Conditions

GENERAL

BUSINESSAGV CONDITIONS QMAY (GTC)

Unless expressly agreed otherwise, our general terms and conditions apply to all offers, orders, sales contracts and deliveries that we make to clients (buyers). This must be in writing, verbal agreements are not permitted. They also apply to future business relationships, even if they are not expressly agreed again. Deviating general terms and conditions of the buyer are not recognized, even if we do not expressly object to them.

I. Service and repair conditions

1. General
1.1 If the following conditions do not contain any regulations, the contracting regulations for construction work (VOB) part federal regarding DIN 18299, DIN 18382, DIN 18384, DIN 18385 and DIN 18386 as "General technical contract conditions for construction work (ATV )” also part C (VOB/B or VOB/C) in extracts.
1.2 Documents belonging to the contractor's offer, such as illustrations, drawings, etc., are only to be regarded as approximately accurate in terms of dimensions and weight, unless the accuracy of dimensions and weight has been expressly confirmed. The contractor reserves the right of ownership and copyright to these documents. They may not be made accessible to third parties or misused in any other way without the consent of the contractor. If the order is not placed, customer-specific documents must be returned without being asked and in all other cases immediately upon request.

2 appointments
2.1 The agreed delivery or completion date is only binding if compliance is not made impossible by circumstances for which the contractor is not responsible. Such circumstances also include changes and the absence of documents (building permit, etc.) that are necessary for the execution of the order.
2.2 In cases of delay (when carrying out construction work), the customer only has the right to claim under § 8 No. 3 VOB/B if a time according to the calendar was agreed in writing for the start and completion and the customer specified a time after this time had expired has set a reasonable grace period and has declared that he will withdraw the order after the grace period has expired without result.

3 Costs for the uncompleted orders
Since troubleshooting time is working time, in the event that no warranty work is available, the customer will be billed for the expenses incurred and to be documented if an order cannot be carried out because:
3.1 the fault complained of could not be determined in compliance with the rules of technology;
3.2 the customer culpably misses the agreed date;
3.3 the order was withdrawn during execution;
3.4 the reception conditions when using corresponding products from the field of entertainment electronics are not given properly.

4 Warranty and Liability.
4.1 The warranty period for all work, repairs, etc. that do not

Construction works are, and for built-in material is 1 year. The regulations of the VOB/B agreed as a whole apply to construction work:
4.2 If there is a defect, the customer must set the contractor a reasonable deadline for supplementary performance. In particular, the customer must ensure that the object complained of is available to the contractor or his assignment for examination and subsequent performance.

4.3 If the contractor is obliged to provide subsequent performance, he can choose to do so by eliminating the defect or by reproducing the work.
4.4 If the supplementary performance fails, the customer is entitled to reduce the payment or to withdraw from the contract. Withdrawal is excluded if the contractor's breach of duty is irrelevant or if the subject of the contract is construction work.

4.5 In the event of injury to life, limb or health resulting from a negligent breach of duty by the contractor or an intentional or negligent breach of duty by his legal representative or vicarious agent, the contractor is liable in accordance with the statutory provisions. The same applies to other damages based on a grossly negligent breach of duty by the contractor or on an intentional or grossly negligent breach of duty by his legal representative or vicarious agent. For other damages based on the breach of essential obligations as a result of slight negligence on the part of the contractor, his legal representatives or vicarious agents, the liability of the contractor is limited to the foreseeable damage typical of the contract up to a maximum of twice the value of the object of the order. Claims for damages for other damages in the event of a breach of secondary obligations in the event of slight negligence are excluded. The contractor is not liable for other damages resulting from delay that are based on simple negligence; the statutory rights of the customer after a reasonable period of grace remain unaffected. The above exclusions and/or limitations of liability do not apply if the contractor has fraudulently concealed a defect or has assumed an independent guarantee for the quality of the item. Claims by the customer for reimbursement of futile expenses instead of claims for damages instead of performance remain unaffected.

5 Contractor's extended lien on movable property
5.1 The contractor is entitled to a lien on the customer's item that has come into his possession as a result of the order due to his claim from the order. The right of lien can also be asserted for claims from work previously carried out, spare parts deliveries and other services, insofar as they are related to the item. For other claims from the business relationship, the right of lien only applies if these are undisputed or legally binding.
5.2 If the item is not picked up within 4 weeks after the pick-up request, the contractor can charge an appropriate storage fee upon expiry of this period. If the collection does not take place at the latest 3 months after the collection request, the obligation for further storage and any liability for slightly negligent damage or loss is no longer applicable. A threat of sale must be sent to the customer 1 month before this period expires. The contractor is entitled to sell the item at market value after this period to cover his claims. Any surplus proceeds are to be reimbursed to the customer.

6 retention of title,
Insofar as the spare parts or similar inserted during repairs are not essential components, the contractor retains title to these built-in parts until all claims of the contractor from the contract have been settled.

If the customer is in default of payment or does not meet his obligations from the retention of title and the contractor has therefore declared withdrawal from the contract, the contractor can request the object for the purpose of dismantling the inserted parts. The customer bears all costs of retrieval and removal.

If the repair is carried out at the customer's, the customer must give the contractor the opportunity to carry out the removal at the customer's. Labor and travel costs are at the expense of the customer. If the customer does not give the opportunity to expand, Section 6 Paragraph 2 Sentences 1 and 2 shall apply accordingly.

II. Terms of Sale

1 Retention of Title
The items and systems sold remain the property of the seller until all claims against the customer arising from this contract have been fulfilled. The retention of title also applies to all claims that the seller has against the customer in connection with the object of purchase, e.g. B. subsequently acquired due to repairs or spare parts deliveries as well as other services. The latter does not apply if the repair by the contractor is unreasonably delayed or has failed. The items may not be resold, rented, loaned or given away, nor may they be given to third parties for repairs, until the seller has fulfilled the aforementioned claims. Likewise, backup and pledging are prohibited.
If the customer is a dealer (reseller), he is permitted to resell in the ordinary course of business provided that the claims from the resale against his customers or third parties, including all ancillary rights, are already assigned to the seller in the amount of the seller's invoice value.

During the period of retention of title, the customer is entitled to possess and use the object of purchase as long as he meets his obligations from the retention of title and is not in default of payment. If the customer is in default of payment or does not meet his obligations from the retention of title and the seller has therefore declared withdrawal from the contract, the seller can demand the object of purchase from the buyer and, after warning with a reasonable period of time, release the object of purchase by free delivery, offsetting against the purchase price Make the best possible use of the sale. The buyer bears all costs of the return and the utilization of the object of purchase. In the event of access by third parties, in particular in the event of seizure of the object of purchase or the exercise of a workshop's entrepreneurial right of lien, the customer must notify the seller immediately in writing and inform the third party immediately of the seller's retention of title. The buyer bears all costs that have to be incurred to remove access and to replace the object of purchase, insofar as they cannot be collected from third parties. The buyer has the obligation to keep the object of purchase in good condition for the duration of the retention of title and to carry out all planned maintenance work and necessary repairs immediately. to be carried out by the seller.

The seller undertakes to release the securities to which he is entitled insofar as their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 10%. –

2 Acceptance and Delay in Acceptance
If the customer does not accept the item in a timely manner, the seller is entitled to issue a

to set a reasonable grace period, to otherwise dispose of the item after its expiry and to supply the customer with a suitably extended grace period. This does not affect the rights of the seller to withdraw from the contract after setting a grace period or to demand compensation. As part of a claim for damages, the seller can demand 20% of the agreed price without VAT as compensation without proof, unless it can be proven that no damage or a significantly lower damage has occurred. The assertion of an actually higher damage remains reserved. The customer is obliged to accept partial deliveries (advance deliveries) insofar as this is reasonable.

3 Warranty and Liability
3.1 Claims for defects for all new items sold expire in 2 years, for used items in 1 year after delivery of the item. Obvious defects must be reported to the seller within two weeks of delivery - based on the dispatch of the notification - otherwise the seller is released from liability for defects.
3.2 If the delivery item is defective, the buyer has the following rights: 3.2.1 The seller is obliged to remedy the defect and will either remedy the defect or deliver a defect-free item at its own discretion.
3.2.2 If the repair fails, the buyer is entitled to withdraw from the contract or to reduce the purchase price. Withdrawal is excluded if the seller's breach of duty is only insignificant.
3.2.3 The delivery item is not defective: In the case of defects caused by damage, incorrect connection or incorrect operation by the customer, in the event of damage caused by force majeure, e.g. g. lightning, in the event of faults resulting from overstressing of mechanical or electromechanical parts due to improper use or contamination or unusual mechanical, chemical or atmospheric influences. In the field of entertainment electronics (consumer electronics), there is also no defect if the reception quality is impaired by unfavorable reception conditions or defective antennas or by external influences, in the event of damage caused by unsuitable or defective batteries inserted by the customer.'

4 Liability for Damages
4.1 In the event of injury to life, limb or health, which is based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by his legal representatives or vicarious agents, the seller is liable in accordance with the statutory provisions.
4.2 The following applies to other damages:
4.2.1 The seller is liable in accordance with the statutory provisions for damage caused by a grossly negligent breach of duty by the seller or by an intentional or grossly negligent breach of duty by his legal representatives or vicarious agents. Accessed January 2002 ISBN 3-7785-2870-X
4.2.2 for damages based on the breach of essential contractual obligations as a result of slight negligence on the part of the seller, his legal representatives or vicarious agents, the liability of the seller is limited to the foreseeable damage typical of the contract up to a maximum of twice the value of the delivery item.
4.2.3 Claims for damages for other damages in the event of a breach of secondary obligations or non-essential obligations in the event of slight negligence are excluded.
4.2.4 Claims for damages from delay based on simple negligence are excluded; the legal rights of the buyer after expiry of a reasonable period of grace remain unaffected.

4.3 The liability exclusions or limitations do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the condition of the item.
4.4 The buyer's right to reimbursement of futile expenses instead of compensation for damages in lieu of performance remains unaffected.

5 resignation
In the event of withdrawal, the seller and customer are obliged to return the services received from each other. Their value must be paid for the transfer of use or use, whereby consideration must be given to the depreciation of the object of sale that has occurred in the meantime.

III. Common provisions for services, repairs and sales 1 Prices and terms of payment

1.1 The final prices are from the business location of the contractor or seller including VAT.
1.2 All invoice amounts are payable in one sum immediately after the invoice has been issued. Partial payments for sales are only possible if they have been previously agreed in writing. 1.3 Repair invoices are to be paid in cash. Checks and bills of exchange are only accepted as payment and only after special agreement.

1.4 For services that are not included in the order or that deviate from the service description, a supplementary offer can be requested by the customer or submitted by the contractor. If this is not done, these services will be charged according to measurements and time. Section 15 No. 5 VOB/B applies to the provision of construction work with regard to the notification and proof of temporary work.
1.5 In the case of orders whose execution lasts more than one month, advance payments of 90% of the respective value of the work performed are to be made depending on the progress of the work. These must be requested by the contractor and paid by the customer within 10 days of the invoice date.

2 Jurisdiction
The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, including bill of exchange and check claims, is the registered office of the contractor or the seller.
In accordance with the regulations in points 1, 1.1 and 1.2 of the printed General Terms and Conditions, § 13 VOB/B applies exclusively to the execution of construction work with regard to warranty and liability.

Section 13 No. 4 VOB/B has the following content:

1. If no statute of limitations has been agreed in the contract for the warranty, it is 2 years for buildings and wood diseases, and one year for work on a property and for parts of furnaces that have been affected by the fire.
2. In the case of mechanical and electrotechnical/electronic systems or parts thereof, where maintenance has an impact on safety and functionality, the limitation period for warranty claims is one year, in derogation of paragraph 1, if the client has decided to grant the contractor the Not to transfer maintenance for the duration of the limitation period.

3. The period begins with acceptance of the entire service; it only begins with partial acceptance for self-contained parts of the service (§ 12 No. 2).