A. General Terms
1. Subject to General Terms and Conditions
All our activities are subject to these terms and conditions. Differing terms and conditions of our suppliers and customers are non-binding for us,even if they are not expressly excluded. Our contracts are governed by German Law (BGB/HGB). International sales are governed by Uniform Sales Law (CISG) ,Convention of the United Nations when the states are contracting states.
Delivery dates should be fixed by contract. Delivery dates are always non-binding,in the event of delay claims for damages are excluded. If goods are shipped at the buyers request, the risk of the goods shall pass to the buyer as soon as we have handed over the goods to the person authorised for the shipment.
All prices are considered ex works /ex repair shop. Prices are considered to be the prices of the day of conclusion of the contract. If delivery will be made more than 4 month after the date of the sales contract,we are authorised to adjust prices especially because of increases of purchase prices and wages. If prices increase more than 10 % of the price agreed upon,the buyer is authorised to withdraw from the contract.
Outstanding amounts are due to payment without deduction as soon as the buyer receives the invoice. We are not obliged to accept draft and cheques,we only accept them on previous agreement and only on account of performance. In case of delay of payment we are authorised to charge interest- for individual consumers this means 5 % above the basic interest rate,for commercial traders this means 8 % above the basic interest rate (§247BGB).
We may claim compensation for higher damage caused by delay as well. Our customers have the right to prove that there is no damage or much less than the compensation claimed by us. We are authorised to claim 5,00 Euro collection expenses for every demand note. Setting-off against counterclaims is excluded if the counterclaim is not undisputed or legally determined. There is no withholding right unless it results from the same contractual relationship.
5. Reservation of Proprietary Rights
Our goods are delivered subject to reservation of title until the invoice is completely paid. Goods delivered to commercial traders are subject to reservation of title until all, as well future and conditional accounts receivable and debt claims resulting from our contractual relationship are paid. Commercial contractors are subject to the following restrictions: The contractor is allowed to resell the good delivered subject to reservation of title in the regular course of business,but not entitled to pledge or assign as security. For the goods delivered subject to reservation of title the buyer assigns all claims he may have against his customers to us, in case of further processing including the processing contingent. We will not disclose the assignment unless the buyer’s payment is not beyond schedule more than 2 weeks or unless the buyer withdraws his direct debit authorisation for us. In this case the buyer undertakes to announce the assignment to his contractors himself and to furnish us with the complete list of his debtors at once. For the identification of the names and addresses of the contractors of our buyer we are authorised to search his documents. In case the buyer does not satisfy his obligations in spite of our demand note we are authorised to take possession of the goods delivered by us any time we like, no matter if they are assembled or not. The buyer authorises us definitely to take possession of the goods delivered subject to reservation of title any place they are, as well as to disassembly. The respective owner of the goods is irrevocably legitimated to release the goods. Our customer is only allowed to possess the goods delivered subject to reservation of title until we reclaim ownership of the goods and thus withdraw from the contract. If we withdraw from the contract for goods delivered subject to reservation of title the buyer obtains a credit note for the daily value.
6. Responsibility for Material Damage/Warranties for Defects
We are liable for defects of new goods during a period of 2 years under the following conditions:
The term of liability starts the day the buyer receives the goods. The goods for which the buyer claims warranty have to be sent to us with the completely filled in customer complaint form and a proof of purchase to enable us to verify the customers complaint. In case we do not accept the claim we will send the rejected goods back if required by the buyer within 14 days after he has received our denial of liability. Complaints should be made in a short time if possible. Commercial contractors have to complain goods delivered within 8 days after delivery if they have apparent faults,unapparent faults within 8 days after the fault has occurred,- both in written form. After this period allowed for examination and sending notice of a defect or deficiency the goods are considered as approved. Liability for defects in this case is limited to malicious intent or gross negligence (§437 No. 3 BGB). Liability for defects owed to individual consumers is restricted to replacement delivery or repair at the customer’s option. Commercial contractors obtain replacement delivery or repair at our own choice. If replacement delivery or repair fails 2 times the buyer is authorised to withdraw from the contract or to reduce the price of the goods. Liability for defects is excluded if faults,impairment of serviceability or damage are caused by:
a) the goods delivered by us have been repaired or processed by others,
b) the serial number,manufacturing marks or other signs the goods have been permanently marked with have been removed,changed or made unrecognisable,
c) a different software than ours is used for Set-Top-Boxes,
d) defects caused by normal wear and tear,accidents or improper handling.
For warrantable, legitimated complaints all expenses are on our account, for illegitimated, unwarrantable complaints we charge an actual handling fee in the amount of 20 Euro (net).
7. Manufacturer’s Liability
We are liable for compensation for loss suffered because of malicious intent or gross negligence by us or auxiliary persons. Further in case of warranties or warranted characteristics or if we are responsible for the impossibility to fulfil the contract.
We further are liable for breach of contract. Liability in all cases is restricted to the amount of the purchase price and the typical predictable damages. Further liabilities in all cases are excluded.
8. General Terms
Place of performance and place of jurisdiction shall be the city in which our registered office is located.
Verbal agreements or agreements by telephone are to be fixed in written form without delay. In case single terms or conditions should be or become invalid or ineffective,the validity of the rest of the general terms and conditions is not concerned.
B. Special Terms and Conditions for Repairs
Repairs are subject to the the following additional conditions,as well as to the conditions listed under A.
1. Estimate of Cost
Before each repair we make an estimate of the costs,including the expected repair costs and the declaration of the value added tax. Deviations from the detailed estimate up to 10 % are permitted. For the estimate of costs we charge all inclusive 20 Euro (net).This amount will be charged with the total order value in case of repair order.
2. Completion Date
Completion dates agreed upon are always non-binding, we are not liable for damage because of delay.
3. Reservation of Proprietary Rights
Additional to the contractors’ lien we have a contractual lien on the goods we hold because of repair orders. The contractual lien can be claimed as well for bills outstanding from earlier repair orders or any other rendered services connected with the actual subject of the order. For other claims resulting of the contractual relationship the contractual lien can only be claimed if they are undisputed or legally determined.
4. Acceptance of the Contract Works
Our customer is obligated to accept the contract works done by us as soon as we inform him that the repair order was completed. Acceptance shall be effected by delivery of the goods after payment in advance to our bank account or cash on delivery. Our customer is beyond schedule with acceptance in case he does not accept the goods at delivery. If the customer is beyond schedule with the acceptance we are only liable for malicious intent or gross negligence. If the customer is beyond schedule with acceptance for more than 1 month we are authorised to dispose otherwise of the goods.
5. Warranties for Defects
We are liable for material damage during a period of 1 year after delivery of the goods to the customer. The conditions listed under A. No. 6 are applied accordingly.
If replacement delivery or repair fails 2 times the buyer is authorised to to withdraw from the contract or reduce the price of the repair.
6. Reservation of Proprietary Rights
Replaced or disassembled parts pass into our own ownership.