General Terms and Conditions
Our General Terms and Conditions for Repair Work
The General Terms and Conditions for Repair Work shall apply to all privities of contract with the Customer, whether they arise from a repair contract, estimates, offers etc. This shall also apply to all future privities of contract and without a renewed explicit agreement. Any contrary General Terms and Conditions of the Customer shall not become effective, since these are explicitly objected.
1. Conditions of Payment
(1) Our receivables must be balanced immediately after the receipt of the invoice, in cash, without any deductions, unless something else has explicitly been agreed upon. Cheques will only be accepted after previous agreement and only on account of performance.
(2) The assertion of the right of retention or the set-off shall only be permissible if there are counter claims which have been accepted by us or determined by a court of law, if the Customer is a merchant, a legal person or a special fund under public law (persons in accordance with § 310 I 1 BGB [German Civil Code]).The assertion of the right to withhold performance in accordance with § 320 BGB for this person subgroup, shall not be permissible and in case of default of payment, default interest on arrears of at least 8 percentage points above the ECB base rate shall be due and payable, if no higher damage occurred.
(3) The assertion of the right of retention arising from another legal relationship shall be excluded.
(4) All prices indicated are calculated ex works, do not allow packing and are exclusive of VAT.
2. Estimate of Costs:
(1) Estimates of costs are always calculated for disassembled or partly assembled devices. If the sum stated in the original estimate will be exceeded by up to 10 %, we shall be authorised to execute the repair at the expense of the Customer without special agreement. If further damage is detected, the Customer shall be informed about the additional costs, if these exceed the sum stated in the original estimate.
(2) System diagnosis of the device to be repaired and the examination causes expenses. Therefore, a lump sum of €20.00 for photo devices, €25.00 for digital cameras, €36.00 for video devices and €20.00 for printers, faxes and multifunction devices, plus shipment costs and VAT, shall be charged if:
a) no repair assignment is made,
b) no fault could be detected,
c) the device cannot be repaired or
d) other impediments exist, that cannot be resolved by the generally accepted rules of technology,
unless the time and effort, that have occurred and must be documented, entitle us for a higher compensation. In this case, the Customer shall be billed for the actual time and effort.
3. Shipment and Transfer of Perils
(1) The kind of shipment and the dispatch route shall solely be determined by us. Shipment shall be carried out by Deutsche Post AG, cash on delivery and from Zwenkau, unless no other agreements have been made.
(2) The Customer shall cover all shipment and packing costs as well as the COD charges. Packing may not be returned.
(3) We shall not be held liable for changes or deteriorations of the delivery item occurring during transport. A transport insurance covering the net value of the item shall be effected.
(4) The peril shall be transferred to the Customer as soon as the delivery item has been handed over to the forwarding agent, irrespective of whether we take over the shipment costs.
(5) Potential losses or damages shall be reported to the forwarding agent immediately after receipt of the delivery item.
4. Repair Dates and Terms
(1) Repair or delivery dates shall only be binding if these have been confirmed in writing and the adherence has not been made impossible by circumstances the plant operator is not liable for. These circumstances can be, among others, delays in the delivery of spare parts, strikes or lockouts, disruption of operations of any kind or the lack of documents that have not been submitted but are required for the repair assignment.
(2) Claims for damages arising from contracts with a delay in delivery may only be asserted in case of gross negligence or intent but not for damages arising from loss of life, bodily harm, and injury or illness.
(3) If we do not receive a repair assignment within 6 weeks after preparing an estimate of costs, we shall be entitled to return the device at the peril and the expense of the Customer, charging for the calculation of the estimate and our expenses.
5. Warranty and Liability
(1) The warranty period for all contracts shall constitute 6 months for executed works.
(2) The Customer shall set an appropriate time limit for supplementary performance if a defect occurs. This time limit shall not start until we have received the subject-matter of the contract for supplementary performance. Solely if supplementary performance is impossible or unsuccessful, the Customer shall be entitled to an appropriate reduction of the compensation or cancellation of the contract. Cancellation shall be excluded if we are only liable for minor breach of duty.
(3) If a repair is impossible and/or not to be carried out successfully according to the generally accepted rules of technology, this shall not be considered a fault of the repair work.
(4) Our liability outside the rights set forth under statutory regulations shall be excluded, except for in cases with loss of life, bodily harm, and injury or illness by us, the legal representative or vicarious agents commissioned by us or any other damages caused by grossly negligent breach of duty. In the event of such a breach of duty, the Customer may cancel the contract. If, irrespective of the above, the Customer is entitled to compensation for damages, the compensation shall be limited to the foreseeable damage typical for this type of contract up to a maximum of twice the value of the subject-matter of the contract. The exclusion of liability shall not apply to the event of fraudulent concealment of the fault and/or our acceptance of guarantee.
(5) Visible defects must be reported to us within 10 days of receipt of the device or arrival at the point of destination, in written form to avoid the expiry of warranty claims. All warranty claims shall expire if the Customer does work on the device by themselves or through third parties.
(6) Warranty claims may only be asserted upon production of the invoice for the repair.
(1) The lien of the Contractor in accordance with § 647 BGB shall cover claims from prior work performed and other services applying to the respective object. It shall also apply to other claims from the business connection if these are undisputed and legally recognised.
(2) For items we store for longer than one month after completion of the assignment, after a pick-up request, an unsuccessful attempt to return the device or the pick-up date agreed upon, we shall not accept liability for slight negligence. After the time limit set in the pick-up request has expired unsuccessfully, we shall be entitled to charge the Customer a storage fee. If the items have not been picked up 2 months after the pick-up request, we shall be entitled to send out a notice of item resale allowing us to sell the item by private contract after another month in order to balance the receivables. Potential profits shall be distributed to the Customer.
7. Dealer Contracts
(1) If repair contracts are concluded with dealers or sellers for devices that were given to them for repair work (dealer contract), the dealers or sellers as the only contractual partners shall settle the invoice for repairs and/or charges, irrespective of whether or not the repair is subject to warranty in the relationship between the dealer/seller and their customers (sales contract).
(2) If we communicate with the manufacturer/wholesaler about a warranty case for goodwill and service reasons on behalf of the Customer, they shall assign the warranty claims against the manufacturer/wholesaler to us on account of performance or, if that should be impossible, shall grant us the collection authorisation.
(3) If the dealer/seller has paid the repair invoice, we shall re-assign the warranty claims against the manufacturer/wholesaler to the dealer/seller. In this respect, the previous assignment of claims shall become invalid.
8. Severability Clause, Place of Performance, Applicable Law:
(1) If a provision is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity of any other provision.
(2) As far as legally permissible, Zwenkau shall be the place of performance and Leipzig the court of jurisdiction.
(3) German law shall also apply to deliveries abroad.
Zwenkau, May 2007