These Terms govern contracts for the planning, design, technical development, manufacture, delivery and, where separately agreed, installation of custom signage, illuminated advertising and related products.
§ 1 Scope of application
These General Terms and Conditions apply to current and future contracts between the Contractor and its customers for individually manufactured signage products and related services.
They are intended primarily for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. For consumers, mandatory consumer-protection rules and the provisions in § 18 remain unaffected.
Customer terms that conflict with or supplement these Terms apply only where the Contractor has expressly accepted them in text form. Individual agreements, accepted quotations, technical approvals and project-specific specifications take precedence.
§ 2 Contracted services
The agreed services may include consultation, planning, design, technical development, procurement, manufacture, packaging, delivery coordination and other project-related services for custom signage and illuminated advertising.
Installation, assembly, dismantling, maintenance or on-site coordination form part of the contract only where they are expressly included in the accepted quotation.
The Contractor may use suitable manufacturers, subcontractors, installation partners, carriers and other service providers to perform individual or all parts of the contract.
Catalogues, samples, renderings, visualisations and product depictions are illustrative unless the relevant characteristic has been expressly agreed as binding.
§ 3 Contract formation and approvals
Unless expressly described as binding, quotations are invitations to place an order. A contract is formed when a quotation is signed by both parties, accepted in text form, accepted through payment of an agreed deposit or advance, or confirmed by the Contractor.
The latest approved drawings, dimensions, colours, files, specifications and material details constitute the production basis. They replace earlier drafts, messages or visualisations where differences exist.
Approvals may be documented through email correspondence, revision histories, project folders, access logs or comparable records. Changes requested after contract formation or production approval require the Contractor’s consent and may result in additional cost and revised timing.
§ 4 Prices and additional costs
Unless stated otherwise, quotations to business customers are in euros and exclude statutory VAT.
Packaging, freight, insurance, customs duties, import charges, tolls, permits, lifting equipment, scaffolding, barriers, special access arrangements and comparable ancillary costs are charged separately unless expressly included.
Additional work caused by scope changes, repeated approval rounds, revised drawings, altered site conditions or customer-requested scheduling and logistics changes may be invoiced separately.
§ 5 Payment
Invoices are due immediately without deduction unless a different payment schedule is stated in the quotation or invoice.
Where advance or staged payment has been agreed, production, shipment and installation may be withheld until the relevant due amount has been received. Statutory default interest and recoverable enforcement costs remain unaffected.
Set-off is permitted only with claims that are undisputed, legally established or ready for decision. A right of retention must arise from the same contractual relationship.
§ 6 Cancellation and termination
Custom projects require planning, procurement and production preparation immediately after the order is placed. A customer-requested cancellation therefore does not automatically release the Customer from payment obligations.
Before production begins, the Contractor may claim 35% of the agreed order value as compensation, subject to the Customer proving that no loss or a substantially lower loss occurred. Production begins when production-relevant material is ordered or a manufacturer or supplier is commissioned, whichever occurs first.
After production begins, the Contractor may claim the agreed remuneration less expenses demonstrably saved or income obtained through alternative use, subject to mandatory law. Both parties retain the right to terminate for good cause.
§ 7 Timing and force majeure
Delivery and performance dates are estimates unless confirmed as binding in text form. Time periods begin only after technical and commercial details have been clarified, required cooperation has been completed and due advance payments have been received.
Customer-caused delays extend the schedule by a reasonable period. The Contractor is not responsible for delay caused by events outside its reasonable control, including official action, customs processes, strikes, transport disruption, supplier failure, raw-material shortages, energy outages, war, natural events or pandemics.
§ 8 Delivery and transfer of risk
Unless agreed otherwise, the Contractor selects the carrier, route, packaging and shipping method with reasonable care.
For business customers, risk transfers when the goods are handed to the carrier or other person responsible for shipment. For consumers, mandatory statutory rules on transfer of risk apply.
Visible transport damage should be photographed and reported promptly, including the outer packaging, internal protection and product. For deliveries outside the European Union, the Customer bears applicable customs duties, import taxes and local public charges unless otherwise agreed.
§ 9 Inspection, defects and acceptance
Business customers must inspect delivered goods promptly. Obvious defects, incorrect items or quantity discrepancies must be reported in text form within five working days after delivery; hidden defects must be reported promptly after discovery. Section 377 of the German Commercial Code (HGB) remains unaffected.
Where acceptance is legally or contractually required, it may not be refused for immaterial defects. Acceptance may also result from use of the work or expiry of a reasonable acceptance period after notification of completion, subject to mandatory law.
Customary manufacturing tolerances and minor variations in colour, brightness, material structure, surfaces, seams, edges, LED illumination or dimensions are not defects where the agreed use is not materially impaired.
§ 10 Warranty
Statutory defect rights apply unless these Terms lawfully provide otherwise. For business customers, the Contractor may choose between repair and replacement as subsequent performance.
For business customers, defect claims are limited to one year from delivery or, where acceptance is required, from acceptance. Mandatory longer periods, intent, gross negligence, injury to life, body or health, fraudulent concealment and product-liability rules remain unaffected.
No warranty is provided for damage caused by improper installation, unsuitable supporting structures, normal wear, incorrect care, unauthorised modification or repair, or defective information and approvals supplied by the Customer.
§ 11 Retention of title
Delivered goods remain the Contractor’s property until all due claims arising from the relevant business relationship have been paid in full.
The Customer must promptly notify the Contractor if third parties obtain access to goods subject to retention of title. Extended retention of title for processing, combination, mixing and resale applies to business customers to the extent permitted by law.
§ 12 Designs and production data
Delivery transfers ownership of the physical product only. Copyright, usage rights and ownership of drawings, renderings, technical developments, calculations, production files and other intellectual work remain with the Contractor or the respective rights holder unless expressly agreed otherwise.
Resale of the delivered product is permitted. Any further right to reproduce protected designs or use production data requires a separate agreement where applicable.
§ 13 Project references
Unless the Customer objects in text form before contract formation or no later than delivery or acceptance, the Contractor may present completed projects for portfolio and self-promotional purposes.
Reference use may include project photographs, video, visualisations, descriptions, the Customer’s name and a non-sensitive project location, subject to applicable data-protection and third-party rights.
§ 14 Customer cooperation and installation
The Customer must provide complete and timely files, dimensions, approvals, site contacts, access arrangements and other information required for planning, manufacture, delivery and installation.
Unless expressly included, the Customer is responsible for permits, structural verification, load-bearing substrates, suitable foundations and substructures, compliant power supplies, safe site access and access for delivery or installation vehicles.
Installation prices assume ordinary site conditions. Extra work involving demolition, foundations, cable routing, sealing, restoration, lifting equipment, traffic control, waiting time, repeat visits, night work or weekend work may be invoiced separately.
Where the Contractor assists with approvals or permit procedures, this is a coordination service only unless the granting of a permit has expressly been promised as a contractual result.
§ 15 Liability
Liability is unlimited for intent, gross negligence and culpable injury to life, body or health.
For ordinary negligence, liability is limited to breach of a material contractual duty and to foreseeable loss typical for the contract. To the extent permitted by law, liability for indirect loss, lost profit, business interruption and third-party claims is excluded in the absence of intent or gross negligence.
The Contractor is not responsible for customer-supplied content, dimensions, files, approvals, third-party rights, permits, structural conditions or electrical preparatory work unless their review was expressly included. The Customer confirms that it is authorised to use supplied logos, designs and other content and indemnifies the Contractor against responsible third-party claims.
§ 16 Data protection and documentation
Personal data is processed in accordance with applicable data-protection law and the current Privacy Notice.
To the extent legally permitted, the Contractor may retain project communications, approvals, file histories, shipping records, access records and installation documentation for contract performance, evidence and quality assurance.
§ 17 Law, jurisdiction and language
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer-protection rules at a consumer’s habitual residence remain unaffected.
For merchants, legal entities under public law and special funds under public law, the agreed place of jurisdiction is [PLACEHOLDER: PLACE OF JURISDICTION]. The Contractor may also bring proceedings at the Customer’s general place of jurisdiction.
Where translations are provided, the German-language version is authoritative unless expressly agreed otherwise.
§ 18 Consumers
This section applies only to consumers within the meaning of Section 13 BGB. Mandatory statutory provisions concerning risk, defects, limitation, damages and withdrawal take precedence over conflicting provisions in these Terms.
A statutory right of withdrawal may be excluded for goods that are not prefabricated and are manufactured to the consumer’s individual selection or are clearly personalised, provided the statutory requirements and information duties are satisfied.
§ 19 Online orders and configurators
Product displays, prices, configuration options and automated previews do not constitute a binding offer. They invite the Customer to submit an order, which the Contractor may accept or reject within a reasonable period for technical, production, logistical or legal reasons.
For personalised products, the files, dimensions, wording and approvals entered or submitted during the order process form the binding production basis, subject to a later documented approval.
§ 20 Severability
If a provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain effective. The invalid provision is replaced, to the extent legally possible, by a valid provision that most closely reflects its commercial purpose. The same applies to omissions.