IV. Warranty / Defects
The limitation period for material defects is 1 year from the date of transfer of risk unless the law (BGB) provides for an extension of this period. In principle, only deviations from the agreed specifications – for example in the software – that are proven by the customer and reproducible shall be deemed to be material defects. Notification of defects must be given to us in writing without delay. The scope of the warranty is limited, at our discretion, to the repair/replacement of the defective part of our product free of charge in our factory. We shall not be liable for damages of any kind arising from the use and application of our products or their documentation. The warranty does not extend to errors caused by application technology or to software, devices and systems in which interventions have been made by persons not instructed by us. In addition, the licence conditions and warranty provisions delivered with software packages apply, which the customer accepts upon receipt of the delivery.
The software products and documentation supplied by us are protected by copyright. The copyright and all rights thereto are held by the manufacturer. The purchaser may copy the software solely for the purpose of data backup. Any further copying of the software and its transfer or sale outside of a resale is expressly prohibited. The reseller shall include these contractual points in its contracts with the end customer.
- The date for the service is agreed between the customer and our head office in Merenberg. The order for a service shall be deemed to have been placed and accepted in accordance with our terms and conditions as soon as it is available at our premises or an appointment has been made.
- To ensure effective deployment of our staff, all conditions for deployment should be met on site at the specified time. Any waiting times are subject to a charge. Furthermore, in the case of equipment and systems delivered by us, the technical documents supplied shall be made available to our staff. Insofar as telephone queries are factually necessary during the assignment, the client shall provide our employee with a telephone free of charge.
- The services rendered by us are documented by the field service employee on a customer service report on our forms. The information provided therein about services rendered must be confirmed by the customer’s signature after completion of the work or, in the case of longer assignments, after every 2nd day.
- The following rates are applied for invoicing:
- Service hours: 140,00 €/h
- Expenses for travel hours: 85,00 €/h
- Surcharge in the time from 8:00 p.m. to 6:00 a.m.: + 50 %
- Surcharge on Sundays and public holidays: + 100 %
- Travel expenses for car use: 0,85 €/km
- Catering expenses: according to the current rate of the respective country
- Overnight stays: basically proven costs, otherwise a lump sum at least € 110.00 per overnight stay
- Terms of payment: 30 days net after invoicing.
- We provide advice and services free of charge to the best of our knowledge and ability, however, liability and warranty claims (of any kind whatsoever) are excluded unless our liability is mandatory under the law.
- All maintenance contracts in our price list describe a service and therefore are covered by point VI of our general terms and conditions of delivery and payment. The payment period for maintenance contracts is therefore also 30 days net after invoicing.
VII. Closing provisions
The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought.
Should individual provisions of the contract with the customer, including these General Terms and Conditions of Delivery and Payment, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.