General Terms and Conditions of Supply
Plöckl Media Group GmbH
General Terms and Conditions of Supply
Effective from 1 September 2026
I. Scope of validity
- These General Terms and Conditions of Delivery and Payment apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (each hereinafter referred to as the “Customer”). They apply to all orders placed with us—including future orders—and also where the Customer applies deviating terms and conditions. We expressly reject any such deviating terms and conditions unless we have expressly agreed to their application in writing.
- All agreements, irrespective of whether they are made at or after the conclusion of the contract, must be in writing (text form within the meaning of Section 126b BGB is sufficient). Oral side agreements are legally binding only if confirmed by us in writing. We reserve the right to make technical changes, particularly in the case of custom-made products.
II. Quotation/order confirmation
- All offers are non-binding. Catalogue information, illustrations, weights and dimensions are non-binding. The Customer’s order constitutes a binding offer, which we may accept by sending an order confirmation or by commencing performance of the order.
- The content and scope of the contract shall be determined by our written order confirmation, if issued. Oral promises made before conclusion of this contract are legally non-binding; oral agreements between the contracting parties are superseded by the written contract unless expressly agreed otherwise.
- We retain title and copyright to illustrations, drawings, calculations and other documents provided to the Customer. This also applies to written documents designated as “confidential” or classified in security classes 1 to 3 (“SK1, SK2 or SK3”). The Customer may disclose them to third parties only with our express prior written consent.
- Technical advice does not form part of the contract; it is binding only where expressly agreed in writing. It does not release the Customer from the obligation to use our products properly and professionally.
- The Customer is responsible for the completeness, accuracy and timely provision of execution documents to be procured or prepared by the Customer.
III. Prices and payment
- Unless otherwise agreed, our prices are ex works or ex warehouse, plus statutory value added tax and the costs of packaging, shipping and insurance.
- We deliver orders carriage paid only where prices including shipping and packaging have been agreed. Where the net value of goods shipped is less than EUR 100.00, we are entitled to charge a flat fee of at least EUR 5.00 for packaging and shipping.
- For orders whose performance extends over a period exceeding four months, we reserve the right to adjust the price to reflect changed circumstances. If price increases of more than 20% are asserted, the Customer may withdraw from the contract.
- Changes made at the Customer’s request after our order confirmation or acceptance of the order—particularly for custom-made products—will be charged separately at our applicable rates. For prepress and print orders, this also applies to changes, sketches, drafts, proofs, test prints, samples, proof copies and similar preparatory work initiated by the Customer. In addition, we are entitled to charge, at our customary hourly rates, for the work involved in each correction to the approval file after the first correction.
- Payments are due net (without deduction) within 10 days of the invoice date. Bills of exchange are accepted on account of payment only by prior agreement. Any bill of exchange and discount charges shall in all cases be borne by the Customer. Any cash discount requires a separate written agreement.
- For orders with a net order value exceeding EUR 5,000.00, we are entitled to issue instalment invoices amounting to 40% upon placement of the order, 40% according to progress of the work and 20% after delivery and acceptance.
- The Customer may set off counterclaims or withhold payments on account of such claims only where the counterclaims are undisputed, have been finally adjudicated or arise from the same order under which the relevant delivery was made. Rights to refuse performance arising from the same contractual relationship remain unaffected.
- If the Customer is in arrears with payment or its creditworthiness deteriorates materially, all claims shall become due immediately for payment in cash, including where payment has been deferred or bills of exchange or cheques have been accepted. In such a case, we are also entitled to demand advance payments or security, or to withdraw from all existing agreements after expiry of a reasonable additional period.
IV. Delivery and transfer of risk
- Any stated delivery time is non-binding. A delivery deadline is binding only if we confirm it as such in writing. The delivery period shall not commence until all technical matters have been clarified and the Customer has duly and timely fulfilled its obligations.
- A binding delivery deadline is met if the goods or services are dispatched to the Customer or its vicarious agent within the stipulated period.
- We shall not be liable for impossibility of delivery or delays in delivery where these are caused by force majeure or other events that were unforeseeable at the time the contract was concluded and for which we are not responsible. These include in particular operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, pandemics, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures, and failure by suppliers to deliver, or their incorrect or late delivery. If such events substantially impede or render impossible our delivery or performance and the impediment is not merely temporary, we are entitled to withdraw from the contract. In the case of temporary impediments, delivery or performance periods shall be extended appropriately. If, as a result of the delay, accepting delivery cannot reasonably be expected of the Customer, the Customer may withdraw from the contract by giving immediate written notice.
- Partial deliveries are permitted. For quantity deliveries, we are also entitled to overdeliver or underdeliver by up to 10% of the confirmed quantity.
- Risk shall pass to the Customer when the goods leave our premises. If dispatch or delivery is delayed at the Customer’s request or the Customer is in default of acceptance, risk shall pass to the Customer on the date on which readiness for dispatch is notified.
- If the Customer defaults on acceptance or culpably breaches other duties to cooperate, we are entitled to claim compensation for the resulting loss, including any additional expenses. From the commencement of default of acceptance, we are entitled to charge storage fees of 0.5% of the invoice value for each commenced week, but at least EUR 100.00 per week. We reserve the right to prove higher storage costs. Following the unsuccessful expiry of a reasonable additional period of at least two weeks, we are entitled to withdraw from the contract and claim damages for non-performance.
- Additional work of any kind forms part of our scope of performance only if expressly agreed separately and will be charged at our applicable rates.
- The return of goods/orders/data is not permitted unless the Customer has a statutory or contractual right of return. Exceptions require our prior consent and an agreement on the return conditions.
V. Retention of title
- We retain title to the delivered goods until all present and future claims arising from the entire business relationship with the Customer have been satisfied in full (current-account retention of title). The Customer may resell the goods subject to retention of title in the ordinary course of business; however, any pledge or transfer by way of security is prohibited. In the event of resale, the Customer hereby assigns to us the resulting claims. If further measures (e.g. registration or individual written assignments) are required for the legally valid establishment of the retention of title or assignment of claims—particularly under other legal systems—the Customer undertakes to take the necessary measures at our first request.
- Any processing or transformation of the delivered goods by the Customer shall always be carried out on our behalf as manufacturer, but without any obligation on our part. If our ownership or co-ownership is extinguished as a result of combination, it is hereby agreed that the Customer’s ownership or co-ownership of the unified item shall pass to us in proportion to its value (invoice value).
- The Customer is obliged to handle the goods subject to retention of title with due care and, in particular, to insure them adequately at its own expense against fire, water and theft damage at replacement value and to provide evidence thereof upon request. The Customer may neither pledge the goods subject to retention of title nor transfer them by way of security. In the event of third-party access to such goods, the Customer must notify us immediately.
- Insofar as the value of all our security interests exceeds the total amount of all secured claims by at least 20%, we shall release a corresponding portion of the security interests.
VI. Ownership of tools
- All prices stated for production materials required to manufacture the product represent proportional costs. Finished artwork, films, printing plates, printing formes, die-cutting and embossing tools, as well as all other tools, remain our property even if invoiced separately and will not be delivered.
- We exclusively hold all ownership rights and copyrights to all tools or other production aids, even if they were manufactured by us wholly or partly specifically for performance of the Customer’s order and the Customer paid
VII. Warranty and compensation for damages
- The Customer warrants the accuracy and completeness of the documents/templates/manuscripts/data provided to us for performance of the order, the dimensions and other information communicated, and any supplies furnished by the Customer. Mistakes or errors attributable to the Customer shall not render our performance defective. We have no duty to inspect in this respect.
- The Customer must in all cases inspect whether the goods have been delivered in accordance with the contract and must observe our General Storage and Processing Instructions (available at www.be-pmg.de).
- Obvious defects must be notified in writing without undue delay, but no later than 14 days after receipt of the goods. If joint acceptance of the delivery item has been agreed, obvious defects must be reported immediately. Hidden defects must be notified in writing without undue delay after discovery, but no later than expiry of the statutory limitation period for defect claims. If the Customer is a merchant, Section 377 of the German Commercial Code (HGB) shall apply.
- The need to replace wear parts due to natural wear and tear does not constitute a defect.
- Any warranty is subject to the goods supplied by us being properly maintained and handled. No warranty is given for damage arising from improper use, incorrect assembly or commissioning by the Customer or third parties, natural wear and tear, incorrect or negligent handling, unsuitable operating materials or replacement materials. Any warranty rights shall lapse if the Customer or third parties carry out improper modifications or repairs without our prior consent.
- Liability is generally excluded for errors and damage resulting from improper installation or operation of the goods by the Customer. In the case of self-adhesive labels, correct application by hand or using a dispensing system is particularly required.
- We shall remedy defects in our performance that have been validly asserted by means of supplementary performance. We shall decide whether supplementary performance is effected by remedying the defect or delivering a defect-free item, except in the case of a sale of consumer goods and goods with digital elements pursuant to Section 327a BGB. If supplementary performance fails after at least two attempts within a reasonable period set for this purpose, the Customer may withdraw from the contract or reduce the price appropriately. There is no right of withdrawal in the case of an insignificant defect. We are entitled to make supplementary performance owed conditional upon the Customer paying the purchase price due. However, the Customer is entitled to withhold a portion of the purchase price that is reasonable in relation to the defect.
- The Customer accepts technologically justified customary industry tolerances, for example in size, colour, adhesive and other execution, as constituting the contractually agreed quality. In the case of paper goods, minor customary industry deviations in size, colour, gumming and other execution do not constitute a defect.
- Claims for material defects shall become time-barred one year after the transfer of risk. This shall not apply insofar as the law mandatorily prescribes longer periods for buildings and items used for buildings, construction defects and consumer goods purchases (including recourse claims), or in cases of fraudulent concealment and intent.
- Liability for defects that do not impair, or only insignificantly impair, the value or usability is excluded to the extent permitted by law.
- The suitability of particular products or adhesives for the applications intended by the Customer does not form part of the contractually agreed subject matter. This applies in particular to self-adhesive products, since the reaction of the adhesive on certain substrates (e.g. plastics, fine leather and textiles) cannot be predicted. The Customer must therefore test the intended use independently in advance. Information provided by our employees or materials laboratory does not replace this independent assessment and does not constitute a guarantee or assurance of specific product characteristics. Liability for damage arising from a product’s unsuitability for a particular purpose—without prejudice to the provisions of Clause VII.12—is excluded only insofar as we are not negligent.
- Any claims for damages by the Customer, irrespective of their legal basis, are excluded. This does not apply in cases of intent or gross negligence, injury to life, limb or health, liability under the German Product Liability Act, any guarantee assumed by us, or damage resulting from a culpable breach of material contractual obligations (cardinal obligations). Liability for breach of material contractual obligations is limited to compensation for the foreseeable damage typical of the contract, unless intent or gross negligence applies or liability arises due to injury to life, limb or health. Insofar as our liability for damages is excluded or limited, this shall also apply to the personal liability for damages of our salaried employees, staff, workers, representatives and vicarious agents.
VIII. Jurisdiction, place of fulfillment, final provisions
If we are required to deliver items in accordance with drawings, models or samples provided to us by the Customer, the Customer warrants to us that the manufacture and delivery of such items do not infringe any third-party intellectual property rights. The Customer shall internally indemnify us against all related third-party claims for damages. If a third party prohibits us from delivering and/or manufacturing items in accordance with the Customer’s drawings, samples or models by invoking an intellectual property right, we are entitled to withdraw from the contract and demand reimbursement of all costs incurred, unless the third party’s demand is manifestly unlawful. Submitted samples, models or drawings shall be returned only upon request. Otherwise, we are entitled to destroy them three months after submission of the offer.
IX. Confidentiality and Data Protection
- The Customer shall treat as confidential all non-public information, in particular illustrations, drawings, plans, templates, execution instructions, product descriptions, models, samples, tools, documents, software and other items that we have made available to it, and shall use them solely for the agreed contractual purpose. The Customer may not disclose or reproduce them to third parties unless this is strictly necessary for performance of the contractual services. All such documents and materials must be returned to us in full upon completion of the contract or destroyed upon request. We reserve all ownership rights and copyrights to the aforementioned information and items.
- The duty of confidentiality shall continue after termination of the contractual relationship and shall cease only if and to the extent that the knowledge contained in the documents provided has become generally known. The burden of proof in this regard lies with the Customer.
- We collect and store the data of our customers and suppliers that is necessary for conducting business. When processing personal data, we comply with the statutory provisions, in particular the General Data Protection Regulation (GDPR). Information on data processing can be found in our Privacy Policy, available at www.be-pmg.de.
X. Place of Jurisdiction, Place of Performance, Final Provisions
- The place of jurisdiction for all legal disputes arising from business relationships with Customers who are merchants, legal entities under public law or special funds under public law, and the place of performance, shall be our registered office (Ingolstadt). The same applies if the Customer is an entrepreneur within the meaning of Section 14 BGB. In all cases, however, we are also entitled to bring an action at the Customer’s general place of jurisdiction. Overriding statutory provisions, in particular those concerning exclusive jurisdiction and the relevant provisions of the Brussels I Regulation (Recast), remain unaffected.
- The legal relationship with the Customer shall be governed exclusively by substantive German law as applicable between domestic parties. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
- If any part of the contract or these General Terms and Conditions of Delivery and Payment is invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract or these terms and conditions. Where available, the relevant statutory provision shall replace the invalid provision. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
