Terms and Conditions
PART I: Sale, Delivery and Payment
[ 1.1 General ]
[ 1.2 Conclusion of Contract ]
[ 1.3 Prices ]
[ 1.4 Delivery ]
[ 1.5 Warranty and liability ]
[ 1.6 Payment ]
[ 1.7 Retention of title ]
[ 1.8 Jurisdiction ]
PART II: Terms of Service
[ 2.1 Proof of guarantee ]
[ 2.2 Content ]
[ 2.3 Error description ]
[ 2.4 False claims ]
[ 2.5 Packaging ]
[ 2.6 Chargeable Repairs ]
[ 2.7 Transport costs ]
[ 2.8 Final provisions ]
PART I: Sale, Delivery and Payment
These terms of sale, delivery and payment are essential part of all contracts with our customers. Conflicting conditions of purchase of our customers are not valid, even if we do not contradict them expressly.
If any part of the contractual agreements, taken in each case with our customers and including these conditions, is or become invalid, this shall not affect the validity of the remaining agreements thereby. The ineffective part of the agreements is to be reinterpreted in such a way or to replace it with a provision, that its purpose is achieved through authorized channels.
Only the law of the Federal Republic of Germany apply to all transactions and their handling.
Changes in the company of the customer, change of owner, partners or legal form, relocation, the risk of insolvency or termination of business- operations must be reported to us immediately .
1.2 Conclusion of Contract
Our offers are non-binding. The correction of typographical errors and mistakes is reserved.
Our offers are non-binding. The right, to correct printing errors or mistakes, and to realize price- or product-changes during the term of a price list, is reserved. All prices are net prices plus VAT and transport costs.
FREE SHIPPING (Germany only)
- Retailers: Free Shipping up from an order value of EUR 120,- , among EUR 120,- Shipping costs: EUR 6.50
- Wholesalers: Free Shipping up from an order value of EUR 300,- , among EUR 300,- Shipping costs: EUR 6.50
- For COD-shipments additional: EUR 14.90 delivery fee
Delivery will be made at the expense and risk of the recipient, even if free delivery is agreed or done. The place of delivery is the same as the sending location. The delivery date means the date of departure from our warehouse. In the case of force majeure, including material defects, breakdowns, strikes or official measures - each case also touching our suppliers - and also not timely or not proper self-deliveries, we are entitled to withdraw from the contract wholly or partially, or, as an option, delay the delivery by the duration of the impediment. Non-compliance of delivery times do not release the buyer from his obligation. When exceeding 4 weeks, the customer is entitled to set us a reasonable, at least 6 -week grace period and to withdraw the contract after fruitless expiry of this period, but only in respect of those partial services that are not located in production. Further claims are excluded.
For custom-build goods, an over-or under-delivery of 10 % is considered to be commercially available and is not a reason for complaints. When ordering material we recommend to include a small percentage as a reserve.
Delivered shipments must be checked before acceptance in the presence of the transporter. It must be checked the integrity of the packaging and other external features (e.g. shaking noise) which would be suggesting a damage or shortage of content.
If a damaged shipment was accepted, the following measures take action(depending on the shipping method):
Post: routing via deliverer to the damage-office to check them there together with relevant officials. Notify immediately the local post office about "damage identified-after-delivery".
Freight: note on the consignment note : "damaged" and notify the sender immediately. Note: An "assumption with reservation" is counted as proper acknowledgment and will complicate or make impossible the refund of damages.
A hidden damage must be reported, in written form, to corresponding forwarder, immediately, but latest within 6 business days, .
The recipient of the shipment is liable for the consequences, if he ignores the pre-mentioned points!
For all damage the sender shall be informed without delay additionally. The packaging should be kept unchanged until clarification. All circumstances that indicate damage, occurred during transportation, shall be documented.
The choice of transport-path and -way is done by us without liability for cheapest freight. Transport-insurance we will only cover, if agreed in writing and at the expense of the customer. Returns will not be accepted, even if rejected goods, without our prior written consent. The buyer bears the transport-costs and transport-hazard in such cases. For cancellations, our approval is required in any case, a cancellation-fee of 20% of the order value will be payable, unless there is an agreement for the supply of other products. Cancellations for custom products are excluded. If the customers payments for consignments are into arrears, we are entitled to withhold the delivery without any obligation to compensate caused pecuniary loss. If negative facts about the solvency of the customer are known to us after the contract, we may either claim immediate payment in advance, cash-on-delivery-shipping or withdraw from the contract without compensation. For call-orders, the total quantity of goods must be collected within the agreed period. Are the goods not collected within that period, we are entitled to send the amounts, not yet drawn, down and invoice them. This claims are subject to our normal payment terms. Schedule changes for deliveries, desired by the customer, partial deliveries and schedules, require our written consent.
For immediate and written complaint, we will send replacement at our option, or we will issue a credit note for return of the goods. Replaced parts become our property. Failure of subsequent performance or replacement not within a reasonable time, give our customer the right, to reduce or, if he is not a merchant, the right to cancel the order. Further claims for compensation are excluded. Exceptions are claims for compensation, concerning: Lack of warranted qualities and injuries to life , body or health. A warranty is not given for defects, which caused by improper usage or treatment. The warranty period is 1 year from the transfer of risk. During the time of repair, the warranty is inhibited. Also excluded is the liability for consequential damages, regardless of the legal reason, in particular claims for damages, that are not caused to the delivered item itself, except in the case of intent or gross negligence.
For new customers, export and after the 2nd reminder, carriage on delivery or payment in advance is obligatory. It is not allowed to the buyer, to retain payment because of his own disputed warranty claims, or set off against non-recognized or not legally established counterclaims.
If, after conclusion of the contract, we gain knowledge about circumstances, which are likely, to raise doubts about the solvency of the customer,
even payment too late, we will accelerate all outstanding depts at once.
Deductions from freight-costs, cartage, and other charges or increased cash discounts are not allowed, unless they have been accepted in writing by us in advance. For reminders, even in the event of the improper deductions, we charge fees and default interest. Checks shall only be accepted, Exchanges are not accepted. We are entitled at all times, even after conclusion of the contract, to secure our claim to make even those not yet due to demand sufficient security and other prepayments on our part dependent. This is especially true if there are doubts about the creditworthiness of the buyer, underfunding or liquidity gaps occur, etc. or increase the original loan volume. If default interest and late fees had shortened from the buyer in paying our bills, we can acknowledge the payment only as part payment. Already initiated court orders, processes, or collection orders can be withdrawn only after full payment, including the late fees and interest .
We see loads only after previous agreement. Cuts in our calculations without recognized debits or credits are not allowed.
All deliveries are subject of enhanced and extended retention of title. Until payment of all claims concerning business relationship - including the cashing of checks - the ownership of the delivered goods will remain at the seller. For current accounts, the concerning goods will be used as security for our balance claim. An ownership by the purchaser of the reserved goods acc. § 950 BGB is excluded in case of processing of the goods into a new object. Any processing by the buyer does not resolve our ownership. In case of processing our goods with other goods, not belonging to us, by the buyer, we retain ownership of the new product,in the ratio of the value of the reserved goods at the time of origin. The same is valid in case of selling the reserved goods together with other components, not belonging to us. It is allowed to the buyer, to resell the reserved goods according to proper business for cash under reservation of ownership. The buyer's claims from the resale of the goods are already assigned to us, regardless of whether the goods are sold without or after processing and whether they are sold to one or more purchasers. We accept the assignment. In case, the reserved goods are sold by the Buyer together with other items, not belonging to us, whether without or after processing, the assignment will pass over into this new contract in the ratio of the value of the reserved goods. It is allowed to the customer to collect his own claims, although the assignment.Our authorization to collect remains is unaffected by the collection authority of the customer. However, we will not collect the claims itself, as long as the buyer meets his payment obligations and is not threatened by insolvency. The customer have to forward the amounts, collected from his buyer, to us in time, immediately in case of insolvency ( § 246 StGB). At our request, the purchaser must notify to us the debtors of the assigned claims and notify our assignment to the debtors. The retention of title is conditioned in such a way, that upon full payment of all our claims of the business relationship, the ownership of the reserved goods pass to the buyer completely and the assigned claims belong to the buyer.
If the value of the securities, given to us, exceeds our claims more than 20 %, we are obliged to transfer back the overplus at the request of the purchaser. If the buyer is in default of payment, we are entitled to reclaim the reserved goods. This recovery does not constitute withdrawal of the contract. In case of delay, we are also entitled, to reclaim reserved goods from other contracts, if the reserved goods, for which the default in payment has occurred, are no longer in the ownership of the buyer. Also, this recovery take no effect on the expiration of the existing contract. The Buyer must not use the reserved goods as collateral and have to inform about the claim-character of the goods in case of seizure attempts by third parties. However, instead found garnishments must reported to us immediately. The cost for cooperate to to maintain one's rights concerning the retention of title and for proper storage of the goods have to be paid by the buyer.
Place of fulfilment and jurisdiction for both parties is Furth im Wald .
PART II: Terms of Service
2.1 Proof of guarantee:
In case of warranty, it is necessary to enclose a copy of invoice. If the invoice is missing, a repair or an exchange is subject to a charge. For devices with enclosed warranty card, this card must be completely filled out and enclosed also. Please make sure that the serial number on the card matches with the number on the unit. Returns to us must be sent free of charge.
STBs always have to be sent completely with remote control. If goods are sent back for changing into a credit-note, the goods must be sent completely with all accessories ( RC, manual, etc.) and returned in the original and undamaged giftbox. A credit-note only possible, if these conditions are complied with!
2.3 Problem description:
Problem-descriptions, such as "defective" , "no function " , etc. are not sufficient. Therefore, please include a detailed description of the problem. If this description is missing, the time, required for debugging, is calculated an will be charged. Furthermore, we assume no responsibility for such a devices. In case of returning multiple devices, it is necessary, to attach an error description to each device.
2.4 False claims:
If it is not possible, to recognize any malfunction of a device during longer time, we will imply a handling error by the user. In that case a processing fee of EUR 15,-- will be charged and the return takes place with cash on delivery.
For returning goods please use the original manufacturer's packaging. In addition, the products must be repacked again separately. Using no original or improper packaging increases the risk of a transport damage. If these reasons cause a transport damage you loose the warranty . Therefore, please pack the equipment proper for safe transport.
2.6 Chargeable Repairs:
Repairs outside of the warranty period are chargeable. For minor errors, the repair attempts without previous quotation. If the repair costs exceed 50 % of the original value, you will receive an offer with a request for decision before. If the repair gets rejected, you will receive an invoice for the estimate and the return costs of EUR 15,--. Foreign devices can not be repaired by us. However, we have an overview of different repair sites, where you can send your products. Addresses of the individual service points can be obtained from our technique department.
2.7 Transport costs:
Warranty claims have to be sent free. Unpaid returned goods will not be accepted. In case of exceptions, the incurred costs by the non-free return will be charged. We send warranty claims also "free" back to you .
2.8 Final provisions:
We reserve the right, to change or supplement the Terms of Service at any time .