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General conditions of business
1. General
1.1
Sales contracts are not valid until confirmed in writing or upon acceptance
of the goods by the customer.
1.2
Any transfer of rights and obligations from the sales contract requires the
written approval of StopDoc Training R. Leiter.
2. Prices and conditions of payment
2.1 The prices that apply to the delivery are the list prices or offer prices
at the time the order was placed or confirmed.
2.2 Our prices are prices before shipping costs, without software or special
accessories, installation, training or other secondary services, unless
otherwise agreed in writing.
2.3 Our invoices are payable after 30 days, net without discount. Payment is
deemed paid when StopDoc Training R.
Leiter have the sum at its disposal. In case of delayed
payment, we are entitled to charge interest on arrears for the amount of 3%
above the respective federal bank discount rate. Bills of exchange or checks
shall be accepted only by previous arrangement and in fulfillment and are not
deemed as payment until cashed. Discount and collection charges shall be
defrayed by the customer. We assume no liability for prompt presentment.
2.4 If the purchaser does not accept the goods for reasons that are his
responsibility, then we are entitled to either insist on acceptance (C and D
parts, special orders) or to request 20% of the purchase price as a flat-rate
compensation for damages (A and B parts). In the event of unusually high
damages, we reserve the right to pursue claims for these. For the duration of
the delay in acceptance by the customer, StopDoc Training R.
Leiter is entitled to store the goods on its premises or
those of a carrier or warehouse at the risk of the customer. For the duration
of the delay in acceptance the customer shall pay a flat fee of € 25.00 per
month for the storage costs incurred, without further documentation of the
costs. The flat-rate compensation shall be reduced by the proportion of
expenses or damages proven by the customer not to have been incurred. In the
case of unusually high storage costs, we retain the right to pursue claims
for these.
2.5 The purchaser has no rights of retention, as far as his counter-claim is
based on the same contractual relationship. A set-off by the customer is
excluded, unless the counter-claims of the customer have been determined to
be legally valid or have been recognized by us.
3. Period of delivery
3.1 The agreed period of delivery begins with the date of the order
confirmation.
3.2 The period of delivery shall be extended, if necessary, until the
customer has provided us with the necessary information and documents
necessary for filling the order.
3.3 Delays in delivery caused by statutory or governmental regulations (e.g.
import and export limitations) are not our responsibility. In urgent cases,
we will notify the customer of the beginning and end of such hindrances as
quickly as possible.
3.4 If we are in delay of delivery, then our liability to pay damages in case
of minor negligence is limited to the amount of 50% of the foreseeable damage.
Further claims for damages exist only if the delay is due to intentional
behavior or gross negligence.
4. Delivery, shipment, transfer of risk
4.1 Partial deliveries are deemed separate deliveries for purposes of payment
obligations, transfer of risk and liability obligations.
4.2 The method of shipment, the shipment route and the company commissioned
with the shipment can be chosen by us at our discretion, unless the customer
expressly states a preference.
4.3 The risk shall be transferred to the customer as soon as the shipment
with the ordered goods is delivered by the carrier to the purchaser. This
applies no matter who defrays the transport costs. The purchaser must
immediately notify the carrier of any apparent damages or damages detected at
a later time due to transport, in order to pursue claims against the seller.
5. Exchange or return
5.1 Exchange or return of goods is possible only in case of proven erroneous
delivery. For an accommodating exchange of goods confirmed by us in writing, a
handling fee of 10% of the value of the goods will generally be charged.
5.2 The purchaser acknowledges the copyright on software upon opening the
package. The exchange of software is not possible if the package is opened or
damaged, unless the data carriers are defective or unreadable.
6. Retention of title
6.1 We retain the ownership of the purchased goods until full payment of all
obligations from the delivery contract including secondary obligations (e.g.
exchange fees, financing fees, interest etc.) have been paid. In case of
behavior by the customer that is in breach of contract we have the right to
request that the purchased goods be returned. Reclamation or seizure of the
reserved goods does not constitute withdrawal from the contract.
6.2 In case of seizure or other interference by third parties, the customer
must notify us immediately in writing.
6.3 Processing or conversion of the purchased goods by the customer is always
performed in our behalf. If the purchased object is processed with other
objects not belonging to us, then we acquire co-ownership of the new object
in proportion of the value of the purchased object to the other objects
processed at the time of processing.
6.4 If the purchased object is combined with other objects not belonging to
us, then we acquire co-ownership of the new object in proportion of the value
of the purchased object to the other objects combined at the time of
combining. If the object of the customer is considered the main object, then
the customer must transfer proportional co-ownership to us.
6.5 The customer has the right to resell the goods in normal business
transactions; however, he assigns to us now already all claims against his
purchaser or third parties from the sale for the amount of the end sum of the
invoice.
7. Guarantee / Limits of liability
7.1 We guarantee for period required by legislation from date of delivery
that the goods are free of defects according to the current state of the art.
Liability for normal wear is excluded. Used goods are sold privately on the
condition of no guarantee whatsoever.
7.2 We will assume no liability for defects and damages resulting from
inappropriate or unauthorized use, non-compliance with instructions for use
or incorrect or negligent handling. This applies in particular to the
operation of objects with the incorrect power type or incorrect voltage,
including connection to an unsuitable power source. The same applies to
defects and damages due to fire, lightning, explosion, power surges, any type
of moisture, incorrect or missing software and/or processing data, unless the
customer can prove that these circumstances are not the cause of the defects
or damages claimed.
7.3 The guarantee is annulled if the customer allows access or repairs to
devices without the express written permission of StopDoc Training R.
Leiter or by persons not authorized by us, as far as the
defect can be proven to be caused by this.
7.4 Apparent defects must be reported in writing without delay, however no
later than ten work days after receipt of the delivery; otherwise, all claims
for damages in this connection are excluded. In commercial transactions, §§
377, 387 HGB apply in addition.
7.5 As far a defect in the purchased object exists, we are entitled to our
choice of either repairing or replacing the object. In order to prevent loss
of data as a result of repair or defect of the goods, we recommend that
periodic back-ups of data be performed, since liability for such subsequent
damages is excluded. This exclusion of liability does not apply in case of
intentional behavior or gross negligence.
7.6 If we are not willing or able to perform a replacement, if the
replacement or repair fails at least one time or if replacement is
unreasonable for the customer, then the customer has the choice of
withdrawing from the contract or requesting a reasonable reduction of the
sales contract.
7.7 Unless otherwise expressly agreed, further claims of the purchaser –
regardless of the legal basis – are excluded. Therefore we are not liable for
damages not arising directly within the purchased object; in particular, we
are not liable for lost profit or other pecuniary damage to the purchaser.
The above exclusion of liability does not apply in case the damage is due to
intentional behavior, gross negligence or lack of a warranted quality,
violation of obligations essential to the contract, failure to meet an
obligation, impossibility of performance, as well as rights in accordance
with §§ 1, 4 of the product liability law. We are not liable for the
restoration of data, unless we caused the loss intentionally or due to gross
negligence and the customer has determined that data
loss has occurred, so that the data can be reconstructed at a reasonable
expense.
7.8 For the procedure for guarantee claims, please refer to our current
information on returns and service.
8. Cancellation and compensation for non-fulfilled orders
8.1 We can withdraw from the contract if we become aware of a stopped
payment, commencement of bankruptcy or judicial composition proceedings, the
rejection of bankruptcy for lack of funds, exchange or check protests or
other concrete indications for a deterioration of the customer’s pecuniary
circumstances.
8.2 If we withdraw from the contract or if the order cannot be fulfilled for
reasons not stated that are the responsibility of the customer, then the
customer shall pay us a flat-rate compensation of 10% of the purchase price
for our expenses and the lost profit. The flat-rate compensation shall be reduced
in proportion to the expenses or damages proven by the customer not to have
been incurred. In the event of unusually high damages, we retain the right to
pursue further claims for these.
9. Software, Literature
In case the delivery includes software, the special license and other
conditions of the manufacturer apply in addition to our conditions. Upon
acceptance of the software, the purchaser acknowledges the applicability of
those conditions.
10. Utilization of customer data
We have the right to process all data related to the business relationship
with the customers in accordance with the federal data protection law. Data
will not be made available to third parties for purposes of advertising or
statistics.
11. Export license
Any permission for the export of the delivered goods required by the federal
office for the manufacturing trade in Eschborn /
Taunus must be obtained by the customer in his own behalf and at his own
expense. The failure to obtain such permission for export does not give the
customer the right to withdraw from the contract.
12. Venue, partial invalidity, applicable law
12.1 In business transactions with merchants not among those persons
designated in § 4 HGB (commercial code) and with juristic persons of public
law, the venue for all legal disputes arising from the contract including
bill of exchange and check claims is Coblenz; we also retain the right to
pursue legal action at the customer’s location.
12.2 If single provisions of the delivery contract or these general conditions
of business should be invalid, the remaining provisions remain valid. In case
of international transactions, German law applies.
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