Terms and Conditions

§ 1 General Provisions

These Terms and Conditions of Sale and Delivery apply to all business relationships, including future ones. This applies in particular to deliveries, services, and other legal transactions between us and our customers. Any deviating agreements or additions, as well as telephone or verbal agreements, are binding only if we confirm them in writing.

The Buyer’s terms and conditions of purchase are hereby rejected; they will not be recognized even if we do not expressly reject them again upon receipt. The invalidity of individual provisions shall not affect the validity of the contract as a whole.

§2 Offers

Our offers are always subject to change. The information contained in brochures, price lists, catalogs, newsletters, and other printed materials, or in the documents accompanying the offer—including, in particular, illustrations, descriptions, technical data, and specifications—is non-binding.

We assume no liability for the accuracy of technical data or other information contained in the manufacturer's brochures.

We reserve the right to make technical changes.

Any deviations must therefore be accepted, provided they are reasonable for the customer.

§ 3 Order Confirmation

Orders placed by telephone are binding on the customer. For us, the order becomes binding upon written confirmation. If delivery is possible, the order confirmation may also be sent together with the invoice. Objections to the order confirmation must be raised within one week of receipt. Objections must be made in writing. In the event of price and cost increases between the conclusion of the contract and the agreed delivery date, we are entitled to make a corresponding price adjustment, provided that the period between the conclusion of the contract and the agreed delivery date exceeds 4 months.

§ 4 Pricing and Payment Terms

Unless otherwise specified in the order confirmation, the purchase price is due for payment net (without deduction) within 14 days of the invoice date. If the buyer defaults on payment, we are entitled to charge interest at a rate of 10% above the applicable published base rate. We reserve the right to claim further damages resulting from the delay. The purchaser has no right of retention against our claims. Offsetting is permitted only against a counterclaim that is undisputed by us or has been established.

We reserve the right to ship orders only upon receipt of payment in advance or cash on delivery.

§ 5 Delivery

a) General Information

Delivery is made ex warehouse at the customer’s expense and risk; if delivery free of charge has been agreed, this does not affect the transfer of risk. The delivery must be inspected immediately upon receipt to ensure it is complete, undamaged, and free of defects.

b) Delivery date and delivery times

Delivery dates will be met whenever possible, but are not binding on us.

The fulfillment of orders is subject to timely and adequate delivery by our suppliers. If a delivery date confirmed by us in writing is exceeded by more than 5 weeks, you may cancel the contract. No further claims arising from such a delay in delivery may be asserted.

In the event of “force majeure,” labor disputes, government actions, or other unforeseeable obstacles that we cannot avert despite exercising reasonable care under the circumstances—whether occurring at our facility or at a supplier’s—such as operational disruptions, government intervention, delays in the delivery of goods and components, or other incorrect or untimely supply to us—shall release us from our delivery obligation for the duration of their effects and, in the event of impossibility, fully from the delivery obligation. If the aforementioned events subsequently render delivery impossible or unreasonable, we shall be entitled to withdraw from the contract.

§ 6 Shipments – Transfer of Risk

Shipping is at the buyer’s risk. If we handle delivery and installation, the risk passes to the buyer.

If shipment is delayed due to instructions from the buyer, the risk shall pass to the buyer once the goods are ready for shipment; in this case, we are entitled to charge storage fees of at least 0.5% of the invoice amount per month. In this case, the purchase price or other consideration shall become due once the goods are ready for shipment.

§ 7 Notices of Defects and Liability for Defects

Our liability is governed exclusively by these Terms and Conditions of Sale and Delivery.

Any claims not expressly granted herein, including claims for damages on any legal basis, are excluded, unless they are based on a breach of contract by us, a legal representative, or an agent that constitutes at least gross negligence.

Notices of defects must be submitted to us in writing and in specific detail without delay, no later than 5 business days after the goods arrive at their destination. Defects that cannot be detected within this period even upon careful inspection must be reported in writing immediately upon discovery. In the event of a justified complaint, we shall have the right to choose between repair, rescission (cancellation of the contract), and reduction (reduction of the purchase price).

Furthermore, no further claims may be asserted against us, in particular no claims for damages arising from direct or indirect losses, unless otherwise agreed below.

We are liable for damages resulting from defects only if our customers were specifically intended to be protected against such consequential damages through our warranty. In any case, our liability is limited to the interest in performance.

To make a warranty claim, you must send or deliver the defective parts to us, along with a detailed description of the defect, including the model and serial numbers, and a copy of the delivery receipt that accompanied the device. Improper use, storage, or handling of devices, as well as unauthorized tampering or opening of devices, will void the warranty claim.

Should any data stored on the devices being repaired be lost during our repair efforts, the client shall bear this risk.

§ 8 Intellectual Property Rights

Unless otherwise agreed, we assume no liability for any infringement of third-party intellectual property rights by the goods we deliver. The purchaser is obligated to notify us immediately if such infringements are alleged against him. If the delivered goods have been manufactured according to the purchaser’s designs or instructions, the purchaser shall indemnify us against all claims asserted by third parties on the grounds of infringement of industrial property rights. Any litigation costs shall be advanced in a reasonable amount.

§ 9 Retention of Title

We retain title to the goods and services we provide until our claims have been satisfied.

§10 Jurisdiction

We do not anticipate that our business relationship will lead to legal proceedings. Should any disputes nevertheless arise from this agreement, the exclusive venue for such disputes shall be Wels.