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Terms and Conditions

General Terms and Conditions of Business, Delivery, and Payment:
These terms and conditions apply to all current and future business relationships between YouCard Kartensysteme GmbH (hereinafter referred to as YouCard) and the contractual partner regarding the delivery of products (goods) and the provision of work (services). A contractual partner within the meaning of these terms and conditions is any natural or legal person or partnership with legal capacity that, upon conclusion of this contract, is acting in the exercise of a commercial or independent professional activity. Deviating, conflicting, or supplementary general terms and conditions of the contractual partner, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing. The contractual language is German.

Conclusion of contract and written form:
YouCard’s offers are subject to change without notice. Technical changes as well as changes in shape, color and/or weight remain reserved within reasonable limits. Drawings, illustrations, dimensions, weights and other performance data are only binding if expressly agreed in writing. By placing an order, the contractual partner declares that they wish to purchase the ordered goods or commission the ordered service. YouCard will confirm receipt of the order immediately. This confirmation does not constitute a binding acceptance of the order. The confirmation can be combined with the declaration of acceptance. YouCard is entitled to accept the contractual offer contained in the order within two weeks of receipt by YouCard. Orders, confirmations and declarations of acceptance must be made in writing or by telex (fax, email). The same applies to additions, side agreements or amendments. The service to be provided is described in detail in the confirmation letter. YouCard’s declaration of acceptance can also be made by delivery of the goods or provision of the service to the contractual partner. The conclusion of the contract is subject to the correct and timely delivery by YouCard’s suppliers. This only applies in the event that the non-delivery is not YouCard’s responsibility, in particular if a congruent hedging transaction has been concluded with YouCard’s supplier. The contractual partner will be informed immediately of the unavailability of the goods or services. The consideration will be refunded immediately.

Terms of delivery:
Stock items, e.g., dye-sublimation printers and their consumables, are generally shipped immediately with UPS, or the following day if the order is placed after 12:00 noon. If no delivery dates have been agreed, but a delivery time based on time, this period begins on the day the order confirmation is sent and ends on the day the goods are shipped by YouCard or are stored due to shipping being impossible. YouCard GmbH is not responsible for delays in delivery and performance due to forces beyond our control and events that make delivery significantly more difficult or impossible for YouCard GmbH (war, strike, lockout, energy shortage, traffic disruption, official order, etc.), even if they occur at YouCard GmbH’s suppliers or their subcontractors, even if binding deadlines and dates have been agreed. They entitle YouCard GmbH to postpone deliveries or services for the duration of the disruption plus a reasonable start-up time, or to withdraw from the contract in whole or in part due to the part not yet fulfilled. If the disruption lasts longer than three months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If YouCard GmbH is unable to fulfill the contract in whole or in part for the reasons stated above, YouCard GmbH shall be released from the delivery deadline. Claims for damages by the buyer due to delay or non-fulfillment are excluded unless YouCard GmbH is guilty of intent or gross negligence. YouCard GmbH is entitled to make partial deliveries and partial services at any time. Short deliveries, incorrect deliveries, and recognizable defects can only be complained about in writing by the buyer within eight days of receipt of the delivery. Defects that are not immediately recognizable must be reported in writing immediately upon discovery. In the event of a justified complaint, YouCard GmbH will remedy the defects at its discretion by repairing or replacing the goods free of charge. If the repair or replacement delivery fails, the buyer can demand a reduction in the price or cancel the contract. In the event of a breach of contract by the buyer – in particular, default in payment – ​​YouCard GmbH is entitled to take back the reserved goods or, if applicable, demand the assignment of the buyer’s claims for return against third parties. The taking back or seizure of the reserved goods by YouCard GmbH does not constitute a withdrawal from the contract – unless the Installment Purchase Act applies.

Packaging:
YouCard GmbH takes back packaging in accordance with its obligations under the Packaging Ordinance and disposes of it properly. The customer can return packaging to YouCard GmbH during normal business hours after prior notification, unless a different acceptance/collection point has been designated. Packaging can also be returned to YouCard GmbH upon delivery, unless a different acceptance/collection point has been designated. Packaging will only be taken back immediately after delivery of the goods (within one week). For subsequent deliveries, only after prior notification and provision. The customer bears the costs of transporting used packaging. If a designated acceptance/collection point is further away than YouCard GmbH’s premises, the customer only bears the transport costs that would be incurred for shipping to YouCard GmbH’s address. The returned packaging must be clean, free of foreign matter, and sorted according to different packaging. Otherwise, YouCard is entitled to charge the customer for the additional disposal costs.

Prices, additional costs and order placement:
Prices are quoted in the specified currency (EURO or US dollar) and apply within the Federal Republic of Germany plus statutory VAT. The prices stated in YouCard GmbH’s offer are ex works and subject to the proviso that the order data on which the offer is based remain unchanged. However, prices are valid for a maximum of three months after receipt of the offer by the customer. If the processing of an order exceeds a period of three months, the supplier is entitled to correct the prices stated in its order confirmation. If order processing is temporarily suspended at the customer’s request, YouCard GmbH is entitled to payment for work already performed, in particular for materials already ordered and other additional costs, including their storage. When placing an order, we assume that the customer is entitled to do so. We reserve the right to make typographical and printing errors and/or mistakes in our offers, correspondence, and printed materials. YouCard assumes no liability for these. Prices for printed plastic cards apply to versions in the standard colors YMCK and after prior checking of the supplied print templates for feasibility. Special colors requested by the client that fall outside of the standard colors will be charged based on the effort involved. Any agreements deviating from this require written confirmation from YouCard.

Warranty:
For defects in the service, YouCard will initially provide warranty through repair or replacement, at your discretion. If YouCard seriously and definitively refuses performance, refuses to remedy the defect and provide subsequent performance due to disproportionate costs, if subsequent performance fails, or if it is unreasonable for the contractual partner, the contractual partner may, at its discretion, only demand a reduction in the remuneration (abatement) or cancellation of the contract (withdrawal) and compensation within the scope of the limitation of liability instead of performance. Subsequent performance is generally only deemed to have failed after the second unsuccessful attempt at subsequent performance. In the case of only minor breaches of contract, in particular only minor defects, the contractual partner is not entitled to a right of withdrawal. If YouCard is not responsible for the breach of duty resulting from a defect, the contractual partner is not entitled to withdraw. The contractual partner’s rights due to defects expire one year from acceptance of the service. This does not apply if YouCard is guilty of gross negligence, or in the event of physical injury or damage to health attributable to YouCard, or in the event of the loss of life of the contractual partner. YouCard’s liability under the Product Liability Act also remains unaffected. In the event of fraudulent concealment of defects or the assumption of a guarantee for quality, further claims remain unaffected. YouCard’s warranty obligation shall be void if the defects in the delivered goods are due to improper handling, natural wear and tear, excessive use, or to interventions or modifications to the delivered goods that were made without YouCard’s prior written consent. The same applies to repairs carried out by personnel not authorized by YouCard, as well as to the use of other programs or other accessories, unless supplied by YouCard or recommended for use. Unless otherwise agreed, the warranty covers a period of 6 months. By way of derogation from this, a shorter period applies to the print head supplied with the printer if 50,000 plastic cards (for monochrome ribbons) or 10,000 plastic cards for color-printed cards (usually using the dye sublimation process YMCK or YMCKO ribbon) have been printed before the expiry of 6 months. Any guarantee is void if the purchaser has carried out repairs or modifications to the device without the cooperation of YouCard. The guarantee is also excluded for defects due to accidents, malfunctions in the power supply, climatic conditions outside the specified limits, improper transport or improper handling by the purchaser, as well as for subsequently installed wearing parts (e.g. print heads) and when using plastic cards and ribbons.that were not purchased through YouCard or recommended by YouCard. YouCard provides a 3-month warranty for spare parts. The purchaser is responsible for determining whether the plastic cards and devices supplied and/or recommended by YouCard are suitable for the intended purpose. Recommendations are not considered a guarantee of properties. YouCard does not provide any legal guarantees to the contractual partner. For plastic cards, minor color deviations and under- or over-deliveries of up to 10% exclude the right to complaint. Punching variations of up to 1.5 millimeters, which lead to different distances between the printed motifs and the card edges from card to card, do not constitute grounds for complaint. Beyond the claims for compensation regulated in these terms and conditions, YouCard GmbH is only liable – regardless of the legal basis – if YouCard is guilty of intent or gross negligence or if liability is mandatory due to the lack of guaranteed properties. This applies in particular to damages that did not occur on the delivered goods themselves. The warranty regarding the scan and read capability of plastic cards printed and/or encoded with YouCard systems is only valid under the following conditions: 1) The device must be in technically perfect working order. 2) The print heads and plastic card transport rollers must be cleaned regularly by the customer. Irrespective of this, the buyer must verify the printer’s scan and read capability using commercially available testing equipment. YouCard will not accept any claims for damages from the buyer or third parties due to the inability to scan or incorrect encoding of barcode, magnetic strip, or RFID chip cards produced with defective YouCard systems. Beginning with acceptance, YouCard undertakes to provide the necessary support for the device and to rectify malfunctions. For this purpose, the buyer must send the device in its original packaging to the YouCard factory, carriage paid, in Wetzlar. If the buyer requests support at a location specified by the buyer, YouCard will invoice travel and service costs according to the applicable rates. Cleaning and adjustment of the printer and print head are not covered by the warranty. If the customer sends a card printer to YouCard for repair during the warranty period and it turns out that the problem was not caused by a mechanical or electronic defect, but rather by incorrect settings or a lack of cleaning of the system, the repair costs may be invoiced. In this case, YouCard will also charge the customer for shipping costs. In the event of a warranty claim, the customer sends the device to YouCard at their own expense and receives the repaired device back from YouCard free of shipping costs. No warranty claim shall be valid.if a technical device is not sent in the original manufacturer’s packaging. YouCard recommends having the card printing system installed and trained by a YouCard technician, as well as concluding a service or maintenance contract. Please note that statutory warranty rights apply to the goods and/or services offered.

Materials supplied by the client:
Materials procured by the client must be delivered to YouCard free of charge. The client undertakes to deliver 5% more than agreed in order to cover material losses occurring during the work process. The accuracy of the delivered quantity will not be checked upon receipt of goods. If paper or plastic cards are provided by the client, the packaging material and waste from printing equipment, trimming, punching, etc. remain with YouCard GmbH. YouCard GmbH can reject materials provided by the client if they appear unsuitable for the execution of the order. Additional costs that arise because the materials only become unsuitable during production will be invoiced separately. This does not apply if YouCard could have verified the unsuitability of the material without unreasonable delay. If the work result is adversely affected by the unsuitability of the material for which the client is responsible, YouCard assumes no liability. The storage of raw materials, semi-finished and finished products, e.g. B. printed paper, plastic cards, chip cards, etc., only takes place after prior agreement with the client and can be charged by YouCard. This applies in particular to so-called call-off orders. YouCard assumes no liability for damage to materials stored on behalf of the client, unless the damage was caused intentionally or through gross negligence. Materials entrusted to YouCard for storage will be insured by the client against theft, fire, water, or any other peril upon request.

Retention of title:
YouCard reserves title to the goods until all claims arising from the ongoing business relationship with the contractual partner have been settled in full. The contractual partner is obligated to treat the goods with care. If maintenance and inspection work is required, the contractual partner must carry out these regularly at their own expense. The contractual partner is obligated to immediately notify YouCard GmbH of any third-party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The contractual partner must immediately notify YouCard of any change of ownership of the goods as well as of their own change of registered office. YouCard is entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the contractual partner, in particular in the event of default of payment or a breach of an obligation under the above paragraphs of this provision. The contractual partner is entitled to resell the goods in the ordinary course of business as long as they are not in default of payment. Pledging and assignments as security are not permitted. The contractual partner hereby assigns to YouCard all claims accruing to it against a third party through the resale in the amount of the invoice. YouCard accepts the assignment. Following the assignment, the contractual partner is authorized to collect the claim. YouCard reserves the right to collect the claim itself as soon as the contractual partner fails to properly fulfill its payment obligations and falls into arrears. The processing and treatment of the goods by the contractual partner always takes place in the name and on behalf of YouCard as the manufacturer. If processing takes place using items not owned by YouCard, YouCard acquires co-ownership of the new item in proportion to the value of the goods delivered by YouCard to the other processed items. The same applies to mixing. The contractual partner shall safeguard YouCard’s (co-)ownership free of charge. In the event of third-party access to the reserved goods, the buyer will point out the ownership of YouCard GmbH and notify the company immediately.

Transfer of risk:
The risk of accidental loss and accidental deterioration of the goods passes to the contracting party upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. Handover shall be deemed to have occurred if the contracting party is in default of acceptance. The costs and risk for parts sent in, whether for processing or as samples, are borne by the contracting party. Insurance for these items is the responsibility of the contracting party and must be procured by the contracting party at its own expense.

Ownership and copyright:
The operating equipment used by YouCard to manufacture the goods, in particular films, clichés, lithographs, printing plates, and standing type, remain the property of YouCard, even if they are invoiced separately, and will not be delivered. The contractual partner is solely liable if rights, in particular copyrights and industrial property rights, of third parties are violated through the execution of its order. The contractual partner indemnifies YouCard against any such claims by third parties due to such violations. The data necessary to process the contractual relationship will be stored. Unless expressly agreed otherwise in writing, the data and information submitted to YouCard in connection with the order are deemed non-confidential. Should any of the above provisions be or become invalid – for whatever legal reason – this shall not affect the validity of the remaining provisions.

Place of jurisdiction:
The place of jurisdiction for all disputes arising in connection with the contractual relationship is Wetzlar if the buyer is a registered merchant. However, YouCard reserves the right to choose the court with local jurisdiction for the buyer.

Terms of payment:
Unless otherwise agreed, invoices are payable within 14 days net cash. Repair invoices are payable immediately net. The laws of the Federal Republic of Germany apply.

Status 11/16