GTC

General Terms and Conditions (GTC)

1. Validity
The following general terms and conditions shall apply to all contracts, deliveries and other
operating activities, unless they are amended or excluded by explicit consent of the seller.


2. Conclusion of Contract
All offers are always non-obligatory; changes with regard to forms, colours and/or weights
shall be done within reasonable boundaries.
A contract can be concluded only with our written or printed confirmation of offer, or when
orders are executed.


3. Prices
Given prices are net prices and apply to 1000 pieces or to specifically stated units. Legal
amount of value added tax shall be charged additionally.
Confirmed prices of orders are not in every case binding for any subsequent orders of such
goods.


4. Packaging, Delivery and Transfer of Responsibility
a) Selling prices include simple binding or palletising. If the buyer wishes to have additional
packaging, it shall be charged additionally. It is also possible to borrow pallets. Records shall
be kept through “the invoice of pallets” and shall serve as a charge in the supply of goods and
a credit note at returning empty pallets. Usual commercial rules of dealing with pallets shall
apply. Quantities of pallets, which exceed the usual scope of delivery or the appropriate
period of storage, shall be charged to the buyer according to the updated price.
b) Unless otherwise agreed upon, all prices shall also include delivery. The choice of delivery
route and the manner of route shall be made by the seller. Goods can also be insured at the
buyer’s request and at his own expense. If the dispatch is delayed at the request or by fault of
the buyer, the goods shall be stored at the buyer’s expense. In this case, notification of the
dispatch shall equal dispatch.
c) The risk of accidental collapse and/or accidental deterioration of goods shall be
transferred to the buyer at the time of delivery of goods to the forwarding agent or free
carrier, and no later than on leaving the warehouse.


5. Payment Terms
Unless otherwise provided, net payment shall be executed within 30 days of payment of the
invoice, whereby the agreed upon price of the invoice shall be made available to the seller no
later than on the day of maturity of the invoice.
In the case that the invoice is not paid within the agreed upon interval, legal penalty interest
shall be charged.
If the buyer is a dealer or a legal person of public law, no suspension of payments due to any
contrary requirements of which we do not approve shall be allowed. The same applies to
balance payment with such requirements.


6. Expenses of Refusal
If the buyer unjustifiably withdraws from the issued order, the seller can demand higher
damage payment including 10% of the selling price and at least EUR 50,00 for expenses
incurred as a result of order processing and for lost profit. The buyer shall have no right to
prove lesser damage.


7. Blocks and Tools
Additional expenses for all first implementations shall be charged at cost. Blocks and tools
shall remain in the ownership of the buyer.
After the final supply, blocks and tools are stored for the period of one year, the seller does not
assume any responsibility. After storage period, the material shall be removed without
additional notification to the buyer.


8. Printing Information
The buyer must prepare printing information in the following forms/formats:
The following programmes are acceptable:
- Macromedia Freehand (eps, fh)
- Adobe Illustrator (eps, ai)
- Corel Draw
- InDesign
- PageMaker
Fonts shall be enclosed or transformed into curves. It is also necessary to pay attention to
fonts in enclosed eps (logos, etc) files. Applied colours shall be CMYK or appropriately marked
Pantone colours.
Images:
- Adobe Photoshop (eps, tiff, psd, dcs)
- Corel (eps)
Images shall be saved in EPS, TIF, PSD or TIFF format. They shall be converted into CMYK or
Pantone shall be used. Image resolution shall be 300 dpi at 100% zoom.
Fonts:
All used fonts, which have not been converted into curves, must be enclosed.
Any special cases shall be duly noted.
Media:
- CD
- E-mail
- ftp server
If possible, enclose print, but you also must enclose the low-resolution PDF file for control.
In case printing information is not of suitable quality, all additional work shall be charged
according to the current price list of the reproduction studio.


9. Scope and Period of Supply, Supply Contract until Cancellation, Delay,
Supply Incapacity
a) In general, the agreed upon quantity shall be delivered. The seller shall be entitled to
acknowledge that the supplied quantities are too large or too small, which will also apply to
replacement deliveries. Up to 500 pieces - 25%, up to 3000 pieces - 15%, above 3000
pieces -10%. In the case of partial deliveries, the seller can, using his own judgement, divide
quantity to individual deliveries.
b) In cases of contracts with uninterrupted supply until cancellation, the buyer shall be
obliged to arrange and take over ordered quantities. If the buyer fails to take over ordered
quantities within the agreed period of cancellation, the seller shall be, irrespective of any
subsequent legal rights, entitled to take over and pay for the remaining quantity. If the period
of cancellation is not defined, the seller shall, in the case that the buyer did not execute
cancellation within the usual period, be entitled to define the period for subsequent
cancellation and shall, after unsuccessful meeting of the deadline, demand subsequent legal
rights of take over and payment for the remaining ordered quantity.
c) The seller shall use all reasonable endeavours to respect the defined periods of supply.
Due to delay in specific periods of supply, a buyer who wishes to cancel the contract or
demand indemnification, shall have no right to withdraw from the determined deadline for
performing services. The extended deadline must be at least 2 weeks, and the buyer must
declare that he shall reject the service after the deadline expires. Additional deadlines shall be
provided in writing.
d) Partial supplies are allowed within the allowable range. The period of supply shall be
appropriately extended – also in the case of deadline expiration – in the cases of force
majeure and/or unforeseen obstacles preventing fulfilment of the deadline, which occur after
the contract has been concluded, and for which the seller is not liable. This shall also apply if
the seller’s supplier has experienced such circumstances. The seller shall not be held liable for
any delays or absences (caused by inability to deliver) of supplies until the seller, his
assistants or suppliers are legitimately deemed responsible. Otherwise the seller shall be held
responsible in line with legal provisions.
e) The seller shall not be responsible for any delays or undelivered (cause by inability to
deliver) supplies attributable to delay by his own supplier. After unsuccessfully meeting the
deadline of two additional weeks given to the seller, the buyer shall have no right to withdraw.


10. Presence of the Customer at printing
A customer wishing to be present at printing shall observe the deadline agreed upon in
advance. If the customer is late, he shall be charged with the waiting time of 1 machine hour,
according to the current price list and the final period of supply shall be shifted by at least 1
working day. If the customer is late by up to 3 hours, 2 internal signatures for continuation or
suspension of the process shall suffice (meaning the final deadline shall be shifted for an
indefinite number of days). In this case the customer cannot assert any claim with regard to
the printed product or untimely production of products.


11. Reservation of Title
a) Supplied goods shall remain the property of the seller until all operating liabilities have
been settled by the buyer.
b) After being expressly warned, a buyer in breach of important contractual obligations,
especially delayed payments, must return the goods.
The buyer must immediately inform the seller in writing about any distress or interventions of
third parties, as well as about damages or destruction of goods.
c) In the normal course of operations, the buyer shall be entitled to additional transfer of
goods provided that requirements from subsequent sales are transferred to the seller in the
following way: the buyer shall give the seller all requirements and all additional rights, which
originate from sales to consumers or third persons, and namely irrespective of whether the
exempted goods will be sold further without, or after, processing. The seller shall be
authorised to claim these requirements after withdrawal as well. The seller's right to claim
requirements shall remain unchanged, however, the seller shall be obligated to wait to claim
requirements until the buyer regularly fulfils his payment obligations. The seller can ask the
buyer to disclose withdrawn requirements as well as to reveal his debtors, to reveal
appropriate details in connection to the claim, to deliver documents belonging to the seller,
and to notify debtors about the withdrawal.


12. Complaint and Guarantee
The seller shall assume guarantee for goods supplied by him under provisions stated below,
which contain guarantee rules and do not represent guarantee in the legal sense:
The buyer, after the acceptance of goods, must immediately examine their quantity, quality,
and ensured properties. The goods must be checked in line with specifications agreed upon by
the seller in writing. If such specifications agreed upon in writing are not enclosed, the
specifications of supplied goods made by the manufacturer shall automatically come into
force. The seller must be informed in writing about any obvious deficiencies within the period
of cancellation, within 8 days of acceptance of goods. Burden of proof shall be transferred to
the buyer for all presupposed requirements, especially for deficiencies, at the moment
deficiency was determined, and timeliness of claim. Justifiable objections, which must be
presented in writing, are followed either by the repair of defective goods or additional supply
within the appropriate period, as decided by the seller.
a) If the buyer decides to withdraw from the contract for reasons of legal or material fault,
after unsuccessful fulfilment of deadlines, he shall have the right to compensation due to
deficiencies. If the buyer decides to claim compensation in the case of unsuccessful fulfilment
of deadlines, the goods shall remain with the buyer if admissible. Compensation shall be
limited to the difference between acquisition price and value of defective goods. This does not
apply if the seller has intentionally caused the breach of contract.
b) Usual deviations with regard to adhesion, smoothness and purity of paper, grip, colours,
pressure, weight of up to 5% more or less, and measurements of  1% or at least 3mm, are not
deemed as deficiencies. The seller shall be responsible for properties of goods with regard to
the defined manner of use only in case of appropriate written insurance.
c) We reserve the right to discrepancies in colour deviation in accordance with the standard
applying to the profession, determined using spectrophotometric control of prints, namely no
greater than delta E5 or per agreement. In case of printing with CMYK paints, we act in
compliance with SIST ISO 12647-2:2005 standard.


13. Material – Property of the Buyer
In the case that the buyer delivers his own material, the seller shall not be responsible for any
faults caused in previous stages of processing or for any faults as a result of poor quality of
supplied material. In case the production time is extended due to inappropriate quality of
material, the seller shall be entitled to charge all additional expenses incurred under this title.


14. Limitation of Liability
The seller shall not be held responsible for any minor reckless breaches of unessential
contractual obligations. In the case of other minor breaches of contractual obligations, the
responsibility of the seller shall be bound only to expected, contractually typical, direct, and
average damage, with regard to the type of goods. This also applies to minor breaches of
contractual obligations by legal representatives or assistant sellers.
The above-mentioned limitations of liability do not apply to the requirements of the buyer
within the warranty for products or in the case of physical or medical injury, or death, of the
buyer.
Claims of the buyer shall fall under the statute of limitations one year after the supply of
goods. This does not apply to the requirements of the buyer within the warranty for products
or in the case of physical or medical injury, or death, of the buyer.


15. Place of Performance, Legal Jurisdiction, Law
a) The place of performance shall be Ljubljana, Slovenia.
b) If the buyer is a dealer or a legal person of public law, the exclusive legal jurisdiction for all
disputes shall be the seller’s head office. The same applies if the buyer has no general legal
jurisdiction in Slovenia or if his place of permanent or temporary residence is unknown at the
moment the suit has been filed. The seller shall also be entitled to file a suit at the buyer’s head
office.
c) If individual provisions of the contract with the buyer, including the General Operating
Conditions, are or will prove to be, wholly or in part, ineffective, this shall not influence the
validity of other provisions. Wholly or partly ineffective provisions must be substituted with
provisions that come as close as possible to the economic success of ineffective provisions.
d) Any disputes shall be settled in an amicable way. In the event that the parties cannot
resolve disputes arising from this contract amicably, the court of jurisdiction in Ljubljana shall
settle them.