Estimates are based on Golf Tech Golfartikelvertriebs GmbH current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
Golf Tech GolfartikelvertriebsgmbH reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
It is the customer’s responsibility to maintain a copy of any original electronic file Golf Tech GolfartikelvertriebsgmbH shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed. Without prejudice to clause 14, if an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action Golf Tech GolfartikelvertriebsgmbH may make a charge for any resulting additional cost incurred.
Proofs of all work may be submitted for customer’s approval and Golf Tech GolfartikelvertriebsgmbH shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Golf Tech GolfartikelvertriebsgmbH’s judgment, changes there from made by the customer shall be charged extra.
Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
VARIATIONS IN QUANTITY
Every endeavor will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for over or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
DELIVERY AND PAYMENT
Delivery of work shall be accepted when tendered and thereupon, or if earlier on notification that the work has been completed payment shall become due unless otherwise specified the price is for delivery of the work to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address. Should work be suspended at the request of or delayed through any default of the customer for a period of 30 calendar days Golf Tech GolfartikelvertriebsgmbH shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. Terms are strictly net 45 Days from date of invoice. A 2% deductible surcharge is added to each invoice, which becomes payable once the standard term has been exceeded.
OWNERSHIP AND RISK
The risk in the work and all goods delivered in connection with it shall pass to the customer on delivery. Goods supplied by Golf Tech Golfar-tikelvertriebsgmbH remain Golf Tech GolfartikelvertriebsgmbH’s property until the customer has paid for them in full. If the customer becomes insolvent (as set out in clause 15) and the goods have not been paid for in full Golf Tech GolfartikelvertriebsgmbH may take the goods back and, if necessary, enter the customer’s premises to do so, or to inspect the goods. If the customer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for Golf Tech GolfartikelvertriebsgmbH in a separate account until any sum owing to Golf Tech GolfartikelvertriebsgmbH has been discharged from such proceeds.
Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to Golf Tech GolfartikelvertriebsgmbH and the carrier within three clear days of delivery (or, in the case of non-delivery, within 7 days of notification of dispatch of the goods) and any claim in respect thereof must be made in writing to Golf Tech GolfartikelvertriebsgmbH and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of notificationof despatch). All other claims must be made in writing to Golf Tech Golfartikelvertrieb-sgmbH within 28 days of delivery, Golf Tech GolfartikelvertriebsgmbH shall not be liable in respect of any claim unless the aforementioned requirements have been complied with expect in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Golf Tech GolfartikelvertriebsgmbH shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of Golf Tech GolfartikelvertriebsgmbH’s negligence or otherwise. Insofar as is permitted by law where work is defective for any reason, including negligence, Golf Tech GolfartikelvertriebsgmbH’s liability (if any) shall be limited to rectifying such defect. Where Golf Tech GolfartikelvertriebsgmbH performs its obligations to rectify defective work under this condition the customer shall not be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the works or canceling further deliver-ies. Nothing in these conditions shall exclude Golf Tech GolfartikelvertriebsgmbH’s liability for death or personal injury as a result of its negligence.
Metal, film and other materials owned by Golf Tech GolfartikelvertriebsgmbH and used by it in the production of type, plates, film-setting, negatives, positives and the like shall remain its exclusive property. Such items when supplied by the customer shall remain the customer’s property. Golf Tech GolfartikelvertriebsgmbH shall not be required to download any digital data from its equipment or supply the same to the customer on disk, tape or by any communication link unless written arrangements are made to the contrary.
Customer’s property and all property supplied to Golf Tech GolfartikelvertriebsgmbH by or on behalf of the customer shall while it is in the possession of Golf Tech GolfartikelvertriebsgmbH or in transit to or from the customer be deemed to be at the customer’s risk unless otherwise agreed and the customer should insure accordingly. Golf Tech GolfartikelvertriebsgmbH shall be entitled to make reasonable charge for the storage of any customer’s property left with Golf Tech GolfartikelvertriebsgmbH before the receipt of the order or after notification to the customer of completion of the work.
MATERIALS SUPPLIED BY THE CUSTOMER
Golf Tech GolfartikelvertriebsgmbH may reject any film, disks, paper, plates or other materials supplied or specified by the customer which appear to it to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged expect that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Golf Tech GolfartikelvertriebsgmbH in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. Where materials are so supplied or specified, Golf Tech GolfartikelvertriebsgmbH will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. Quantities of materials supplied shall be adequate to cover normal spoilage.
Without prejudice to other remedies, if the customer becomes insolvent (namely, being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him) Golf Tech GolfartikelvertriebsgmbH shall have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it. Any unpaid invoices shall become immediately due for payment.
Without prejudice to other remedies, in respect of all unpaid debts due from the customer Golf Tech GolfartikelvertriebsgmbH shall have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property as agent for the customer in such manner and at such price as he thinks ἀt and to apply the proceeds towards such debts. And shall when accounting to the customer for any balance remaining be discharged from all liability in respect of such goods or property.
Golf Tech GolfartikelvertriebsgmbH shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. Golf Tech GolfartikelvertriebsgmbH shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall include (without limitation) any amounts paid on the lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
Golf Tech GolfartikelvertriebsgmbH shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability or any instructions, electronic file or other data or materials supplied by the customer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Golf Tech GolfartikelvertriebsgmbH elect to terminate the contract and pay for the work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of Europe and the court of jurisdiction is Vienna-Austria.