General Business Terms
The following terms of business apply to all deliveries and offers of danner pc gesteuerte systeme, subsequently called the contractor. Any conflicting confirmations by the buyer referring to his/her business and buying conditions are objected hereby. Deviations of these conditions are only effective if they are acknowledged in written form by the contractor.
2. Offer and Subject of the Contract
Our offers are without engagement in terms of the performance, prices, amount, delivery time and additional features.Concerning the delivered amount the offer is restricted to the existing stock in terms of an indeterminate obligation limited by individual contracting. Technical changes are reserved expressively.
3. Scope of Services
The customer purchases the devices or software from the contractor as noted in the bill on the following terms. The bill is part of this contract.
4. Installation of the Software
The installation of software is executed by the customer, as long as nothing else was contracted seperately. In the latter case the occurence of operational readiness must be recorded seperately. After checking for fullfillment of installation preconditions and the fullfillment of specificated requirements of the user the completion of the installation preliminaries, the approval and the contracted accompanying measures have to be recorded seperatly in the bill.
5. Prices, Packaging and Shipping
(1) Our prices are basically the prices mentioned on our website by the time of order. Corrections of prices based on tipping mistakes or calculation mistakes are reserved. Our prices apply, if not contracted differently and expressively in written form, from the place of shipping without packaging, freight and freight from-to. The customer bears the costs of packaging and shipping. The contractor is not bound to the mentioned prices, if a delivery time longer than 4 months since receipt of order is contracted. In this case prices which are valid at the time of deliverance are applied.
(2) The Packaging becomes property of the customer and is charged by the contractor. Shipping and packaging costs are billed seperately. The choice of shipping method is made at our discretion or at buyer's option.
6. Delivery Time
(1) Delivery Time starts with the received order, however not before the obtaining of the documents, approvals and clearances by the orderer where necessary, neither before the receipt of the agreed prepayment. Delivery Time is met if the readiness for shipment is communicated before the expiration of the delivery time or if the delivery object has left the storage.
(2) In case of a transgression of delivery time customers are entitlet to set an additional time limit of at least two weeks.
(3) Claims for compensation of the customer because of a delayed delivery or impossibility are excluded within these two weeks. In cases of force majeure, industrial conflict or similar cases as well as non-deliverance of suppliers time for delivery of the contractor extends accordingly. In case of a subsequently occuring impossibility the contractor is entitled to withdraw from the contract. No compensation claims can be deducted from this.
(4) Partial delivery are admitted during the delivery time stated by the contractor, as long as the partial delivery is of interest for the customer to perform the designated use.
7. Transfer of Perils and Warranty for the Deliverance of Goods and Maintenance
(1) If the customer picks up the goods at the premises of the contractor, the peril of accidental perishing or the accidental damaging is transferred to the customer. In all other cases the peril is transferred to the customer, when the delivery is turned over to the person commissioned for the transportation of the goods or when the delivery has left the storage of the contractor for the purpose of deliverance. All deliveries are transported at the customers risk, even in the case of delivery free of carriage charges.
(2) The warranty begins with the deliverance. Obvious objections of the goods or services of the contractor must be pleaded immediatley, at the latest within 14 days after receipt, in written form. Demonstrately concealed defects must be reported upon discovery in written form. If defects are not reported in due time, the goods are considered as approved. With that the corresponding warranty claims of the customer expire.
(3) If the performance of warranty measures fails in due time, the customer can claim the reduction of payment or the recission of the contract at his/her option. Warranty claims are only granted to the direct customer and are not transferable. Warranty measures are performed within the normal working time, as long as no special arrangement was made.
(4) The contractor is not obliged to grant warranty for defects wich are caused by natural abrasion, defective or carless treatment or handling as well as extraordinary operating conditions.
(5) If repairs or changes are performed on the delivery item by the customer or by a third party without an approval in written form by the contractor, all warranty expires. This does not apply if the customer undoubtly proves that the mentioned defects were not caused by the performed repairs or changes (made by the customer or a third party).
(6) Changes in construction or shape, which are performed for technical improvement or are deducted from legal requirements, are reserved during the delivery time, as long as the delivery item is not altered substantually and the changes are reasonable for the customer.
8. Liability Limitation
(1)The following limitations of liability do not apply for damages that are based upon intention, culpable negligence or the lack of warranted characteristics, as well as personal injury.
(2) Claim of damages emerging from impossibility or delay of the service, from positive violation of contractual duty, from culpa in contrahendo and from an unlawful act are excluded toward the contractor as well as the contractors assistant or vicarius agent. The customer is responsible for the protection of his or her dataset. Liability for the loss of data is excluded as far as the loss of data is not caused by an intentional or culpably negligent Act or ormission by the contractor or as it is not based on the lack of warranted characteristics by the contractor. Possible claims of damages are limited in its amount to the defects, whose possible occurence the contractor had to anticipate reasonably by the time of the conclusion of the contract, though at most to the amount of the order value in case of damage.
(3) The contractor is not liable for defects, that where caused by mishandling of the computer system or deficient regular data securation in form of backup copies.
(4) The contractor is neither liable for lacking commercial success and damages resulting from third party claims, which emerge from contractory relations.
9. Payment for Purchase and maintenance
(1) Unless otherwise agreed bills by the contractor are due after 14 days due net.
(2) Checks are only accepted on account of performance and can be returned any time. In all cases checks are only considered payment after their redemption.
(3) In case of delay of payment the contractor is entitled to charge interest for delay to the amount of at least 3 percentage points above the respectively current base rate according to the Discount Rate Transition Act, however at least 6% p.a.
(4) Set-off is not permitted as long as counter claims are not legally established or aknowledged by the contractor. The retention of payment by the buyer for reasons resulting from counterclaims of ohter contractual relationships is forbidden.
10. Reservation of Proprietary Rights
All goods deliverd by the contractor remains his/her property until receipt of full payment and settlement of all claims resulting from the business relationship. This also applys to contingent claims. Acces by any third party to the property or joint property of the contractor have to be demonstrated by the customer immediately. The customer bears all Intervention costs resulting from this access. Claims emerging from the resale or another legal foundation concerning retained goods (including any balance demands from current account) are already transferred in its entirety from the customer to the contractor by the way of security. We revocablely enable the customer to collect the depts for his bill, that were transferred to us, on his behalf. This direct debit authorization can be revoced if the buyer/customer does not meet his/her payment obligations properly.
(1) If essential deteriorations in the financial circumstances of the customer, which may lead to doubts about his/her ability to pay, occur, we're entitled to withdraw from the contract or retain the deliveries and services and set a reasonable time limit for a preliminary payment or to provide a security. At the end of this time limit the contractor is entitled to withdraw from the contact.
(2) If the customer withdraws rightlessly from a given assignment the contractor can claim 10% of the selling price for handling charges of the given assignment and for lost profit (disregarding the possibility do claim a higher damage). The prove of a lesser damage is reserved to the customer.
12. Transferability of a Claim
The customer is not enabled to transfer his/her claims resulting from the contract.
13. Data Protection
The customer empowers the contractor and agrees to the procession, storage and evaluation of the data of the customer recieved in terms of the business relationship in terms of the federal data security law.
14. Final Clause
(1) In this contract all rights and duties of the contract parties except of special licence agreements are regulated. Other agreements do not exist. Changes are only effective if they are documented in written form and signed by both contract parties. This also applies to the alteration of the requirement of a written form.
(2) The place of fullfillment is Waiblingen. The only place of jurisdiction for all disputes between contract parties, also for exchange and check lawsuits, is, if accordable, Waiblingen.
(3) Only German right applies excluding prescriptions of the United Nations Convention on Contracts for the International Sale of Goods.
(4) If one of these regulations is ineffective, the effectiveness of the other regulations is untouched. Ineffective regulations are substituted by those effective regulations, which serve the intended commercial purpose most accurately.