General terms and conditions of the company Foliermadl

(Owner: Sandra Kostelezky)

The following terms and conditions apply between the company Foliermadl, Semptwiesen 4, 84174 Eching and its customers.

§ 1 Description of the service

The company Foliermadl offers an extensive range in the field of foil and foiling, our services include foiling, especially for vehicles such as lettering, vehicle full foiling and design, paint protection foils, digital printing foils and the creation of advertising and/or digital printing or designs.

§ 2 Conclusion of contract and scope of services

1. All offers of the company Foliermadl in brochures, advertisements and internet pages are non-binding (also with regard to the price information).
2. After the request has been made, the customer will receive a non-binding offer from the company Foliermadl, which is valid for a period of 4 weeks.
3. By accepting the offer, the customer agrees to the conclusion of a corresponding contract.
4. An order then comes about with the confirmation of the company Foliermadl.
5. The services to be provided within the scope of the offer are specifically presented by the company Foliermadl.
6. The cost of creating a Digitaldruckes or a template, if created, will be shown separately in the offer and (partially) billed.
7. If the customer cancels the order after the company Foliermadl has already started its services, a cancellation fee will be charged as an expense allowance. The amount of this is at the discretion of the contractor and amounts to at least 50% of the total order value.

§ 3 Obligations of the customer

1. If the customer supplies a print template/layout himself or has it designed by the company Foliermadl, the company Foliermadl is free to design it, taking into account the customer's specifications. If the company Foliermadl designs a print template/layout, this service will be billed separately in accordance with Section 2 (6) of the General Terms and Conditions.
2. If approvals, releases, instructions, documents and/or other information are required for the provision of services, these must be provided by the customer in good time so that Foliermadl can perform its services smoothly and on schedule without additional costs or loss of quality. The customer shall bear any additional costs incurred as a result of the approval not being granted in good time.
3. The customer must ensure and assure that the material provided by him for the implementation of the order is free of third-party rights or that any necessary third-party consents have been obtained. In this respect, the customer releases the company Foliermadl from third-party claims.
4. The customer must provide all information about the substrate to be covered by the company Foliermadl (in particular the period between (new) painting and installation of the foil) and is liable for the correctness and completeness of his information about the substrate.
5. The customer is obliged to make an appointment for a follow-up inspection within four weeks of completion. Only after a follow-up check do we give a full guarantee on the decal.
6. If the customer insists on gluing material that he has brought with him or bought himself, in particular from unknown manufacturers, the customer himself is liable for the quality and durability of the material.

§ 4 Contracts awarded to third parties

The company Foliermadl is entitled to commission third parties to fulfill the obligations of the respective order. The customer's consent to this is not required.

Contrary to paragraph 1, the written consent of the customer is required if orders are placed with third parties in the name and on account of the customer.

If an order is placed with a third party, the confidentiality of the data is ensured.

§ 5 Prices, Maturity

1. The remuneration agreed in the contract is due for payment after the end of the order.
2. Foliermadl is entitled to issue interim invoices if the order is larger and extends over a longer period of time.
3. A deposit of 25% of the total price must be paid by the agreed date for the wrapping.
4. Should there be unforeseeable additional work, the invoice price may increase compared to the offer. In this case, the customer will be informed in advance.
5. Unless a specific payment date has been agreed, the customer must make payments within 14 days of receipt of the invoice.
6. Invoices for wrapping work on a vehicle are due immediately. Payment is made in cash or by bank transfer. The company Foliermadl is entitled to a legal lien on the vehicle because of its claim from the order.

§ 6 Retention of title

The goods remain the property of Foliermadl until full payment has been made.

§7 Acceptance

Upon receipt of the goods (collection, delivery, etc.), the customer must check the product for any defects or damage. With his signature on the delivery note/order/invoice, the customer accepts the delivered or collected goods.

§ 8 Warranty

1. The statutory warranty regulations apply, a guarantee going beyond this is not granted.
2. The validity of the statutory warranty depends on a follow-up appointment within 4 weeks after completion.
3. If the customer has not informed the company Foliermadl incompletely or incorrectly about the substrate to be pasted (cf. § 3 Para. 4), defects resulting from the use of a product unsuitable for the substrate do not constitute material defects within the meaning of warranty law.
4. The foiling is a manual work that is not carried out by machine. Despite the utmost care and controls, it can happen that the cuts and lines on the edges on two sides of the vehicle (e.g. due to different gap dimensions) differ slightly. In addition, there may be minor dust inclusions. These deviations do not constitute a defect within the meaning of warranty law.
5. For film sales, the guarantees and warranties specified by the manufacturer apply to the material.

§ 9 Liability

1. In the case of vehicles already wrapped in foil (which are not wrapped by the company Foliermadl), the company assumes no liability for any damage to the paintwork under the foil. Furthermore, the company Foliermadl assumes no liability for damage to the paintwork caused, for example, by previous painting work/smart repair work (before the company Foliermadl was commissioned).
2. When removing a film, the vehicle's clear coat may come off. The company Foliermadl cannot accept any liability for this, as this is not related to the processing of the foil.
3. Insofar as the damage is typical for the contract and foreseeable and is based on simple negligence, the company Foliermadl cannot be held liable for it.
4. The company Foliermadl assumes no liability for direct or indirect damage, unless this is based on intent, gross negligence or fraudulent intent. This exclusion of liability also extends to the liability of employees, legal representatives and vicarious agents. The liability of the company Foliermadl for slight negligence is only assumed outside of the contract insofar as it concerns the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer regularly relies ( so-called cardinal obligations)
5. The above exclusions of liability do not apply to injury to life, body and health. Liability under the Product Liability Act remains unaffected.
6. The examination of legal questions is not one of the tasks of the company Foliermadl, especially in the area of copyright, competition and trademark law. However, the company Foliermadl will, within the scope of its possibilities, inform the customer in good time of the legal risks of the content or the design of the commissioned advertising measures that are recognizable to them.
7. The company Foliermadl assumes no liability for content or spelling errors on the digital prints/layout designed by customers. The company Foliermadl only checks them for print compatibility. If misprints occur due to errors in content, these must be paid for 100% by the customer. The customer has to bear the additional costs incurred for the subsequent improvement.

§ 10 Transfer of Rights of Use

1. Unless otherwise expressly agreed in exceptional cases, the customer is granted the non-exclusive right of use, unrestricted in terms of time, place and content, with regard to all released and paid work results from the company Foliermadl.
2. The passing on or licensing of the rights of use by the customer to third parties requires the prior written consent of the company Foliermadl in order to be effective. Excluded from this is the assignment or licensing to subsidiaries or affiliated companies within a group.
3. Unless otherwise agreed in the respective order, the company Foliermadl is permitted to keep the work results or parts thereof and/or a specimen copy of the work and to use them free of charge for the purpose of self-promotion - even after the end of the project order. In particular, the company Foliermadl may name the customer as a reference on its website or in its brochures and show future customers specimen copies provided.

§ 11 Storage, archiving and publication of data and documents

1. The company Foliermadl undertakes to properly store all work results produced for the customer (reports, printing documents and concepts) without separate remuneration for a period of two years, starting with the completion of the respective project, and to hand them over to the customer during this storage period on request. At the end of this period, the documents will be handed over to the customer at his request. Otherwise the company Foliermadl has the right to destroy the documents. If the customer wishes storage beyond this period, this will be at his own expense. The customer shall bear any costs incurred for the removal and/or destruction as well as related activities and the necessary insurance.
2. The retention obligation according to paragraph 1 does not apply to documents that are no longer required. This includes sketches and drafts of unrealized advertising measures or the like. These can be destroyed immediately by the company Foliermadl.
3. The company Foliermadl only archives digital data if this has been agreed in the contract. In this case, the customer can request the surrender of this data at any time during the contract period. These will be issued at the end of the contract. This data must be released by handing over a standard data carrier containing the data in such a way that the customer is able to edit and update the data himself in the future.

Section 12 Confidentiality

The contracting parties are obliged to treat all information that they receive as part of the cooperation and that is not intended to be passed on to unauthorized third parties as strictly confidential. You will bind employees and third parties who receive such information and documents to perform work under this contract to the same confidentiality. The confidentiality obligation applies beyond the duration of the respective project order.

§ 13 Final Provisions

The law of the Federal Republic of Germany applies exclusively, excluding the UN sales law.