For all deliveries and services exclusively subject to the following Terms and Conditions (GTC). Deviating agreements, amendments, assurances, quality descriptions, etc. are only binding if the supplier is confirmed in writing and in this case only for the order, agreed to it.
These terms apply only to relationships between the users / suppliers and entrepreneurs, explicitly refers to § 14 BGB reference. Then entrepreneurs within the meaning of these terms are either natural or legal persons or partnerships with legal capacity to act at the conclusion of a transaction with the user / supplier to engage in commercial or professional activity. This makes it clear that not subject to these terms in relation to the consumer within the meaning of § 13 BGB.
§ 1 contractor
Contractor is basically the Compuwave GmbH, Grünwalder Weg 13 a, 82008 Unterhaching as far as from the following provisions do not expressly stated otherwise.
§ 2 Contract Price
The contract will be concluded in writing. Since the supplier is contracted exclusively with entrepreneurs in the sense of § 14 BGB, there is no withdrawal of the purchaser.
By the supplier in advertisements and catalogs designated commendations (prices, leasing, etc.), unless otherwise agreed in writing, always non-binding. They are normally quoted exclusive of shipping charges.
All price offers are to be net prices without sales tax. The accounts are prepared in accordance with the provisions of the VAT law.
We reserve the right to change our prices accordingly, after the conclusion of the contract currency fluctuations and price changes of the upstream happen.
For maintenance and service contracts directed the award according to the hours worked plus the time for arrival and departure, which is calculated only with 80% of the compensation rate of pure working time.
§ 3 Delivery and Payment
Unless otherwise agreed, in principle, we first provide cash on delivery.
All shipments are made from the house. We take no responsibility for the cheapest shipping method.
The supplier is entitled to partial deliveries.
The procurement risk is borne by the customer. In case of inability to deliver, for whatever reason (initially or subsequently, your fault or fault, etc.), a supplier must not do.
The liability and compensation obligation of the supplier in case of impossibility of delivery or delay in delivery is limited to intent and gross negligence. Is the inability to deliver or delay in delivery by the supplier is not responsible or they are based on force majeure, such as State measures, refusal of regulatory approvals, labor disputes, shortage of raw materials, equipment failure, etc., is any liability or compensation obligation of the supplier excluded.
An agreed delivery date is the dispatching purchase to be met if the subject matter of us at the agreed delivery date the carrier was passed.
§ 4 of performance, transfer of risk
Of performance for deliveries and payments is the domicile of the supplier, hence Munich.
Regardless of the transport system of the risk of loss and degradation, wIth delivery to issue the dispatch person or institution responsible if such an agreement is lacking, which leaves the warehouse to the customer, even if we carry out the delivery itself.
When returning goods to the transfer of risk takes place only with the adoption of the product in the warehouse, which has sent the goods.
If the goods are collected from the customer, the risk to the provision of goods to the customer.
§ 5 warranty claims, warranty, liability
Notwithstanding the statutory scheme to reduce the rights of the customer due to a defect in one year, ie warranty claims expire after twelve months from delivery. Upon delivery of used goods are excluded. For defects that are due to improper handling or storage of goods, unusual wear or interference by third parties by the supplier non-authorized personnel is no liability. The same applies to damage due to normal wear and improper operation, inadequate maintenance, effects of external devices or other software. The customer has the goods undergo an entry inspection and notice of defects, objections to the quantities or quality of the goods as well as defects which can be found on careful consideration at a later date, in each case immediately in writing. Immediately say, without undue delay, thus later than two days after knowledge of the defect. Otherwise, the goods shall be free of defects.
Warranties of the manufacturer create a special relationship with the manufacturer and the customer no independent rights against the supplier. That is, claims under warranties third party (usually justified by the manufacturer) any claims against the supplier and even then not if the warranties were jointly sold to the customer without his knowledge. All claims under warranties shall be made directly against the guarantor.
Subject of the delivery is entirely the product with quality descriptions / characteristics and specifications), the purchaser / customer to the public statements of the seller / supplier to the manufacturer or its agents in particular in advertising or labeling on certain properties (eg Product expect the matter may, unless the statements that the seller did not know and did not need to know also that they had been corrected at the time of conclusion in an equivalent manner, or that they could not influence the purchase decision.
Other quality descriptions are to be understood then as if they are confirmed in writing by the supplier.
Should the customer as a remedy, remedying the defect, the customer of the supplier, before sending the goods to be informed. The supplier is free to be carried out where the remedy to rectify the defect. The supplier will arrange immediately for his costs, the implementation of the remedy to rectify the defect. This right includes the provision of the supplier of the carrier. The goods are carefully checked for the alleged defect. The customer is charged for the costs incurred in accounting, where the alleged deficiency is not confirmed.
If it appears in this review, a lack which is represented by the supplier, this will be fixed by the supplier and the product after removal of the defect be sent to the customer free of charge - or at the customer's request - to pick up provided. To remedy the defect the supplier shall have at least two weeks is given from the availability of the product. Because of the nature of the repair should be performed to rectify the defect is not possible within this period, the Supplier will inform the customer. The deadline for the elimination of the defect extended as appropriate in this case.
Repairs that are required by the client and do not exist for the warranty claims are executed against calculation of the costs burden. At the request of customers with a cost estimate is created. This is pay compensation, even if the repair is not performed thereafter.
The customer must provide sufficient data that establishes a compensation of loss of data, resulting in the elimination of the defect or otherwise carry out repair work on the goods.
When the customer as a remedy requires a new delivery of a faultless product, he is obliged to return the defective goods and to pay compensation, in addition, he has reimbursed the towed uses. Unless the customer uses or lower, the supplier can prove no more uses, go to parties based on a user fee at the following rates, namely with a useful life: more than one to three months 10% of retail value of more than three to six months 20% of retail value of more than six to twelve months, 30% of retail value of more than twelve-twenty-four months, 50% of retail value. Contractual claims, especially the compensation for consequential damages are excluded. This disclaimer does not apply to intentional or grossly negligent breach of duty of the supplier, its representatives or agents, and not when the damage is due to circumstances, has accepted for a procurement, the supplier or manufacture warranty.
§ 6 Liability in tort
Claims for damages in tort are excluded, unless the damage was caused intentionally or by gross negligence. This applies also to carry out work of our actions and agents.
§ 7 Retention of title, extended retention of title
Until complete payment and performance of all, including future claims resulting from the contracts, of whatever kind and for whatever legal reason, the delivered goods remain our property. Reserved goods may only be sold in the ordinary course of business. They connect us, however, already now all claims from the resale of goods subject to retention, irrespective of whether the goods were sold without or after processing.
The processing, mixing or transformation of the retained goods by you is always done for us. In the case of processing, combining, mixing or transformation of the retained goods produced in proportion to the invoice value of the products used in our joint ownership of the newly developed article.
You are not entitled to not pledge the retained goods, until our demands have been paid in full. In the case of third party access to the conditional goods you will be responsible for the preservation of our rights concern and notify us immediately. In such a case, and in default of payment, we have the right to enter the premises of the purchaser to be able to take in the enforcement of retention of title of the reserved commodity to us.
§ 8 payments
Our claims are due on the date stated on the invoice for payment. 30 days after the due date to be in default of a prior warning is not required. Your money is debt during the delay by 8% pa a. to pay interest above the base rate of the European Central Bank. The assertion of further damage by us is not excluded.
§ 9 PARTY RIGHTS
As you acquire only the right to use the purchased software, the license of the manufacturer after opening the sealed package or when using unsealed disks legally valid for you. It can be made any copies of software or documentation, if this is not explicitly named. The contractor does not contribute to installations for licensing bill.
§ 10 Data Protection
Orders are carried out with the aid of automatic data processing. By placing an order you give us your express consent for the processing of us in the context of the contractual relationship became known data in the context of the intended purpose of the contract, to the extent necessary for implementation or execution of the contract. They also give your consent in order that we may use the data obtained in compliance with the Federal Data Protection up to a possible formal written notice by you and pass on.
§ 11 Jurisdiction
Jurisdiction is Munich. We are also entitled to a dispute with your registered office or its derivatives / daughters.
§ 12 Applicable Law
All of our contracts and their implementation are subject exclusively to German law. The Uniform UN Sales Convention is excluded, even if the customer has his Company location abroad.
§ 13 Severability
If any provision of these terms and conditions must be wholly or partially invalid or will not affect the remaining provisions of the Terms and Conditions or the contract.