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General Terms and Conditions |
Conditions of sale, delivery and payment
of the JENDATA Computersysteme GmbH
0. General
The present terms of business apply for all orders at the JENDATA, independent of whether it was pointed out in individual cases or not. With the placing of orders, but at the latest with the acceptance of goods or services, these terms, even after preceding objections, count as implicitly acknowledged by the customer. Variations of the terms need our explicit confirmation, particularly oral covenants.
1. Offers
Our offers and price lists are without engagement and not-binding until the contract is concluded. With the appearance of new offers preceding offers become invalid also without explicit note.
2. Deliveries, Times for Delivery
The time for delivery is kept if until its end the goods have left the stock or respectively if at the possibility of dispatch the readiness for dispatch is announced. We are endeavoured to keep agreed upon terms of delivery as far as possible and are entitled to advance delivery or service. Unforeseen events, like sudden supplier problems, nevertheless may lengthen the delivery time independent of negligence of the JENDATA. In this case such an exceeding of the time for delivery does not entitle to resign from the order or from the contract, as long as the time of exceeding seems to be reasonable for the customer. If terms of delivery are not kept the customer i s entitled set out an adequate respite in writing, which should at least amount 15 working days and if this period has expired withdraw from the contract or order concerning the goods or services in delay. Exceeding of times for delivery do not constitute claims for damages. We are allowed to provide partial deliveries or services, whereat for each partial delivery or service the present terms apply. The exceeding of terms for a partial delivery or service does not constitute a right to withdraw from the remaining object of agreement.
3. Return Guarantee
We offer a return quarantee of 14 days after accounting for sample orders. Redeliveries have to be in the original packing, sufficiently insured and franked. Unannounced return shipments of sample orders will not be accepted. Electronic devices and consumables are excluded from return guarantee.
4. Transport, Dispatch
The dispatch, including possible returns, are at the purchasers risk and account, provided that no other written agreements were made. If goods are transported by the JENDATA the costs for transport as well as for transportation insurance are included in the delivery price agreed upon. Transportation costs apportionable to customers have to be stipulated separately. The risk of transport in at the account of the JENDATA if no other contractual regulations apply.
5. Prices
The dispatch, including possible returns, are at the purchasers risk and account, provided that no other written agreements were made. If goods are transported by the JENDATA the costs for transport as well as for transportation insurance are included in the delivery price agreed upon. Transportation costs apportionable to customers have to be stipulated separately. The risk of transport in at the account of the JENDATA if no other contractual regulations apply.
6. Payments, Terms of Payment
Prices apply if not especially agreed upon ex store JENDATA, excluding packing and plus the legal value added tax raised at the time of accounting. The prices valid at order and contract concllusion respectively apply. Changes is price remain reserved.If from contract conclusion till delivery changes in price caused by the market are necessary and if the contractual partner does not or not completely accept them the JENDATA has the right to withdraw from the conract or from parts of it.
7. Retention of Title
The goods remain property of the JENDATA until fully paid and until all our contractual claims towards the customer are fulfilled. The contractual partner has to keep the said goods in the condition in which they were delivered. In cases of changes, damages and loss the contractual partner is liable. For the duration of ownership under reserve the JENDATA must be granted free access to this goods to convince herself of their duly state. On demand the contractual partner has to insure the goods against damage and loss during retention of title. Accesses and claims of third parties to these goods have to be reported to us immediately.
8. Warranty, Liability
Concerning warranty and liability the valid legal regulations are applied. We guarantee towards fully-qualified traders for 12 month and towards all other customers for 24 month that all delivery items are for its for its designated use and for adequate normal handling free of faults in material and processing. Warranty starts with the day of delivery to the customer. A guarantee beyond the above stated periods needs to be separately agreed upon in writing in each case. For goods, which are not new, we do not take over any guarantee and liability. The customer undertakes to immediately inform us about given objections. For the handling of reclamations the criticised goods have to be transferred to us including a copy of invoice and a description of error if not contrarily agreed upon in writing. In the case of a justified reclamation the customer is entitled to amendment and replacement respectively according to our decision. The JENDATA is not liable for not backing up the data and losses of data, which arise in succession of corrective maintenance. Further entitlements to warranty and liability, particularly with regard to consequential damages and indemnifications are excluded in principal. Claims because of the absence of separately promised characteristics of a delivery item can only be accepted, if in individual cases the feature in question was explicitly and contractually guaranteed in written form. We are anxious to remedy deficiencies objected to in cooperation with our suppliers within reasonable time. In the case of an unjustified reclamation we reserve us the right to charge the customer a processing fee of at least 30€ for the verification of this claims.
9. Contract Type
Deliveries of goods are concluded as sales or work and labour contracts according to German Civil Code and are subject to the principles of guarantee stated under point 8. All other services (like i.e. software development, - adaptation, - repairing and the like) are concluded as service contracts according to German Civil Code.
10. Breach of Contract, Customer's Inability to Pay
In the case of a delay in payment we may cancel further deliveries and services agreed upon with the customer until the completion of the outstanding payment obligations. The JENDATA has the right to cancel an established contractual relationship without notice if the contractual partner does not fulfil his payment obligation within the time limit in spite of demand or if he violates essential contractual obligations. Further reasons for termination without notice on the part of the JENDATA are any openings of insolvency - or settlement proceedings concerning the contractual partner or a termination of his business relations.
11. Acts of God
The JENDATA may not be hold responsible for not fulfilling contractual obligations, if the failure is the direct or indirect consequence of an event outside its range of action. These include amongst others any acts of God, fire -, water -, storm -, and explosion damages, shortages of energy, material and possibilities of transport, transportation accidents, unpredictable incapacity of suppliers, failure of devices and machines, remittal and revoking of decisions of authorities, lockouts, other labour debates, war and uprising.
12. Law, Venue
The service and delivery contracts of the JENDATA are subject to German law. The venue is Jena, as far as no other venue is compellingly preset by law.
13. Contracts, Final Provisions
Rights and duties from contracts are non-transferable by the customer to third parties without prior written approval from the JENDATA. Changes and additions of existing contracts require an accessory contract signed by both parties. The ineffectualness of one or more clauses of a contract does not in principle affect the efficiency of the contract as such.
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Terms and Conditions
