Jäger Health

1. Scope/General

The present General Terms and Conditions (AGB) apply only to companies within the meaning of § 14 BGB (hereinafter referred to as “Customer”). The AGB apply to all offers and contracts for deliveries and services of JÄGER HEALTH as well as to all future subsidiaries.

Only the AGB of JÄGER HEALTH apply. Deviating, conflicting, or supplementary general terms and conditions of the customer only become part of the contract if JÄGER HEALTH has expressly agreed to their validity. This requirement for consent applies in any case, for example, even if JÄGER HEALTH carries out the delivery to the customer unconditionally in the knowledge of the customer’s general terms and conditions.

In individual cases, individual agreements made with the customer (including side agreements, supplements, and amendments) take precedence over these AGB. The content of such agreements is determined by a written contract or written confirmation by JÄGER HEALTH.

2. Offers

Offers from JÄGER HEALTH are always non-binding unless otherwise agreed.

Costs for fee-based image motifs cannot be estimated in advance and are therefore not included in the offers from JÄGER HEALTH. They will be listed separately in a confirmation and billed separately if applicable.

The provision of legal or tax advisory services by JÄGER HEALTH is strictly excluded. The customer is solely responsible for the question of the legal, especially advertising, permissibility of a service to be provided.

3. Delivery

Delivery dates/times are always non-binding unless otherwise agreed.

Delivery dates/times depend on the customer promptly fulfilling any cooperation obligations, the customer releasing the delivery on time, and JÄGER HEALTH itself being supplied on time by subcontractors or cooperating companies. If a release is not required, the date of receipt of the order confirmation by the customer takes its place.

4. Transfer of Risk, Prices

Unless otherwise agreed, deliveries and prices are always “ex works.” Shipping is at the customer’s risk. At the customer’s request, JÄGER HEALTH will cover the delivery with transport insurance; the costs incurred will be borne by the customer. This also applies to the return of materials provided by the customer.

Prices are exclusive of packaging; this will be charged separately at cost price. Delivery and shipping costs will be calculated separately based on effort.

Amounts are stated in euros unless expressly stated otherwise and are payable exclusively in euros.

The statutory value-added tax is not included in the prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.

JÄGER HEALTH reserves the right to adjust prices accordingly if cost reductions or cost increases occur after the conclusion of the contract, particularly due to collective agreements or material price changes. JÄGER HEALTH will provide evidence of these to the customer upon request.

If exchange rate fluctuations of foreign currencies lead to an increase in procurement costs by more than 5%, JÄGER HEALTH is entitled to increase the price accordingly. JÄGER HEALTH must provide evidence of the exchange rate fluctuations.

Travel costs and travel times will be charged additionally at 0.70 euros per road kilometer and 70.00 euros per hour and person unless otherwise agreed.

Draft work is to be remunerated as it constitutes an artistic work, regardless of whether it is liked or not.

5. Payment Terms

Invoice amounts are due after 8 calendar days unless otherwise agreed in writing.

For services or work, 40% of the total order amount will be invoiced at the start of the project.

Furthermore, JÄGER HEALTH will issue appropriate interim invoices during the course of the order, which are due for payment within 8 working days. The interim payments made will be deducted from the final invoice.

Payments by bill of exchange are not accepted.

6. Retention of Title

JÄGER HEALTH retains ownership of all goods, works, and other work results (“reserved items”) until payment of the entire claim from the business relationship.

The customer is entitled to resell the reserved items in the ordinary course of business; however, they hereby assign to JÄGER HEALTH all claims arising from the resale against their customers or third parties in the amount of the final invoice amount (including VAT). The customer remains authorized to collect this claim even after the assignment. The authority of JÄGER HEALTH to collect the claim itself remains unaffected. However, JÄGER HEALTH undertakes not to collect the claim as long as the customer meets their payment obligations from the collected proceeds. If this is not the case, JÄGER HEALTH can demand that the customer disclose the assigned claims and their debtors to JÄGER HEALTH, provide all necessary information for collection, hand over the relevant documents, and notify the debtors (third parties) of the assignment.

7. Postal Dispatch of Advertising Mail

If JÄGER HEALTH takes over the postal preparation of advertising mail, there is no obligation for JÄGER HEALTH to check compliance with postage limits or postage regulations by the contracting party before further processing or postal delivery.

Postage costs must be paid in advance upon request. If postage demands arise after delivery by JÄGER HEALTH due to weight excesses not recognizable by JÄGER HEALTH at the time of postal delivery or other factors, the customer bears these additional costs.

The prices for postal preparation apply only to flawless, machine-processable material. If the customer delivers material that deviates from this, JÄGER HEALTH is entitled to demand an appropriate surcharge for the additional effort.

8. Customer’s Goods and Materials

The delivery of goods, materials, and documents to be supplied by the customer must be made free of charge to JÄGER HEALTH.

The customer must ensure that the content of the delivered goods, materials, and documents does not violate legal provisions, particularly with regard to copyright, youth protection, and press law, and the “right to one’s own image.” The contracting party indemnifies JÄGER HEALTH against any claims by third parties in this regard and upon first request.

JÄGER HEALTH is not obliged to check the quantities of goods, materials, or documents delivered by the customer.

JÄGER HEALTH is entitled to destroy remaining goods or excess material handed over by the customer no later than 30 days after order completion upon the customer’s request for collection. The return of excess goods and excess material will be made, if applicable, at the customer’s expense by JÄGER HEALTH.

9. Defects and Liability for Defects

Technical or material-related deviations in arrangement, dimensions, register, and color between draft, print, typesetting, proof, and print are expressly reserved and do not constitute a defect.

For printed materials, print quality, shelf life of self-copying papers of all kinds, special papers, and films, JÄGER HEALTH only provides a warranty to the extent that it is provided by the manufacturers of the goods or suppliers of JÄGER HEALTH.

JÄGER HEALTH checks mass-printed materials for defects only by stack. Complaints about defects can only be made if at least 3% of the printed materials are defective.

All obvious and/or recognized defects, shortages, or incorrect deliveries must be reported to JÄGER HEALTH in writing within 7 days, in any case before processing or resale of the delivery or repair item or work. Further obligations of the merchant according to § 377 HGB remain unaffected.

If a defect in the delivery item exists, the customer is entitled to demand subsequent performance in the form of defect removal or delivery of a new defect-free item at JÄGER HEALTH’s discretion. If a defect in the repair item or work exists, the customer is entitled to demand subsequent performance in the form of defect removal or creation of a new work at JÄGER HEALTH’s discretion. In the case of defect removal, JÄGER HEALTH is obliged to bear all necessary expenses for the purpose of defect removal, particularly transport, travel, labor, and material costs, provided these do not increase because the delivery or repair item or work has been moved to a location other than the place of performance.

None of the above provisions is intended to change the statutory or judicial burden of proof.

Otherwise, liability for material and legal defects is excluded. Any claims for damages by the customer according to § 11 remain unaffected.

10. Over-/Under-Delivery

Over- or under-deliveries of up to 10% are permissible. For colored or difficult print products, over- or under-deliveries of up to 15% are possible. These percentages increase by the industry-standard tolerance rates of the paper supplier.

The price calculation is based on the quantity actually delivered by JÄGER HEALTH.

11. Liability

JÄGER HEALTH does not check whether goods or services, particularly drafts, infringe third-party rights (copyright, trademarks, company rights, etc.) or competition law regulations. JÄGER HEALTH is not liable to the customer, including for indirect damages to the customer.

The customer is liable for ensuring that the content of delivered print templates does not violate legal provisions. Likewise, they are liable for ensuring that such print templates do not infringe third-party copyrights. In all cases, the contracting party indemnifies JÄGER HEALTH against claims by third parties upon first request.

JÄGER HEALTH is not liable for errors in documents that the customer has approved for further use.
The liability of JÄGER HEALTH for damages, regardless of the legal basis, particularly due to impossibility, delay, defective performance, breach of contract, breach of duties during contract negotiations, and tort, is limited according to the following provisions. The limitations do not apply to the liability of JÄGER HEALTH for intentional conduct, for guaranteed characteristics, for injury to life, body, or health, or under the Product Liability Act. JÄGER HEALTH is not liable in cases of simple negligence by its organs, legal representatives, employees, or other vicarious agents, unless it concerns a breach of essential contractual obligations, the restriction of which endangers the contractual purpose. If an essential contractual obligation is breached and JÄGER HEALTH is liable for damages, this liability is limited to typical foreseeable damages. The above exclusions and limitations of liability apply equally to the organs, legal representatives, employees, and other vicarious agents of JÄGER HEALTH.

12. Data Protection and Confidentiality

In this clause, the term “personal data” is defined in accordance with data protection laws, and “data protection laws” refers to the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data), the ePrivacy Directive 2002/58/EC, all national data protection laws and regulations issued under these laws or otherwise, all successor laws and regulations in their respective valid versions, and all other applicable laws regarding the processing of personal data and the protection of privacy that may exist in the respective jurisdictions.
To the extent that JÄGER HEALTH and/or the customer (collectively referred to as “parties”) receive and/or provide personal data in the course of providing or receiving services, the parties agree to comply with all applicable data protection laws relevant to the provision and/or receipt of such personal data.
JÄGER HEALTH undertakes to collect, store, use, disclose, and process personal data in connection with the provision of services only in accordance with the contract and/or the written instructions of the customer and/or within the framework of legal provisions.
The customer agrees that all personal data of employees, consultants, and agents of the customer provided to JÄGER HEALTH in connection with the provision of information services may be processed by JÄGER HEALTH in connection with the management and provision of information services and to inform the customer (including the employees, consultants, and agents of the customer) about additional JÄGER HEALTH services that may be of interest to them.

The customer is not entitled, unless otherwise agreed, to provide ideas, drafts, sketches, final drawings, originals, films, digital works, print media, addresses, or other documents made accessible to them in the course of the business relationship to third parties. Any further details are regulated by a separate confidentiality agreement, if applicable.

13. Assignment

The assignment of claims against JÄGER HEALTH is only permissible with prior written consent from JÄGER HEALTH.

14. Copyright and Industrial Property Rights

JÄGER HEALTH retains the copyright and the right to reproduce and edit JÄGER HEALTH ideas, drafts, sketches, originals, films, digital works, print media, and other work results unless otherwise expressly agreed in writing.

The customer receives the work results in PDF format unless otherwise agreed. There is no entitlement to the release of open data. For the release of open data, a fee of 30% of the order value of the corresponding documents is due unless otherwise agreed.

The reproduction of drafts by JÄGER HEALTH is not permitted without express written consent.

The granting of usage and editing rights to all work results of JÄGER HEALTH is subject to full payment. The scope of the rights transfer is determined by the contractual agreements or the purpose of the contract. § 31 Abs. 5 UrhG applies.

JÄGER HEALTH has the right to information about the use of the work results by the customer.

JÄGER HEALTH will be named as the author by the customer in publications in the usual form. Any waiver by JÄGER HEALTH of the author’s name in any form of works or work-like services requires written form.

JÄGER HEALTH is entitled to name the customer as a reference. JÄGER HEALTH is entitled to 20 copies of each produced advertising material. JÄGER HEALTH is further entitled to produce and distribute reprints of advertising materials produced for customers at its own expense in any quantity for self-promotion, including participation in competitions.

15. Address Mediation

JÄGER HEALTH acts only as an intermediary for the address lessor (address mediation) in the case of brokered addresses. Therefore, JÄGER HEALTH does not provide any warranty for defective addresses. JÄGER HEALTH also does not guarantee the accuracy of the information provided by the lessor, especially not for their assurances. The above applies accordingly to address exchanges.

The customer must pay the rental price to JÄGER HEALTH as the collection agent of the address lessor.

In the case of brokered addresses, the rental price can only be refunded upon return of the returns if the returns exceed 3% of the total amount and delivery was made within 6 weeks of delivery. JÄGER HEALTH must be provided with the original address carriers, and in the case of envelopes, also the shipping envelopes.

The customer may not use the new addresses that become known through the postal notes on the returns. The customer is obliged to provide the address lessor with each return for the purpose of revising the address collection.

The customer’s advertising must not contain any reference to the origin of the addresses unless the address lessor has agreed to such a reference.

16. Multiple Use of Addresses

The customer is only entitled to use the addresses obtained from JÄGER HEALTH once. This also includes addresses that become known due to postal return notes. The usage restriction does not apply to addresses from third parties who obtain services or goods from the customer or request an offer due to the advertising. However, addresses obtained in the context of sweepstakes are excluded from this.

In the event of a breach of the above agreement, the customer must pay JÄGER HEALTH a contractual penalty amounting to ten times the price of the address order. Claims for damages remain unaffected. In the event of claims for damages, the contractual penalty will be credited against them.

The customer agrees to monitor compliance with their obligation under item 1 by using control addresses. Proof of violation of item 1 is sufficient by presenting a control address.

17. Data Processing

All data carriers and recorded data provided by the contracting partner to JÄGER HEALTH must be suitable for processing on JÄGER HEALTH’s data processing system. The contracting partner indemnifies JÄGER HEALTH from all third-party claims regarding the data provided by them.

JÄGER HEALTH is not obliged to check the data provided. JÄGER HEALTH assumes no liability for data loss. JÄGER HEALTH disclaims any liability for content published on behalf of the customer.

Ownership and copyright of all systems, programs, program parts, and associated documentation provided by JÄGER HEALTH remain unrestricted with JÄGER HEALTH. The contracting partner undertakes not to copy such systems, programs, program parts, and associated documentation or make them accessible to third parties.

In the event of culpable infringement, the customer must pay JÄGER HEALTH a contractual penalty in the form of appropriate compensation, the amount of which will be determined by the competent regional court at its reasonable discretion in the event of a dispute. Claims for damages remain unaffected, but any contractual penalty will be credited against them.

JÄGER HEALTH reserves the right to change the systems, programs, program parts, and the place of execution used.

Provided that the contracting partner delivers correct input data, JÄGER HEALTH guarantees the accuracy of the IT work. Faulty work for which JÄGER HEALTH is responsible will be corrected by JÄGER HEALTH as far as possible, excluding further claims. The contracting partner is obliged to check the work of JÄGER HEALTH upon delivery and to inform JÄGER HEALTH of any errors immediately.

18. Place of Performance, Choice of Law, Jurisdiction

The place of performance for delivery and payment is the headquarters of JÄGER HEALTH.

The law of the Federal Republic of Germany applies; the application of the UN Sales Convention is excluded.

The non-exclusive place of jurisdiction is the business location of JÄGER HEALTH.

Status: 05/2020