Terms and Conditions of Sale Multicork Solutions (June 2026)

Our printed delivery and payment conditions are exclusively applicable to all sales.

§ 1 Scope of application

(1) These Terms and Conditions of Sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). Any terms and conditions of the customer that conflict with or deviate from these Terms and Conditions of Sale shall only be recognised by Multicork Solutions if we expressly agree to their validity in writing.

(2) These Terms and Conditions of Sale shall also apply to all future transactions with the customer, insofar as these are legal transactions of a related nature.

§ 2 Offer and formation of contract

If an order is to be regarded as an offer within the meaning of Section 145 BGB, Multicork Solutions may accept such offer within two weeks.

§ 3 Relevant documents

Multicork Solutions retains ownership rights and copyrights to all documents provided to the customer in connection with the placing of an order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so.

If Multicork Solutions does not accept the customer’s offer within the period specified in § 2, these documents must be returned to us without delay.

§ 4 Prices and payments

(1) Unless otherwise agreed in writing, our prices apply ex works, excluding packaging and plus value-added tax at the applicable statutory rate. Packaging costs will be invoiced separately.

(2) Payment of the purchase price must be made exclusively to one of the two bank accounts specified. The deduction of a cash discount is only permitted if expressly agreed in writing.

(3) Unless otherwise agreed, the purchase price is payable within 14 days of invoicing. Default interest shall be charged at a rate of 9 percentage points above the applicable base interest rate per annum. We reserve the right to claim higher damages caused by default.

(4) If no fixed price agreement has been made, reasonable price adjustments due to changes in labour, material and distribution costs are reserved for deliveries that take place three months or later after conclusion of the contract.

§ 5 Rights of retention

The customer is only entitled to exercise a right of retention insofar as the customer’s counterclaim is based on the same contractual relationship.

§ 6 Delivery time

(1) The commencement of the delivery time stated by Multicork Solutions is subject to the timely and proper fulfilment of the customer’s obligations. The defence of non-performance of the contract remains reserved.

(2) If the customer is in default of acceptance or culpably breaches other obligations to cooperate, Multicork Solutions shall be entitled to claim compensation for any damage incurred in this respect, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s default.

(3) Delivery periods or delivery dates that have not been expressly agreed as binding are non-binding indications. Binding delivery periods require express written agreement.

(4) Multicork Solutions is entitled to make partial deliveries. Correct and timely self-delivery shall in all cases be a prerequisite for compliance with delivery obligations entered into. Force majeure or other unforeseeable, extraordinary and non-culpable circumstances, such as natural disasters, strikes or official measures, shall extend the delivery periods by the duration of the impediment. Multicork Solutions shall inform the customer of such circumstances without delay. In such cases, Multicork Solutions shall be entitled to withdraw from the contract in whole or in part.

(5) Claims for damages are excluded. This does not apply to claims for damages based on intentional or grossly negligent breaches of duty by the user, nor to damages arising from injury to life, body or health resulting from negligent breach of duty by the user or intentional or negligent breach of duty by a legal representative or vicarious agent of the user. Claims under the German Product Liability Act are not excluded.

(6) In the event of a delay in delivery not caused by us intentionally or through gross negligence, Multicork Solutions shall be liable for each completed week of delay within the scope of a lump-sum compensation for delay amounting to 3% of the delivery value, but not exceeding a total of 10% of the delivery value.

(7) Further statutory claims and rights of the customer due to delay in delivery remain unaffected.

§ 7 Transfer of risk upon shipment

If the goods are shipped to the customer at the customer’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest when the goods leave the factory or warehouse.

This applies regardless of whether the goods are dispatched from the place of performance and regardless of who bears the freight costs.

§ 8 Retention of title

(1) Multicork Solutions retains ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if Multicork Solutions does not always expressly refer to this. Multicork Solutions is entitled to take back the purchased item if the customer acts in breach of contract.

(2) As long as ownership has not yet passed to the customer, the customer is obliged to treat the purchased item with due care. In particular, the customer is obliged to insure it at replacement value against theft, fire and water damage at the customer’s own expense.

As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is seized or otherwise subject to third-party intervention. If the third party is unable to reimburse Multicork Solutions for the judicial and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by us.

(3) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us the customer’s claims against the purchaser arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with Multicork Solutions, including value-added tax.

This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, Multicork Solutions shall not collect the claim as long as the customer fulfils the customer’s payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and no suspension of payments exists.

§ 9 Guarantees, warranties and recourse against manufacturer

(1) The customer’s warranty rights require that the customer has properly fulfilled the inspection and notification obligations owed under Section 377 of the German Commercial Code (HGB).

(2) Claims for defects shall become time-barred 12 months after delivery of the goods supplied by Multicork Solutions to our customer. The statutory limitation period applies to claims for damages in cases of intent and gross negligence as well as in cases of injury to life, body or health resulting from an intentional or negligent breach of duty by the user or by a legal representative or vicarious agent of the user.

Insofar as the law mandatorily prescribes longer periods, these periods shall apply. Our consent must be obtained before any return of goods.

(3) If, despite all due care, the delivered goods show a defect that already existed at the time of the passing of risk, Multicork Solutions shall, subject to timely notification of defects, at our discretion either remedy the defect or deliver replacement goods. We must always be given the opportunity to provide subsequent performance within a reasonable period. Rights of recourse remain unaffected by the above provision without restriction.

(4) If subsequent performance fails, the customer may, without prejudice to any claims for damages, withdraw from the contract or reduce the remuneration.

(5) Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear, or damage occurring after the passing of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences that are not assumed under the contract. If improper repair work or modifications are carried out by the customer or third parties, no claims for defects shall exist for these or for the consequences arising from them.

(6) Claims by the customer for expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been transported to a place other than the customer’s place of business, unless such transport corresponds to their intended use.

(7) Claims of recourse by the customer against us shall only exist insofar as the customer has not made any agreements with the customer’s purchaser that go beyond the legally mandatory claims for defects. Paragraph 6 shall also apply accordingly to the scope of the customer’s claim of recourse against the supplier.

(8) The client must carefully inspect proofs and intermediate proofs sent for correction, as well as the finished goods, immediately upon receipt and notify Multicork Solutions in writing without delay of any defects. Hidden defects that cannot be detected even after careful inspection must be reported by the client in writing immediately after they appear. In the case of colour reproductions, deviations from the original may occur in all printing processes. Minor deviations between proofs and the production print may also occur. Such deviations, which are reasonable for the client and technically unavoidable, do not constitute a defect and do not give rise to any warranty claims on the part of the client. Supplies provided by the client or by a third party engaged by the client, including data carriers, are not subject to any inspection obligation on the part of the contractor. Excess or short deliveries of up to 10% of the ordered print run cannot be objected to.

§ 10 Other provisions and data protection

(1) The customer may assign rights against Multicork Solutions to third parties only with our prior written consent. This does not apply if, in the individual case, there is no legitimate interest of the user.

(2) The customer agrees that Multicork Solutions may enter the customer’s data into our electronic data processing system, maintain it there in a file and process it by electronic data processing for the business relationship. Information on the processing of personal data, including the purposes of processing, the legal bases, the recipients of the data, the storage period and your rights as a data subject, can be found in our Privacy Policy. This is available at any time on our website at Privacy Policy or can be provided in written form upon request.

(3) The customer is aware that the export of products subject to the German Foreign Trade and Payments Act or to American and British export control and embargo regulations requires approval by the relevant authorities. The use of goods marked with # has been approved by the competent authority of the USA for Germany only. Re-export is prohibited pursuant to the U.S. Export Administration Regulations Section 373.3 without an export licence. The customer is responsible for compliance with the relevant provisions and regulations and the resulting export restrictions up to the end user and shall indemnify us against all claims that may arise from the breach of such regulations. In the context of compliance with export control regulations, personal data of the customer may be processed and passed on to competent authorities or service providers insofar as this is legally required.

§ 11 Final clauses

(1) German law shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

(2) The exclusive place of jurisdiction for all disputes arising from the business relationship between Multicork Solutions and the customer shall be Bremen. However, Multicork Solutions remains free to deviate from this provision and choose another place of jurisdiction, insofar as this is permissible under the applicable legal provisions.

(3) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid or unenforceable provision.

Conception | Design | Coding:

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Wolfgang Heine, heinefoto.de
Klaus Fittschen, Media Pictures
Jens Weyers, Jens Weyers Fotografie

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