Data Privacy and General Terms of Business
Telephone: +49 (0) 8031 3544720
Fax: +49 (0) 8031 3544729
Commercial register: Amtsgericht Traunstein HRB 13203
Managing Director: Bruny Kuhar
VAT ID: DE 813084643
Most product names of hardware and software as well as company names and company logos mentioned on this website are usually also registered trademarks and should be considered as such. The digital or analog copying of information from this website as well as the display as a frame in another website requires the written approval with the exception of the freely available drivers and programs that are offered for download in this website.
General Terms of Business
1. Scope of application
1.1. Our offers, deliveries and services are made exclusively on the basis of these terms and conditions. At the latest with the receipt of the goods or services, these conditions are considered accepted. Counter-confirmations with reference to own business or purchase conditions are hereby expressly contradicted.
1.2. Written individual agreements take precedence over these terms and conditions.
2.1. Our offers are always non-binding.
2.2. We reserve the right to make technical and design changes to descriptions and information in brochures, catalogs and written documents as well as model, design and material changes in the course of technical progress, without this being able to derive any rights against us.
3.1. All prices are ex warehouse Kolbermoor. Conflicting agreements must be confirmed in writing. Prices in each case plus the applicable VAT.
4. Delivery and service time
4.1. The deadlines and deadlines quoted by us are non-binding, unless expressly agreed otherwise in writing.
4.2. All delivery dates are subject to correct and timely self-delivery. Partial deliveries are permitted.
4.3. Delays in delivery and performance due to force majeure and / or due to events that make our performance considerably more difficult or impossible, eg material procurement difficulties, breakdowns, strikes, official orders, etc., even if they occur at our suppliers or their subcontractors even for bindingly agreed deadlines and dates not responsible. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the unfulfilled part.
4.4. Otherwise, we will not be in default until the purchaser has set a grace period of at least 2 months in writing. In the event of default, the buyer is entitled to compensation for default of 0.5% for each completed week of delay, but in total up to a maximum of 5% of the invoice value of the goods and services affected by the delay. Further claims, in particular claims for damages of any kind, are excluded.
5. Shipping and transfer of risk
5.1. Shipping is at our option.
5.2. The risk is transferred to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch, in the case of direct shipment to the European port of entry.
5.3. If the shipment is delayed or made impossible without our fault, the risk shall pass to the buyer upon dispatch of the notification of readiness for shipment to the buyer.
5.4. We do not arrange insurance, unless the buyer expressly requests, the goods to be shipped to the buyer against damage in transit. Should a transport insurance be requested by the buyer, this will be done in the name and on account of the buyer at an insurance company to be selected by us. Insofar as this insurance against transport damage is completed, we are exempted from liability for such damage.
6. Warranty and liability
6.1. The warranty is between 12 and 36 months, depending on the manufacturer, from the date of the transfer of risk.
6.2. Failure to follow operating or maintenance instructions, make changes to the products, replace parts or use consumables that do not conform to the original specifications will invalidate any warranty.
6.3. The buyer must notify us of any defects in writing without delay.
6.4. For justified complaints the buyer has to send the defective part or device to us for repair; the buyer is responsible for the correct and reasonable packaging. Damages due to insufficient packaging oblige the buyer to pay damages accordingly.
6.5. The buyer can in principle demand only repair. Only if a repair has failed, further warranty rights can be asserted. Claims for compensation for damages of any kind, for whatever legal reason including consequential damages resulting from defective deliveries, are excluded.
6.6. We are only obliged to repair or replacement if the buyer has completely fulfilled his contractual obligations.
6.7. All claims against us are not assignable without written consent and can only be asserted by the customer.
7. Retention of title
7.1. We reserve the ownership of the delivered goods until the complete payment of all our due and still existing claims, no matter on what legal grounds, before.
7.2. Processing or reshaping is always done for us as a manufacturer / distributor, but without obligation for us. If our (co-) property right ceases by association, it is already agreed that the (co-) ownership of the buyer in the unified object will pass to us in proportion to the value (invoice value). The buyer keeps our (co-) property free of charge. Goods to which we are entitled (co-) ownership are referred to below as reserved goods.
7.3. The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The buyer hereby assigns to us the claims resulting from the resale or any other legal reason with regard to the reserved goods in full to us as security. We authorize the buyer in revocable manner to collect the claims assigned to us for his invoices in his own name. At our request, the buyer must disclose the assignment and provide and provide the necessary information and documents.
7.4. In the case of access by third parties to the reserved goods, in particular garnishment, the buyer must point out our ownership and notify us immediately. Any costs incurred by the buyer.
7.5. In case of breach of contract by the purchaser, in particular in case of default of payment, we are entitled to take back the reserved goods at the expense of the purchaser or, if necessary, to demand assignment of the purchaser's restitution claim against third parties. The repossession or seizure of the reserved goods by us shall not be deemed a withdrawal from the contract, unless the repayment law applies.
8.1. Unless otherwise agreed, our invoices are payable immediately without deduction.
8.2. We are entitled, despite contrary provisions of the purchaser, first to offset payments against its older debt. If costs and interest have already been incurred, the payments are to be credited against the costs, then against the interest and finally against the principal claim.
8.3. If the buyer is in default of payment, we are entitled to charge interest at the customary bank rate, but at least 5% above the relevant discount rate of the Deutsche Bundesbank.
8.4. If the buyer does not fulfill his payment obligations according to the contract or if he stops his payments or if other circumstances become known which call into question the creditworthiness of the buyer, we are entitled to call in the entire remaining debt, to demand advance payments or securities.
8.5. The buyer is only entitled to set-off, retention or reduction, even if complaints or counterclaims are asserted, if we expressly agree or if counterclaims are legally established.
9. Protection and copyrights
9.1. The buyer is obliged to inform us immediately and in writing, if he is informed about the infringement of industrial property rights or copyrights by a product supplied by us. We are alone entitled and obliged to defend the buyer against claims of the owner of such rights and to regulate these claims at his own expense, as far as these are due to the direct violation of a product supplied by us. We make every effort to give the buyer the right to use the product. If this is not possible under economically reasonable conditions, we will, at our option, modify the product so that the property right will not be violated, or take back the product and refund the purchase price less any compensation for the benefits.
9.2. If the buyer has changed the product delivered by us, or if we have designed the product on the basis of instructions of the buyer, resulting in infringement of property rights, the buyer is obliged to defend or indemnify us against claims of the owner of the injured right.
9.3. Programs and related documentation provided by us are intended for the sole use of the end user under a single, non-transferable license, and exclusively for products supplied by us. The purchaser may not make these programs and documentation available to third parties without our written consent, not even for resale of our hardware. Copies may only be made for archival purposes, as a replacement or for troubleshooting, liability or reimbursement of costs for such copies is excluded. If originals bear a copyright notice, this must be attached by the customer also to copies.
10. Customer data
10.1. Storage of customer-related data is considered as agreed.
11.1. The export of our goods to non-EU countries requires our written consent, regardless of the fact that the buyer himself is obliged to observe the legal import and export regulations.
12. Place of performance and jurisdiction
12.1. Exclusive place of jurisdiction is Traunstein.
12.2. It is only the law of the Federal Republic of Germany.
13. Partial nullity
13.1. If individual provisions are or become invalid, ineffective or contestable, they shall be interpreted or supplemented so that the intended economic purpose is achieved as precisely as possible in a legally permissible manner; the others remain unaffected. This also applies to gaps that need to be supplemented.