KOCI Elektromaschinen GbR
Zittauer Strasse 12D-02796 Jonsdorf
Ust-Id. DE 813273559
MUELLERS GRAFIK | STUDIO
Terms and conditions
I. Service and repair conditions
1.1 Documents such as illustrations, drawings etc included in the contractor’s offer should only be seen as approximate with regard to weights and dimensions unless the accuracy of the weights and dimensions are confirmed explicitly. The contractor reserves all copyrights and rights of ownership for these documents. They may not be made available to third parties without permission of the contracting company nor may they be misused in any other way. If an order is not placed, any documentation created specifically for the customer in question is to be returned without delay and without being requested. In all other cases documentation id to be returned immediately on demand.
1.2 The agreed delivery or completion date is only binding where adherence is not made impossible due to circumstances beyond the control of the contracting company.
2. Order interpretation and statement of faults
2.1 In the event of an order being placed the contractor will question the customer about faults and their effects, and will provide the appropriate information. As far as is technically possible the customer will be quoted a probable repair price when an order is placed, or the customer may set a price limit. If the repair cannot be made for this price, the customer’s permission will be obtained before further repairs are carried out.
3. Costs for orders not carried out
3.1 The customer will be billed for documented work involved (troubleshooting = working time) if an order cannot be carried out because either the fault reported did not occur when the material was tested, a necessary replacement part is no longer available, the customer has culpably missed the agreed appointment, or the order was withdrawn during execution.
3.2 If a quotation is desired before an order is carried out, the customer must state this expressly. If an article has to be taken apart in order to be able to give a quotation and is then not to be repaired, the article must only be put back into its original condition if the customer so requests and at his cost. This rule does not apply if the customer has denied permission to disassemble the article or it was not necessary to take it apart.
4. Guarantee and liability
4.1 The period of warranty for all work carried out and material installed is one year.
4.2 The customer allows the contractor the necessary reasonable time and opportunity to repair the fault. The customer shall especially ensure that the faulted article is made available to contractor or his representatives for the purpose of examination and repair. The ownership of replaced parts is transferred to the contractor.
4.3 If the contractor is obliged to undertake subsequent repair, he can do this by remedying the fault or replacing the article as he so chooses.
4.4 Should it be revealed within the scope of a guarantee claim by the customer that the fault complained of has a different technical cause as in the original repair it is not covered by the guarantee. The customer will be billed for the documented work involved.
4.5 The following are excluded from any kind of guarantee: faults caused as a result of damage, incorrect connection or improper operation; damage caused by acts of God, e.g. lightning; faults resulting from wear and tear caused by overtaxing mechanical or electromechanical parts through improper use or faults resulting from dirt. damage caused by extraordinary mechanical, chemical or atmospheric influences.
4.6 The guarantee does not cover any claims where changes or adaptations have been made to the articles without the contractors approval.
4.7 The contractor is liable for damage and loss with regard to the object in so far as he or his accomplices are to blame for the same. In the case of damage he is obliged to repair free of charge. If this is not possible, or if it involves improportionately high costs, the replacement cost on the day the damage occurred is to be paid.
5. Contractor’s extended right of distraint with regard to moveable property
5.1 Because of his claim resulting from the order, the contractor has the right of distraint to the customer’s object that came into his possession as a result of the order. The right of distraint can also be claimed on account of prior demands resulting from work done, supply of replacement parts and other services in so far as these are connected with the article in question. The right of distraint only applies to other claims resulting from the contractual relationship where these are undisputed or having the force of law.
5.2 If the article is not collected within four weeks of instruction to collect, the contractor may charge an appropriate storage fee after this time. If collection has not been made by three months after instruction to collect, the contractor is no longer bound to keep the article, nor is he liable for lightly negligible damage or destruction. The customer is to be sent notification of the intention to sell one month before this deadline has expired. To cover his claims, the contractor is authorised to sell the subject of the order at market value after the deadline has expired. In the even that a higher price is achieved, the difference is to be repaid to the customer.
6. Reservation of proprietary rights
6.1 In so far as the replacement parts and the like installed in the course of repairs do not become essential components, the contractor reserves the proprietary rights on these until all the contractor’s claims resulting from this contract have been settled.
6.2 If the customer is in payment arrears or does not fulfil his obligations resulting from the reservation of proprietary rights and the contractor has declared his withdrawal from the contract because of this, the contractor can demand surrender of the article for the purpose of removing the installed parts. The customer will bear all the costs for reclaiming and dismantling.
6.3 If the repairs are carried out on the customer’s premises, the customer shall give the contractor the opportunity to remove the parts on the customer’s premises. Work and travel costs are to be borne by the customer.
II. Conditions of sale
1. Reservation of proprietary rights
The articles and systems sold remain the property of the seller until all his claims against the customer resulting from this contract have been settled. The reservation of proprietary rights remains in force for all claims the seller has against the customer involving the article, e.g. resulting from repairs or supply of replacement parts or if the customer purchases further performances. Until such fulfilment the articles may not be resold, rented out, lent or given away; nor may they be given for repair by an unqualified third party. Transfer of ownership as security and mortgaging are also forbidden. If the customer is a trader (reseller), he is allowed to sell on in normal business practice with the prerequisite that the claims resulting from the resale, including all subsidiary rights, to the sum of the invoice have now already been ceded to the same. During the duration of the reservation of proprietary rights the customer is authorised to possess and use the article as long as he honours his obligations resulting from the reservation of proprietary rights and is not in arrears of payment. If the customer is in arrears with payment, or does not honour his obligations resulting from the reservation of proprietary rights, the seller can demand that the customer return the article, and the seller can notify the client that the article will be offered for sale on the free market for the best possible price. The price attained will then be balanced off against the purchase price. All costs for the return and sales of the article will be borne by the customer. In the event of seizure by third parties, particularly in the event of seizure of the article or the application of trader’s right of distraint by a workshop, the customer must immediately notify the seller in writing and must inform the third party of the reservation of proprietary rights of the seller. The customer bears all costs incurred in releasing of the seizure and replacement of the article in so far as these cannot be obtained from a third party. The customer is obliged to keep the article in proper condition for the duration of the period of reservation of proprietary rights and to ensure that all scheduled maintenance work is done by the seller without delay. The seller undertakes to release the securities due to him, if their value for as security against claims, where these have not already been settled, exceeds more than 10%.
2. Acceptance and delay of acceptance
If the customer does not accept the article on time, the seller is authorised to set him a new deadline after the expiry of which the seller can deal with the article as he sees fit, and supply the customer with another article with suitably adjusted extended timeframe. The seller’s right to withdraw from the contract or to claim damages remains unaffected. Within the scope of a claim for damages the seller may demand 20% of the agreed price (without value added tax) as damages without having to submit any proof inn the event that it can be proven that little or no damage has occurred. The right to claim for actual higher damages is reserved. The customer can receive part deliveries (advanced deliveries) as far as this is reasonable.
3. Guarantee and liability
3.1 Claims for faulty material with regard to new articles are only valid for a period of two years after delivery, for used articles one year after delivery. The customer must notify the seller of any obvious faults within two weeks of delivery – the date of the postmark of the notification is decisive – otherwise the seller is not liable for the fault. If claims are made under guarantee, these must be made believable by immediate submission of the bill or other proof of purchase. Transport and delivery costs will not be accepted for portable articles within normal business catchment area if they would exceed the value of the article.
3.2 If the article delivered is faulty, the purchaser has the following rights: The seller is obliged to make this good, either by repairing the fault or providing a perfect article as he so chooses. If the repair is unsuccessful the purchaser has the right to withdraw from the contract or reduce the purchase price. Withdrawal is not possible if the violation of duty by the seller is only negligible. The article delivered is not faulty if faults are caused as a result of damage, incorrect connection or improper operation; damage is caused by acts of God, e.g. lightning; faults resulting from wear and tear caused by overtaxing mechanical or electromechanical parts through improper use or faults resulting from dirt; damage caused by extraordinary mechanical, chemical or atmospheric influences.
3.3 The guarantee expires if the article is tampered with by the customer or a third party.
4. Liability regarding damages
4.1 In the event of injury to life, limb or health due to negligence on the part of the seller or due to negligent violation of duty by the seller or deliberate or negligent violation of duty by his legal representative or accomplices, he is liable within the scope of the law.
4.2 The same applies for any other damage due to grossly negligent violation of obligations by the seller or grossly negligent violation of obligations by his legal representatives or his accomplices.
4.3 For any other damage resulting from the violation of important duties as a result of minor negligence on the part of the seller, his legal representatives or his accomplices, the sellers liability for foreseeable contract-typical damage is limited to a maximum of double the value of the delivered article.
4.4 Claims for other damages resulting from the violation of peripheral obligations in the event of slight negligence are excluded.
4.5 The seller is not liable for any other damages resulting from delay resulting from simple negligence; the purchaser’s legal rights after the expiry of a reasonable deadline remain unaffected.
4.6 The above exemptions or limitations from liability do not apply if the seller has maliciously not declared any faults or has given a guarantee for the condition of the article.
4.7 The purchaser’s right to recompense for unsuccessful work instead of claims for damages instead of the service remains unaffected.
In the event of withdrawal from the contract both seller and customer are obliged to return the articles/services received from one another. If use is transferred the value is to be paid, whereby any reduction in value of the object of sale that may have occurred in the meantime shall be taken into consideration.
5.1 The seller can withdraw from the contract if he cannot deliver the article due to an act of God, strike, lock-out or any other circumstances beyond his control and which is important with regard to completion of the manufacture of the article;
5.2 If delivery cannot be made because the customer has exceeded a payment date agreed in writing by more than 14 days and has not reacted to a 14-day payment extension;
5.3 If the customer makes false declarations concerning his person, his earnings or his obligations that could endanger his obligation to make payment.
5.4 The customer can withdraw from the contract if the seller culpably does not adhere to a delivery date set by the customer that the customer has reasonably extended but with the threat of rejection. There is no culpability in delays in delivery resulting from acts of God, strikes or lockouts. In such cases the delivery time will be extended appropriately. If it is ascertained that delivery cannot be made for such reasons the customer may withdraw from the contract. Delivery time is judged to have been kept to if the articles are ready for shipping on time.
5.5 In the event of withdrawal from the contract, both seller and customer are obliged to return goods or services received from one another. In the event that the customer withdraws from the contract, he must reimburse the seller for any expenses incurred as a result of the contract and in the event that delivery has been made, for any damage to the article for which the customer is responsible or due to circumstances for which the customer is responsible. If use is transferred the value is to be paid, whereby any reduction in value of the object of sale that may have occurred in the meantime shall be taken into consideration.
III. Joint conditions for services, repairs and sales
1. Prices and conditions of payment
1.1 The end prices are set from the plant of the contractor/manufacturer or seller incl. value added tax. Costs for freight, postage, insurance or customs can be billed separately.
1.2 All invoice sums are to be made as one payment immediately on presentation of the invoice. Payment instalments are only possible for sales if they have been agreed in writing beforehand. In such cases the complete rest sum owed is due for payment immediately if the customer gets into arrears completely or partially to the extent of at least 2 successive instalments.
1.3 If the customer gets into arrears of payment he must recompense the contractor or seller for the damages resulting from the delay, this being at least the statutory interest rate.
1.4 For performances/services not included in the order or which deviate from the specification, the customer can demand a supplementary offer or the contractor may submit the same. If this does not occur such performances/services will be invoiced as per extent and time.
2. Legal venue
The legal venue for all current and future claims resulting from the business relationship with merchants, including claims resulting from bills of exchange and cheques, are exclusively the courts at the seat of the contractor/seller.