General Business Terms and Conditions

of PBtisk a.s., a company with the registered office at Dělostřelecká 344, 261 01 Příbram I,

business ID no.: 48 24 46 27 valid from 1.10.2024

I.
Preamble

1.1. The terms and conditions stipulated below govern the relationships between third parties (further only as the customer) and PBtisk a.s., a company with the registered office at Dělostřelecká 344, 261 01 Příbram I, business ID no.: 48 24 46 27, recorded in the Commercial Register under file no. B 17886 at the Municipal Court in Prague (further only as the company) in performance of their specific contractual obligations concerning delivery of periodical and non-periodical publications according to the relevant orders and concluded contracts, under which the customer orders printing products and the company produces these products. Conclusion of and performance under any contract on a specific delivery by the company is subject to the acceptance of these terms and conditions by the customer.

1.2. Any orders sent by customers to the company will only be accepted based on these terms and conditions applicable to any orders fulfilled by the company.

1.3. Each accepted order (further only as the order) constitutes a legally binding contract concluded between the company and the customer. The company undertakes to deliver goods and services, in particular publications (further only as the goods) under the order.

1.4. These terms and conditions take precedence over any other terms and conditions, regardless of whether such terms and conditions are referred to in an order or elsewhere, and the customer’s terms and conditions may only be binding for the company once the company has expressly accepted them in writing. In addition to orders, these terms and conditions also govern any future orders and the business relationships between the customer and the company.

II.
Terms used

2.1. For the purposes of these terms and conditions, data means print approved and correct digital data in PDF specifying a particular publication for printing purposes, in a standardised format as defined in chapter IV, Delivery of data, paragraph 4.1.

2.2. An error in the data means any defect in the delivered information and parameters that following its application would cause the outcome of the printing and bookbinding work to be clearly contrary to the client’s requirements. Errors in texts are not deemed errors in the data.

2.3. The company’s seat means the company’s operating premises at Dělostřelecká 344, 261 01 Příbram I.

2.4. A publication means any printing product produced as the outcome of the company’s business activities.

2.5. A job means performance of the agreed work and creation of specific publications in accordance with the concluded contract or the confirmed binding order.

2.6. The price of a publication means the amount determined according to the price of the job exclusive of VAT and the number of publications produced according to the concluded contract.

2.7. Job completion means production of the entire agreed quantity of publications or early termination of the contractual relationship in accordance with article VI of these Terms and Conditions.

2.8. An error in a produced publication means discrepancy between publication specification in accordance with the customer’s order (article III), in particular in terms of technical details according to article IV, (written specification, templates for production), and the reality.

2.9. Calculation details of a job mean the number of copies, format, scope, binding, material, colour scheme of a book, place of dispatching and delivery date.

III.
Order

3.1. A binding order means a written order or a valid offer sent by us, signed by the customer and containing express agreement with the company’s terms and conditions published on the company’s website www.pbtisk.cz.

3.2. Any clauses or special conditions stated in the customer’s order that would contradict the Terms and Conditions will be deemed invalid.

3.3. An order must contain the following details:

  1. Customer’s business name, including business ID no. and tax ID no., i.e. indication of whether the customer is a VAT payer;
  2. Title of the publication;
  3. Required number of copies;
  4. Publication format and number of pages;
  5. Material used to produce the publication;
  6. Colour scheme;
  7. Binding;
  8. Finishing of the material (surface finish, cut-out, etc.);
  9. Any other necessary, in particular technical details to provide comprehensive specification for printing needs;
  10. Deadline for the required completion of the job;
  11. Deadline and manner of delivering data, initial prints and sample books;
  12. Price arising from a previous enquiry or reference to the price (quote number);
  13. Indication of whether the customer requires that the produced publications be delivered to a specified location or whether the customer will collect them from the company’s seat;
  14. Specification of the location where the publications are to be delivered, if the customer requires such delivery;
  15. Indication of whether the customer will inspect the work during production of the publication;
  16. Any differences between the invoicing and delivery address.

3.4. The relationship between the abbreviations used for standardised formats, such as A4, B5 and metric values is defined in ČSN EN 6442. 

IV.
Print data

4.1. After a contract for a specific job has been concluded, the customer is required to provide the data to the company’s seat within the deadline specified by the company.

4.2. The delivered data must be in a standardised format with the parameters specified on the company’s website at www.pbtisk.cz.

4.3. After receiving the data from the customer, the company checks the data received and if any deficiencies are identified (format, resolution, incorrect data format), the necessary amendments are suggested to the customer. If the customer does not comply with the amendments to the data proposed by the company and the customer insists on job completion according to the original print data, the company will not be liable for any defects arising from or associated with this delivered data. If the customer fails to respond to the proposed correction of the print data in any manner, the company is entitled to pause job completion to the full extent and the time limit for job completion ceases to elapse in this case.

4.4. If the data complies with all required parameters, the company commences the job completion according to the concluded contract. The party preparing the data is liable for the occurrence of moiré (= an effect occurring when scanning a printed sample due to combination of the existing print screens and the regular pixel structure) or other problems caused by defective data preparation. The company is not liable for the quality of the delivered print data.

V.
Course of production

5.1. The customer is not entitled to cancel an order delivered to the company or its part, or to modify a delivered order without the company’s consent.

5.2. If a customer fails to attend any agreed inspection during production on time, the company reserves the right to continue in the production in the customer’s absence.

5.3. The tolerance applied to the dimensions in bookbinding is +/- 1 mm on each side. For V7 binding, the tolerance is +/- 3 mm for binding the title and spine material. For more demanding bookbinding technologies (V7, flexo, spiral binding), the tolerance is determined by the production technology used and the tolerance of the relevant machine (according to the technical specifications of machine manufacturers).

5.4. The company is entitled to deliver goods to the customer in lower or higher quantity compared to the quantity ordered, as long as this difference does not exceed the tolerance specified in this article. The quantity of the actually delivered goods may differ from the quantity agreed in the relevant contract as follows: by 4% in orders of up to 1,000 copies, by 2% in orders of up to 20,000, and by 1% in orders of more than 20,000 copies. If the company excludes the option of delivering less that the ordered quantity in the relevant order, the company is entitled to deliver the goods with a double of the specified tolerance in addition to the agreed quantity. If the customer excludes the option of delivering more than the ordered quantity in the relevant order, the company is entitled to deliver the goods with a double of the specified tolerance below the agreed quantity.

5.5. In the case of jobs involving bookbinding of delivered printed sheets, where the book stacks do not include spine marking allowing for checking the correct order of the sheets, the company is entitled to deliver the products in quantity lower by up to 10% compared to the required number of copies.

5.6. In the case of bookbinding, a reserve of 10% from the total number of copies, starting from 500 copies, is required for bookbinding work. The reserve required for lower numbers of copies is higher. If the delivered reserve is insufficient, this needs to be communicated to the company’s sales representative before production and an appropriate solution needs to be agreed upon. If the customer fails to resolve this insufficient reserve with the company, the company is entitled to deliver the job in a number of copies reduced by up to 10%.

5.7. In the case of bookbinding jobs, the customer is always required to deliver a bookbinding model showing the page order to avoid incorrect arrangement of the page order by the company. If multiple versions are ordered, a separate model is required for each version.

5.8. If the company binds sheets and covers (dust jackets) delivered by the customer, the sheets and covers (dust jackets) delivered by the customer must include cutting marks with a 3mm safe zone. If the delivered material does not meet these requirements, the company is not liable for any resulting bookbinding defects.

5.9. If there are inconsistencies between an order and the relevant model in bookbinding jobs or cutting marks on the product, the company is not obliged to start working on the relevant job until the inconsistency is clarified with the customer. The deadline for delivering the relevant job is extended by the appropriate time (from sending a notice to the customer to receiving the customer’s response). If the company completes a job without receiving the customer’s response, it is required to comply with the contents of the relevant order.

5.10. The customer is required to deliver the material for any bookbinding jobs duly marked, with a delivery bill stating the customer’s name and the title of the ordered job.

5.11. In the case of adverse conditions caused by poor processing of the delivered material, the company is entitled to remove the relevant job from production until the subsequent procedure is agreed upon with the customer. The company is entitled to charge any additional costs to the customer.

5.12. The company reserves the right to the tolerance of 1% of defective products from the total number of copies.

5.13. If there is a dispute between the company and the customer regarding quality of a completed job, the contractual parties undertake to respect the opinion of an independent court-appointed expert in printing selected by agreement between the contractual parties.

5.14. In the case of bookbinding of delivered printed flat sheets, the company cannot guarantee the quality of binding, if non-tested inks and coatings are used, as these inks and coatings may interact with glues, resulting in the migration of oils into glues. The company will not be responsible for these risks. The company recommends the following types of inks and coatings and guarantees the quality of bookbinding when the recommended inks and coatings are used. The quality of any other bookbinding cannot be guaranteed:

  • Inks:NOVABOARD C 990 PROTECT BIO / FlintGroup /
  • Coatings:TERRAWET G 9/703 – 040 / ACTEGA /+ SENOLITH WB PROTECTIVE COATING MATT_350772

VI.
Delivery

6.1. The company will make the utmost effort to deliver the goods in accordance with the deadline agreed upon in writing. However, these agreed deadlines are preliminary, and the company is not liable for any failure to meet these deadlines, unless this failure is intentional or caused by the company’s gross negligence. Under no circumstances will the company be liable for indirect or consequent damage, in particular any lost profit, other economic or financial loss, damaged reputation, loss of data or interruption of production, not even partially.

6.2. The delivery deadline must be expressly approved by the company to be binding. Any delay of an order caused by late delivery of the print data (longer than 24 hours from the planned delivery) or late approval of digital outputs or late approval of sent digital previews of print data (longer than 12 hours from the planned delivery), late approval of printed demo sheets (longer than 12 hours after delivery) or late delivery or change of a distribution list for dispatch (less than 5 business days prior to the delivery date within the EU) does not justify cancellation of the order, application of a penalty, default interest or any other sanctions or compensation. In these cases, the deadline for completing the relevant job is changed.

6.3. The agreed time limit for delivery begins to elapse once the company receives all documents, complete job specification, complete instructions regarding packaging and all data necessary for producing the goods. The company is not obliged to fulfil an order until it has received the documents, specification and data referred to above. If the documents, specifications or data referred to above need to be clarified or supplemented, the agreed time limit for delivery is not applied and the company proposes a new time limit to the customer.

6.4. Delivery of goods is conditional on due and timely fulfilment of the customer’s obligations. If the customer is in default with any payments concerning any previous order, the company is entitled to refrain from delivering the goods produced based on a subsequent order, to store the goods and charge the customer a storage fee to the amount equal to 2% from its price for each day of storage (however, the risk of damage to the goods is transferred to the customer at the time of storing these goods), or to withdraw from any subsequent orders at its own discretion.

6.5. If the company is objectively unable to deliver or hand over the goods (especially due to lacking information on transport, refusal to accept the goods or any other flaw in the customer’s cooperation) despite having duly informed the customer about the goods being ready for delivery, the company is entitled to arrange storage of the goods at the customer’s expense (in this case the company is entitled to reinvoice any storage fee invoiced to the company and any additional costs incurred in connection with this to the customer) or to store the goods in its own premises and charge the customer a storage fee to the amount equal to 2% from its price for each day of storage (however, the risk of damage to the goods is transferred to the customer at the time of storing these goods) at its own discretion. The customer is required to pay any cost associated with the storage and insurance of the goods, and any related expenses or compensations within 30 days of the issue of the relevant invoice.  

6.6. If the goods are stored by the company without a due legal title for more than one month, the company is entitled to dispose of the goods at its own discretion.

6.7. The company is entitled to deliver the goods in partial shipments.

6.8. The goods are deemed to be duly received by the customer upon their delivery to the address specified in the relevant order. The customer is required to inspect the delivery without undue delay and confirm its properties and quantity. The customer is required to state any objections in writing upon receipt of the goods. Otherwise, the goods are deemed to have been accepted without any objections. The customer is entitled to refuse the goods if they are visibly and significantly faulty and the customer informs the company about this within three business days from the delivery of the goods. When accepting the goods or shipping documents, the customer is required to check the goods and notify the carrier in writing (with a copy for the company) of any damage caused to the goods in transport or any other objections concerning the transport of the goods.

6.9. The company is entitled to change the shipping costs depending on the changing prices on the market.

6.10. If the customer transports the produced publications independently, the company notifies the customer to collect the produced publications from the company’s seat within 10 days. The customer is required to sign the delivery bills when collecting the goods.

6.11. The company is entitled to cancel delivery in the case of non-compliance with the agreed payment terms or in the case of force majeure, such as: social unrest, epidemic, war, fire, flood, defect on equipment, delayed transport or any other event on the subcontractor’s side.

6.12. Quality complaints must be raised without undue delay in writing, no later than 30 days from the receipt of the goods, otherwise they will be disregarded. The company is required to respond to any quality complaint at the latest within 10 days of the quality complaint being raised.

6.13. The company is not liable for any defects of a job if these defects are caused by using the material received for processing from the customer. Neither is the company liable for any defects caused by compliance with unsuitable instructions provided by the customer, provided that the company brought the unsuitability of such instructions to the client’s attention and the customer insisted on compliance with these instructions or if the company could not have found out that the instructions are unsuitable.

6.14. The company is not liable for any defects of a job caused by inappropriate storage or handling after the company has fulfilled its obligation to complete the job.

6.15. The company is entitled to propose a manner of addressing quality complaints, especially whether any defective performance will be replaced with new performance or whether the relevant quality complaints will be resolved by issuing a credit note for the defective performance, and this manner of resolving defects has priority over the customer’s choice regarding their rights arising from defective performance.

6.16. When a defect is duly claimed and the defective performance is resolved by providing new performance, the time limit for providing the new performance must be agreed upon with the customer in view of the nature of the defect and the capacity available to the company. 

6.17. If a defect is caused by reasons attributable exclusively to the company, such defect is corrected at the company’s expense. In all other cases, the defect is corrected at the customer’s expense. 

6.18. In view of the customer’s obligation to inspect the delivered goods/sample without undue delay after its delivery, the company as the party ordering transportation is not liable in any manner for any defective quantity or obvious faults of the goods, or for any damage caused to the goods during transport. 

VII.
Price of a job

7.1. The price of a job means the prive==ce in accordance with the concluded contractthe priceThe The price of a job means the price according to the concluded contract. This price is exclusive of VAT, unless stated otherwise.

7.2. If the calculation details of a job change after the relevant contract has been concluded, the company is entitled to increase the price unilaterally from the price specified in the concluded contract by the increase in the price of the relevant input.

7.3 If the customer is in default with a payment, in the case of distraint by the company or third parties, in the case of significant deterioration of the customer’s financial situation, or if the company finds out about the customer’s poor financial situation, the company is entitled to withdraw from the customer’s order, unless the order has already been fulfilled. Default with a payment will result in immediate maturity of all of the customer’s payments for jobs not yet due.

7.4. The ownership of completed publications is transferred to the customer, unless the parties agree otherwise in writing, at the time of payment of the job price according to the issued invoice. If the customer fails to pay for any order, the produced publications remain the company’s property.

VIII.
Final provisions

8.1. These terms TheseThese terms and conditions govern the company’s and the customer’s mutual rights and obligations only when the concluded written contract does not stipulate different agreement between the contractual parties.

8.2. Unless these terms and conditions or a concluded contract between the company and the customer expressly stipulate otherwise, the legal relationships established during the performance of specific contractual obligations of the parties concerning the delivery of periodical and non-periodical publications under the relevant orders and concluded contracts, where the customer acts as the party ordering printing products and the company acts as the producer of these goods, and any related legal relationships are governed by the laws of the Czech Republic, in particular the provisions of Act No. 89/2012 Coll., Civil Code, and the courts of the Czech Republic are competent to decide any disputes arising from or relating to these legal relationships .

8.3. The risk of changed circumstances pursuant to Section 1765(2) of the Civil Code is born by the customer.

8.4. When performing jobs in accordance with concluded contracts, the company undertakes to comply with the valid ČSN standards, with the exception of the abbreviations used to refer to types of binding, for example V2 and V8, which the company continues to use in accordance with the repealed ČSN 883750.

In Příbram, on the 1st of October 2024

Previous terms and conditions:

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