Repair service provider for:
Scope of application
1. the following terms and conditions shall apply exclusively to all initial, current and future transactions concluded with the company. The Company does not recognize any terms and conditions of the Client that deviate from these General Terms and Conditions. These shall not become part of the contract even if the company does not expressly object to them.
2 By placing the order, the customer acknowledges the exclusive validity of these terms and conditions.
3. these can also be viewed during operation
Retention of title
1. the delivered goods shall remain the property of the company until the client has settled all claims. The client undertakes to treat the purchased goods with care as long as ownership has not yet been transferred to him.
2. if items not belonging to the company are processed, the company shall become co-owner of the new item in the ratio of the value of the reserved goods to the other processed items. The client must inform us immediately in writing if the reserved goods are subject to seizure or transfer by way of security (right of attorney). This shall also apply if rights to the goods are asserted by a third party.
3. the customer is obliged to insure the goods adequately against fire and theft.
Service contract
This contract is a service contract for repair/maintenance/maintenance; it obliges us as the contractual partner to provide a specific service and the client to pay the agreed remuneration.
Warranty, notice of defects
1. defects must be reported to the company in writing within 14 days of delivery of the subject matter of the contract.
2. the client may choose subsequent performance or replacement delivery.
3. however, the company may refuse the chosen type of supplementary performance if this is associated with disproportionate costs and the other type of supplementary performance is possible without significant disadvantages for the client.
4. a withdrawal from the contract and a reduction of the agreed amount is not possible during the supplementary performance.
5. a reduction of the purchase price or withdrawal from the contract is only possible after the second failed attempt at rectification.
6 In the event of defects caused by non-observance of the operating and handling instructions or improper interventions by the client, the warranty shall lapse.
7. defects resulting from operational wear and tear or from incorrect use and operating errors are excluded from the warranty and will be checked and, if necessary, repaired and invoiced at our applicable service rates when a warranty claim is made.
Prices
1. the price lists of the company valid at the time of conclusion of the contract shall apply to the contracts, unless otherwise agreed in individual contracts.
Payments
1. invoices are payable immediately upon receipt without any deduction in cash or to an account specified by the company. The deduction of discounts requires special written agreements.
2. if the client defaults on his payment obligation in whole or in part, he shall pay interest on arrears at an annual rate of 5% above the ECB prime rate from this point in time, unless the company can prove higher damages.
3. the company is entitled to demand advance payment and to render services only after receipt of the invoice amount.
Compensation, statute of limitations
1. claims for damages by the client, regardless of the legal grounds, in particular due to breach of obligations arising from tort or from the contractual obligation itself, are excluded.
2. this does not apply in cases of mandatory liability such as intent, gross negligence, under the Product Liability Act, injury to life, limb or health and also not in the case of breach of essential contractual obligations. However, claims arising from a breach of material contractual obligations shall be limited to the foreseeable damage typical of the contract.
3. In the case of claims for damages under the Product Liability Act, the statutory limitation provisions shall apply.
Conclusion of contract
1. a contract between the company and the client is concluded either by a written order confirmation by letter, fax or e-mail from the company or by fulfillment of the order by the company. The company has the right to refuse orders that have not yet been confirmed without giving reasons.
2. orders placed verbally by the client and changes to orders that have already been confirmed shall only become effective if they have been confirmed in writing by the company.
3. the price lists of the company valid at the time of conclusion of the contract shall apply to the contracts.
Miscellaneous
1. amendments or additions to the contract must be made in writing to be legally effective.
2. should individual parts of the above General Terms and Conditions be or become invalid, the remaining provisions of these General Terms and Conditions shall remain fully effective.
Severability clause
Should individual provisions of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies in the event that the agreement contains a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to the economic purpose of the original provision or corresponds to what the author and the user would have wanted if they had considered this point.