are merely non-binding price estimates. For quotes with no expiry date, the price expires after 90 days.

Prices

Unless otherwise agreed, the quotes or confirmed prices are net prices excluding VAT. Additional costs not mentioned in the quote or order confirmation are listed separately in the invoice.

Payment Terms

Unless otherwise stated in the offer or order confirmation, payment of the invoice amount must be made in full within 30 days of the invoice date. Delivered goods remain our property until receipt of payment.

If orders require the commitment of larger funds, either for material or external work or because the order processing extends over more than two months, we are entitled to demand advance payments to cover our expenses. The amount of the advance payments and their due date are stated in the order confirmation.

Paper or cardboard purchased at the request of the purchaser that is not used within three months is invoiced by us along with the costs of any additional work related to this.

Delivery Times

Firmly guaranteed delivery dates only apply if the required documents (image and text templates, lithographs, manuscripts or data carriers, approval to print, etc.) are received by us at the agreed time. Agreed delivery times begin on the day of receipt of the print documents and end on the day on which the print materials leave our company.

If the approval to print is not given within the set deadline, we are no longer bound by the agreed delivery time.

Exceeding the delivery date or non-compliance with the delivery time for which we are not at fault (e.g., malfunctions, lack of power, lack of raw material and all cases of force majeure), does not entitle the purchaser to withdraw from the contract or to hold Druckerei Robert Hürlimann AG responsible for the resulting damages. If deadlines are exceeded, the liability of Druckerei Robert Hürlimann AG is limited to the value of the goods and only applies if the date has been confirmed in writing.

Delayed Acceptance

If the purchaser does not accept the goods within a reasonable period of time after being notified of completion, Druckerei Robert Hürlimann AG is entitled to invoice the goods and to store them ourselves or with a third party at the risk and expense of the purchaser.

Copyright

The copyright for creative and design services of Druckerei Robert Hürlimann AG is governed by the statutory provisions. Other uses require our express consent.

Reproduction Right

The reproduction and printing of all images and text templates, patterns and the like made available to us by the purchaser are subject to the condition and assumption that the purchaser owns the corresponding reproduction rights. This also applies to stored archive data and its reuse.

Reproduction Materials, Tools

Reproduction materials (photographs, data carriers, typesetting, assemblies, printing plates, etc.) and tools (stamping dies, embossing plates, etc.) made by us remain our property. Unless otherwise agreed, the purchaser only acquires the final product when paying the invoice.

Additional Costs

Additional costs caused by the purchaser or his agents in relation to the quote (e.g., through document and manuscript adjustments or revisions, additional processing of data carriers or text/image data as well as materials that are defective, missing or poorly suited for reproduction) are charged separately.

Author Corrections

Author corrections (subsequent text changes, image changes, changes to the layout and the like) are not included in the quoted prices and will be charged separately based on the additional processing time.

Customary Tolerances

Deviations in design and material customary in the industry, in particular cutting accuracy, fidelity of reproduction, tonal value and quality of the substrate (paper, cardboard, etc.), remain reserved.

Excess or Short Deliveries

Excess or short deliveries up to 10% of the ordered quantity – and up to 20% with specially produced materials – cannot be objected to unless otherwise agreed. The effectively delivered quantity is invoiced.

Materials Supplied by the Purchaser

Materials supplied by the purchaser, which must be suitable for processing, are to be delivered free of charge to Druckerei Robert Hürlimann AG. Any production-related extras must be included. The purchaser is liable for all damages that may arise from any unsuitability of the materials (quality and quantity). Storage of the materials occurs at the expense and risk of the purchaser.

Blanket Orders

Additional costs arising from blanket orders for the use of the warehouse and the interest on the capital tied up in the order (work, materials) are charged to the purchaser.

Delivery, Packaging

For deliveries within the city limits, a delivery cost share of CHF 10.– to CHF 20.– is charged per order. Outside the city, the purchaser is charged for delivery at cost. Pallets, containers and crates are replaced or invoiced at cost if they are not returned postage paid and in good condition within 4 weeks after receipt of the delivery.

Complaints

The work delivered by us must be checked upon receipt. Any complaints regarding quality and quantity must be made within 8 days after receipt at the latest, otherwise the delivery is deemed accepted. In case of justified complaints, compensation for the damage will be made within a reasonable period of time.

Limitation of Liability

Manuscripts, data carriers, lithographs, originals, photographs, etc. as well as stored print materials or other objects given to Druckerei Robert Hürlimann AG are treated with the usual care. Without special written agreement, additional risks must be insured against or borne by the purchaser himself. Liability beyond the order value for any additionally claimed direct or indirect damages resulting from defects, delays or misunderstandings is excluded with regard to the end user, barring mandatory provisions of the Product Liability Act of 1.1.1994.

Electronic Data and Data Transfer

Druckerei Robert Hürlimann AG assumes no responsibility for data supplied by the purchaser (via data carrier or modem) that is incorrect or incomplete in its content. Liability is also excluded if the data supplied cannot be processed or used in a standard manner and causes quality defects in the printed product as a result. We assume no liability for data loss of delivered and further processed files. Our liability is limited to errors caused by us due to gross negligence.

Language Used

We assume no liability for language characteristics, grammar or syntax in the documents supplied to us by the purchaser.

Data Storage

Unless otherwise agreed, we store all data processed by us for 3 years, with the exception of orders whose reprint is unlikely. This data is available to the purchaser at any time. Any costs for reprocessing, formatting and disbursement are invoiced.

Control and Test Documents

The purchaser is obliged to check the control and test documents (hard and soft proofs, plots, copies, files and the like) sent to him prior to the completion of the order for errors, to mark these with the approval to print and any applicable correction instructions and return them within the agreed period. Druckerei Robert Hürlimann AG is not liable for errors overlooked by the purchaser.

If an agreement is made to waive the submission of control and test documents, the purchaser bears the full risk.

Storage of Work Documents

There is no obligation to store work documents (files, negatives, color separations, photolithographs, films, typesetting, prints and tools) without written agreement.

Place of Performance and Jurisdiction

The place of performance for both parties is Zurich. In the event of disagreements, the ordinary courts of Zurich are responsible unless otherwise agreed. Swiss law applies.

Acceptance

The placing of a print order signifies the acceptance of these Terms & Conditions by the purchaser.

Druckerei Robert Hürlimann AG Zurich, January 2004