Conditions for the Printing Industry

Conditions for the Printing Industry

For our graphic products and services the conditions of the KVGO apply.

You can open, download and print these conditions in PDF form.

Deposited on 13 January 2011 under Nr. 8/2011 at the Registry of the Court of Amsterdam.
Copyright is vested in Koninklijke KVGO.

Content

Article. 1: Definitions
Article. 2: General
Article. 3: Quotations, offers
Article. 4: Cancellation
Article. 5: Price
Article. 6: Price Changes
Article. 7: Terms of payment
Article. 8: Mode of delivery; Retention
Article. 9: Term of delivery
Article. 10: Research on delivery
Article. 11: Content and modification Agreement
Article. 12: Put-, pressure-or other tests
Article. 13: Derogations
Article. 14: Duration agreements; Periodic expenditures
Article. 15: Copyrights etc.
Article. 16: Property production means etc.
Article. 17: Property Principal, pledge
Article. 18: Materials and products supplied by the client
Article. 19: Force Majeure
Article. 20: Liability
Article. 21: Applicable law

Article 1: Definitions

In These Terms of delivery:
A. Client: The natural or legal person who has been
The supplier has ordered the manufacture of the
of business or to carry out work;
B. Supplier: The natural or legal person who is the
The contract referred to in point (a) or a
Possible order or offer in advance
Released
C. Information carriers: Magnetic tapes and discs,
Optical discs and all other means intended for the
Using equipment capturing, editing,
Transmission or reproducing or disclosure of
texts, images or other data, in the
Most broad meaning of the word;
D. Koninklijke KVGO: Royal Confederation of Graphic
Companies, based in Amstelveen.

Article 2: General

1. These terms of delivery shall apply to the
The creation, content and fulfilment of all
Between the client and the supplier closed
Agreements.
2. General (purchase) terms and conditions of the client
shall apply only if expressly and in writing
It has been agreed that these
Terms of delivery to the agreement between the parties
Will apply.

Article 3: Tenders, offers

1. The single release of a quotation, whether or not
Quotation, budget, calculation or
Similar notice, the Supplier shall not be obliged to
Concluding an agreement with the client.
2. Offers from the supplier are always without obligation and
Can only be accepted without derogations. A
Offer shall in any event be deemed to have been rejected if
This is not accepted within one month. Under Offer is
Shall mean a proposal made to the supplier to
Agreement, which is so determined that the
By accepting an agreement immediately
Arises.

Article 4: Cancellation

1. The client is entitled to make an agreement with the
The supplier with the implementation of the
Agreement has been commenced provided that the
Damage caused by the supplier. Under this damage
Be understood the losses incurred by the supplier
Profit and, in any event, the costs incurred by the supplier
has already made preparations, including those of
Reserved production capacity, purchased materials,
Invoked services and storage.
2. Cancellation of contracts for the manufacture of
Periodic expenditure referred to in paragraphs 2 and 3 of article 14
is not possible.

Article 5: Price

1. All prices quoted are excluding sales tax (VAT)
and other levies imposed by the government.
2. The price of the supplier for the
Performance only applies to the performance of the
accordance with the agreed specifications.
3. For composite offers there is no obligation
Supplying part of the total performance against
The amount indicated for this part of the offer or
Against a proportionate proportion of the total
Quoted price.
4. If no price has been agreed between the parties, but
The parties in a year preceding the agreement.
or multiple agreements with an equal or almost
The same content, the price will be based on the
Production methods used and
Calculation rates are calculated.
5. If the provisions of the preceding paragraph apply without
Of this article between the parties, no price has been agreed,
If a price has been issued only by way of estimation
Or the agreed price under this general
Conditions can be changed, the price will be
Respectively, the change is determined on a graphical
Industry as a reasonably regarded amount.

Article 6: Price changes

1. The Supplier shall be entitled to the agreed price
Increase when one or more of the following
Circumstances occur after the conclusion of the agreement
Increase in the cost of materials, Subassemblies
Services for the implementation of the
Agreement, increase in shipping costs,
Wages, employers ‘ social insurance charges,
The costs involved in other working conditions,
Introduction of new and increasing existing public levies
Raw materials, energy or residues, a
Significant change in currency ratios or, in the
In general, circumstances that are
Similar.
2. Extra laborious text, unclear copy, unclear
Sketches, drawings or models, faulty information carriers,
Faulty computer software or data files,
Improper manner of delivery of the
The client to deliver materials or products and
All similar supplies by the principal who
Supplier to more work or cost necessities
To enter into the agreement reasonably
To expect, his ground for increasing the
Agreed price. Also extraordinary or reasonably
Unforeseeable processing difficulties resulting from
The nature of the materials and products to be processed are
To increase the agreed price.
3. The Supplier shall be entitled to award the agreed
Increase or decrease the price respectively
If the client changes the original
The agreed specifications, including
Include author corrections or modified instructions after
The reception of working drawings, models and
Pressure and other tests. The supplier shall, within the
The limits of the reasonableness to these changes,
If the content of the performance to be performed by him
At least not substantially from the originally agreed
Performance is different.

Article 7: Term of payment

1. Unless otherwise agreed, the principal shall inform the
Price and the remainder of the agreement due under the
Amounts payable within 30 days after invoice date,
Without any discount, settlement or suspension, the
Can invoke. However, payment must be made in cash
Delivery if the client has a
Natural person who does not act in the exercise of
A profession or company. In case of late payment as Evenbedoeld
Is the client in default without notice
is required by the vendor.
2. The Supplier shall be entitled to an agreed
Episode in portions, after delivery of the first
Part, in addition to the payment of this section also
To ask the payment for the entire delivery
Costs incurred by typesetting, lithographs and tasting.
3. The client shall at all times and irrespective of the
Agreed payment terms, held at first
Request of the supplier to provide security for the
The agreement to the
Supplier to pay amounts. The security offered
shall be such that the claim with the appropriate
Interest and costs is properly covered and that the
The supplier will be able to recover without difficulty
Take. A possible later insufficient
At the supplier’s first request, the guarantee will
A sufficient security must be supplemented.
4. If the client does not pay in good time as in paragraph 1
Referred to in this article, it is due to the delay in the
Payment of the amount owed by him from the
The invoice date on this amount the statutory trade interest,
Or so applicable, the legal interest, due.
The supplier is authorised to charge a twelfth part of this interest
Charge any month or part of the
A month in which the client is obliged to
Payment has not been fully complied with.
5. In the case of late payment as referred to in paragraph 1 of this article,
is the client in addition to the amount owed and
The interest published thereon, held to a full
Reimbursement of both extrajudicial and judicial
Collection costs, including costs for
Lawyers, bailiffs and debt collection agencies. The
Extrajudicial costs shall be imposed on at least 15% of the principal with interest, with a
Minimum of €100.00.

Article 8: Method of delivery; Retention

1. Unless otherwise agreed, the delivery shall be
On the spot where the supplier is exercising his business.
2. The supplier shall not be obliged to supply the manufactured goods
to deliver in portions.
3. The principal shall be obliged to cooperate fully with the
To the delivery of the
The contract by the supplier to deliver matters. The
The client shall also be required to do so without
In default, if the goods to be delivered are not
The supplier’s first request to this collection or, if
The delivery to his address, the
Receipt of the goods to be delivered.
4. Any delivery of goods by the supplier to the
Client shall be subject to the property
Until the client has already fulfilled the
Which it has been held under any agreement,
including interest and costs.
5. If transport of the goods to be delivered has been agreed,
This shall be borne by the client,
Unless Franco Delivery has been agreed. The client
Always carries the risk during transport. Under transport
Including transmission of data by means of
The telephone network and any comparable transmission
Using any technical means. The adoption of
Goods of the supplier by the carrier shall be considered as proof of
That they were in good condition, unless the
The consignment note or receipt.
6. The Supplier shall not be responsible for storing the
Unless expressly agreed.
Where storage is carried out, this shall be
Risk of the client.

Article 9: Term of delivery

1. A delivery period specified by the Supplier
Unless expressly stated in writing
That it is a deadline, only an indicative
Scope. The supplier is, even at an agreed
Deadline, first in default after the originator
Failed to do so.
2. The binding of the supplier to an agreed
Deadline for delivery expires if the client
Modification of the specifications of the work or the
Provisions of article 12 (1) of these conditions
Unless the minor significance of the amendment is
Or the slight delay the supplier reasonably
is not obliged to amend the initial
The use of production capacity in time.
3. In implementing the Agreement, the principal shall be
Carried out by the supplier, that
Reasonably necessary or advisable to deliver a timely
By enabling the supplier, in particular to ensure that the
By promptly answering questions from the
Supplier, preventing defective supplies
Referred to in paragraph 2 of article 6 and by the Compliance
The provisions of paragraph 1 of article 12 and paragraphs 1 and 2
of article 18 of these terms of delivery.
4. In the case of non-compliance by the principal of the
Previous paragraph of this article and the provisions of article 7 (3),
is an agreed deadline for delivery is not
More binding and the client is in default without
Written notice by the supplier is required.
The supplier shall, without prejudice to the law of the
Rights, the performance of the Agreement shall be the responsibility of the
Until the client fails to
Has recovered. Thereafter, the supplier will
Be carried out within a reasonable period.

Article 10: Research on delivery

1. The principal shall be obliged to take competent
After delivery, examine whether the supplier
Agreement has been properly complied with and
The supplier shall forthwith inform the
To inform him as soon as it proves the opposite.
The client must Evenbedoeld Research and
To make the relevant notification within the
14 days after delivery.
2. The supplier shall always be entitled to a new sound
Performance in the place of a previous defective
performance, unless the failure is not readjustable.
3. The performance of the Agreement shall be between the parties
Sound if the client has failed
The examination or notification referred to in paragraph 1 of this
Article in time.
4. If the period referred to in paragraph 1 of this article
From 14 days to standards of reasonableness and fairness
Also for a careful and alert client as
Should not be considered to be short, it will
Period shall be extended to the first moment at the latest
To which the investigation shall inform or notify the
Supplier for the client reasonably
possible.
5. The performance of the supplier shall in any case be
Parties as sound, if the client
Supplied or part of the delivered in use
has taken, edited or processed, to third parties
Has delivered, or has made use of,
Edit or process or to third parties.
Unless the client has provided the provisions of the
Paragraph 1 of this article.

Article 11: Content and amendment of the agreement

The client bears the risk of misunderstandings
Respect of the content and implementation of the agreement
If they find their cause in the supplier’s
Incorrect, not timely or incomplete specifications received or
Other communications which are oral or
The client designated for that purpose
Transferred by any technical means
Telephone, fax and similar transmission media.

Article 12: Putting, printing or other tests

1. The principal shall be obliged to
At the request of the supplier, Drukof
Other tests carefully for errors and defects
Investigations and corrected them with
or approved to the supplier.
2. Approval of the tests by the client
The supplier shall be recognised as having the
Carried out in the preceding proceedings.
3. The Supplier shall not be liable for any deviations, errors or
And defects that have remained unnoticed by the
The client approved or corrected tests.
4. Any test manufactured at the client’s request
will be charged in addition to the agreed price,
Unless expressly agreed that the costs of the
These tests are included in the price.

Article 13: Derogations

1. Derogations between the work provided and the
The original design, drawing, copy or
Model, pressure or other test, can be
No reason for disapproval, discount, dissolution
of the contract or compensation if they are
Minor significance.
2. In assessing whether derogations in the
Total work may or may not be low
Representative sample shall be taken from the
be taken into account unless it is individually
Certain matters.
3. Derogations which, in all circumstances, are eligible
Reasonableness or a subordinate
affect the use value of the work,
are always deemed to be deviations of minor significance
To be.
4. More-or fewer deliveries compared to the agreed
Number are allowed if they are no longer or
Amounts below the following percentages:
– Circulation up to 20,000 units: 10%
– Circulation of 20,000 and more: 5%
With regard to more or less supplies of packaging printing,
However, labels and chain forms are always
A percentage of 10% allowed. The multiple or
The less delivered quantity will be charged
Calculated respectively.
5. As regards the quality and the gram weight of paper
and cardboard as deviations of minor significance
The derogations granted under article
The tolerance standards stated in the general terms and conditions of delivery
Of the Association of paper Wholesalers.
The relevant conditions are with the supplier
For inspection. The supplier shall be the principal on his
Request a copy of these conditions free of charge
Send.
6. Derogations in the other used by the supplier
Materials and Subassemblies That are allowed according to
The supply of these materials and Subassemblies
General Conditions of sale,
Deviations of minor significance.
The relevant conditions are with the supplier
For inspection. The supplier shall be the principal on his
Request a copy of these conditions free of charge
Send.

Article 14: Duration agreements; Periodic expenditures

1. An agreement to the manufacture of a periodic
Edition applies If Relevant Not expressly and in writing
Otherwise agreed, for an indefinite period and can
Terminated only by termination in accordance with the
of a notice period. This notice period is one year if
A periodic publication, which is published four times a year or
appears more frequently and 6 months if it is a periodic
Issue that appears less frequently.
2. Under a periodic edition referred to in paragraph 1 of this
Article means an edition that appears regularly.
3. Under manufacture within the meaning of paragraph 1 of this
Article shall also include the manufacture of Subassemblies
Tools such as individual booklets, lithos and
Typesetting as well as work to finish and to the
Distribution of the publication.
4. An agreement as referred to in this article may only be
Means of a registered or with acknowledgement of receipt
Letter being sent.
5. The provisions of this article may only be
Agreement.

Article 15: Copyrights etc.

1. The client warrants to the supplier that the
Fulfilment of the Agreement and in particular by the
Reproduction or making public the
Client shall receive such items as copy, matter,
Models, drawings, photographic recordings, lithographs,
Films, information carriers, computer software, data files
etc. No infringement is made of rights
Which third parties may assert under the Copyright Act
1912 or other national, supranational or international
Regulation in the field of copyright or the
The right of industrial property or the right to
regard to the tort. The client
The supplier is able to keep both in and out of line for all
Claims made by third parties under Evenbedoelde Law or
regulation.
2. Where, in respect of the accuracy of the third party’s
Rights as referred to in paragraph 1 of this article
Doubts arises or persists, the supplier is
Competent but not obliged to comply with the
Agreement until the date on which the
irrevocably, it is determined that the supplier
The performance of the agreement does not infringe any
Rights. The supplier will then
Be carried out within a reasonable period.
3. Unless otherwise expressly agreed in writing,
The supplier shall always be entitled to copyright
This may arise from the performance of the
The contract made works such as copy, Matt,
Design drawings, models, work and detail drawings,
Information carriers, computer software, data files,
Photographic recordings, lithographs, films and similar
Production and equipment as well as the relevant
Work as a separate item in the offer
Or on the invoice.
4. The supplier, in accordance with his design, to deliver
or delivered items such as copy, matting, design drawings,
Models, work and detail drawings, information carriers,
Computer software, data files, photographic
Lithographs, films and similar production and equipment,
Nor as one to the essential of that design
Part thereof, may, even if or
Insofar as the design does not contain any copyright
or other legal protection for the supplier
Does not exist without his written consent in the
Produced under any production process.
5. The client obtains after delivery by the supplier
The non-exclusive right to use the
Supplier under the agreement.
Work within the meaning of the Copyright Act 1912 or of works in
The meaning of paragraph 4 of this article. The Evenbedoelde Right to
Use is limited to the right of normal use of
The goods delivered and in particular does not entail the use of
To multiply these matters in the context of any
Manufacturing process.

Article 16: Ownership of means of production etc.

1. All goods manufactured by the supplier, such as means of production,
Subassemblies and tools, and in particular matter,
Design drawings, models, work and detail drawings,
Information carriers, computer software, data files,
Photographic recordings, lithographs, clichés, films, micro-and macro montages,
Printing plates, screenings, rotogravure cylinders,
Stypen, Stans Knives and shapes, (foil-)Preegvormen, Stamp Plates
And peripherals, remain the property of the
Supplier, even if they are a separate item on the quotation,
Listed in the Offer or invoice.
2. The supplier shall not be obliged to take the matters referred to in
to the client.
3. The Supplier shall not be obliged to the member of the first
Goods referred to in article for the client.
If the supplier and the client agree to the
That these matters will be retained by the supplier,
The duration of a period not exceeding one year and shall be
Without the supplier being capable of the suitability
to repeated use.

Article 17: Property principal, pledge

1. The Supplier shall be bound by the client in the context of the
The fulfilment of the agreement entrusted to him by the
Keep business with the care of a good custodian.
2. Notwithstanding the provisions of the previous paragraph of this article,
The client shall carry out all risks during custody
The matters referred to in paragraph 1. The client
Should, if necessary, make an insurance for this risk
Close.
3. The principal shall be obliged to ensure that the
Prior to the supply to the supplier
Of a copy, a drawing, a design, a photographic recording
Or an information carrier, a duplicate of these cases
is created. The client must
In case the cases issued during the
Storage by the supplier are lost or due to the
Damage. In this case, the
Client the supplier on request for remuneration
To provide a new copy of material costs.
4. The client grants the supplier lien on
All matters arising in connection with the fulfilment of the
Agreement with the supplier by him in the power
Supplier to several
Certainty of all that the client in which
and from which the supplier is also
Be owed, non-payable and conditional
including debts.

Article 18: The client Supplied

Materials and Products
1. If the client has agreed with the supplier,
That the client supplies material or products
Printing or processing, it shall
This provision shall take care of a
Normal planned production as timely and sound
Regards mode. The client shall, for this purpose,
of the supplier.
2. The principal shall be held in addition to the agreed
Performance Required or the equipment
Necessary products, also one for the relevant
Operation reasonable quantity of pretests, etc.
to deliver. To this end, the client shall
Vendor questions. The client is in favour of
The supplier will receive a sufficient quantity.
Confirmation of receipt of the material or the
Products by the Supplier shall not be in the recognition
That a sufficient or the transport documents
Quantity indicated is received.
3. The Supplier shall not be obliged to supply the principal
Goods received prior to printing or
Appropriate to examine the suitability for this purpose.
4. The supplier cannot be held liable for any
Too short of the fulfilment of the agreement as a
That its cause finds in extraordinary or in fairness
Unforeseeable processing difficulties for the supplier
Arising from the nature of the
The client supplied materials or products and
As a result of derogations between the
Sample initially shown to the supplier and the
Later by the client for the circulation delivered
Materials or products.
5. The supplier is not in for properties such as
Shelf life, adhesion, gloss, colour, light or colour fastness
or abrasion resistance if the client does not comply with the
The agreement has given the
Characteristics and the nature of the
Materials or products and non-sound information
Information on the operations applied for and
Surface operations applied.
6. Unless expressly agreed otherwise, the
Supplier shall not be held liable for the
Releasing, pasting, blemishes, changing gloss or color,
Nor for damaging him from the client
Received and by printing or editing
Materials and products if they have a preprocessing
such as by applying lacquer, varnish or
Anti-blemish powder.
7. The principal shall be obliged to supply the supplier with special
Difficulties or health risks during printing
Processing of the materials and equipment supplied by him
Products.
8. The supplier is entitled to the residues such as cutting waste etc.
The materials supplied by the client and the
Products as if they were owned.
The client shall be obliged at the supplier’s request
The unused materials and products as well as the
Evenbedoelde Collect residues from the supplier.

Article 19: Force majeure

1. Shortcomings of the supplier in the performance of the
Agreement may not be imputed to him,
If they are not due to his fault or under the
The law, the Agreement or the traffic in force
Views on his behalf.
2. Shortcomings of the supplier in the performance of the
Agreement as a result of war, mobilization, unrest,
Flooding, closed shipping, other blocks in
Transport, stagnation or restriction or cessation
Supply by public utilities, lack of
Gas, petroleum products or other means of energy generation,
Fire, machine fracture and other accidents,
Strikes, exclusions, actions of trade unions, export restrictions,
Other government measures, Nietlevering
Necessary materials and Subassemblies
By third parties, intentional or gross negligence on the
Other similar circumstances, shall be deemed to be
If not attributable to the supplier and give the
Client does not have the right to dissolve the
Agreement or compensation.

Article 20: Liability

1. The supplier’s liability under the
Agreement with the client is limited to a
Measure of reasonableness and fairness in the
The agreed price.
2. The Supplier shall not be liable for any damage caused by any
Nature that arises either by or after the client has
Manufactured goods after delivery,
Processed, delivered to third parties,
have made use of them,
Processing or supplying to third parties.
3. Furthermore, the Supplier shall not be liable for damage in the
form of turnover loss or decreased goodwill in the
Company or the appeal of the client.
4. The Supplier shall also not be liable for damages
Received by him from the client and
To print, edit or process the Supplier
Material or products, if the client
Supplier not at the latest when entering into the agreement
The characteristics and nature of the
These materials or products and sound information
Information on the operations applied for and
Surface operations applied.
5. If the Supplier Relevant of any damage, for which he
accordance with the agreement with the principal or
Conditions of delivery are not liable, by a third party
be held liable, the client shall
Relevant Completely indemnify and the supplier refines everything
Which he has to comply with this third party.

Article 21: Applicable law

The agreement between the supplier and the client
Governed by Dutch law.