Terms & Conditions of BDT
Validity of Conditions
Our deliveries, services and offers are subject to these terms and conditions. They also apply for all future business relations even if they are not expressly agreed. At the latest upon receipt of the goods or services subject to these conditions have been adopted. Confirmations of the buyer with regard to his business or purchase conditions are hereby expressly excluded.
Deviations from these terms and conditions shall be effective only if confirmed by us in writing.
Our offers are without engagement, unless we specifically confirm the binding nature of an offer (eg offer of the week). A contract is only concluded with us when we confirm a customer accepting appointment in writing or deliver the ordered goods or deliver.
Orders are placed through our website, by phone or email is a written order the same. The firm, please-Data Technology reserves the right to check in online orders, customers may obtain information and a written order by the customer. Delivery and invoicing get an order confirmation immediately.
Delivery and performance time, delivery delay
Mentioned by us for delivery or performance dates are only an indication represents the expected earliest delivery or performance may, but not by the calendar in determining the supply or power point, mentioned by our terms and deadlines are not binding, except that it explicitly been writing a deal with the customer.
Delivery dates, we specify after receiving a complete order are always subject to change, that we regard the ordered item itself supplied on time and complete.
We have to make partial deliveries at any time.
In the case of our late delivery, the customer is entitled to withdraw after the writing of it to be set deadline, the contract.
Prices are for distribution to the consumer end prices include VAT at the statutory rate, for distribution to industrial customers and public institutions, our prices always include VAT at the statutory rate.
The information contained in the offers are not binding if it is indicated otherwise in our offer. Additional services that are not included in the offer will be charged separately. Unpredictable changes in customs duties, foreign exchange arrangements, etc., entitles us to a price adjustment.
Shipping and transfer of risk, insurance
We ship goods ordered from us in principle, for cash on delivery, whereby we reserve the type of shipment.
Shipping is at customer's risk. The risk of accidental loss or damage to or deterioration / ordered item is the time to the customer, to which we have handed over the consignment to the transport companies.
An insurance policy in case that ordered items go astray in the ways of delivery or damaged, we purchase only at the express request of the customer's expense.
Retention of title
Until full payment of all deliveries of goods, and future, to the customer any monies owed, we reserve the ownership of all of us in front of the customer supplied goods. (Conditional goods)
As long as the customer is not in default, he is entitled to process the goods in ordinary course of business and resell / or. Him from the resale or for any other reason with respect of the goods is entitled claims against third parties assigned by the customer hereby assigns in advance by way of security to us, we take this assignment. At the same time, we authorize the customer irrevocably to include the assigned claims were still in the name and on its own account. In case of withdrawal and at our request, the customer must lay of the assignment to his debtors, and provide us the necessary information to debt collection (delivery notes, invoices, etc.) present.
If our retention of title from the processing of our supplied products (eg in connection with other matters), so the customer hereby assigns to us ownership of the content created by matter. The transfer will be replaced by the customer by combining the resulting new thing for us free of charge with custody.
If third parties rights in respect of goods subject to reservation, eg in the case of a seizure, the customer has to point to our ownership and inform us immediately. Costs of intervention are necessary by us to reimburse the customer.
Basically: immediately after delivery or service in cash or by check € a valid credit card, or if previously agreed upon receipt of the invoice without deduction.
We are entitled, despite any provisions of the buyer, to set off first against the oldest debt. Already incurred costs, we are entitled to make payments on the costs first, then the interest and finally against the principal.
If the buyer is in default, we are entitled, by that time interest in the usual bank rate of 5% above the discount rate to calculate.
If the buyer's payment by a contract, or if he stops payment or other circumstances become known to the creditworthiness of the buyer, we are entitled to the remaining debt due to demand advance payments or securities.
The buyer is to set off, retention or reduction, even if complaints or counterclaims are submitted, only if we expressly agree, or if the claims have been legally established.
Warranty, liability, defect
We want to ensure that we deliver free of products by manufacturing and are / or material defects.
The customer has to it inspected immediately upon receipt of goods we deliver on contractual composition and function properly and inform us immediately, in writing no later than one week after receipt of the goods, any defect, error or damage reported. For later indicated faults, failure or damage, we make no warranty, unless this can not be determined with proper verification by the customer. The burden of proof to the customer.
Our warranty period for hardware is generally 24 months from the transfer of risk. For batteries, rechargeable batteries, semiconductors and other electronic components, the warranty is excluded.
It is after the current state of technology does not ensure that components work together in any form. For these incompatibilities, we only take on liability if the mutually incompatible components were obtained from all of us. Join incompatibilities between us and foreign-related modules on is to exempt the customer from any guarantee or proof obligations.
In the case of notification by the Buyer that the products do not meet the guarantee, we can require that the buyer holds the defective part or product from us and a technician is sent to the buyer to make the repair. If the buyer insists that warranty work be done on a given by him, we can accommodate this request are not being charged under the warranty parts falling while working and traveling expenses in accordance with our standard rates are paid.
About the improvement further claims of the buyer, for whatever reason, in particular conversion, reduction, termination and claims of customers arising from negligence of contract, breach of contractual obligations, breach of contract, in particular for consequential damage, tort and other legal reasons, be it because they are based on intent or gross negligence on our part or our help. The compensation shall not exceed the loss incurred for loss of profit, we at the conclusion given the circumstances, we have known or should have known, or as a possible consequence of failure could have foreseen.
We are a repair or replacement only required if the buyer does his part to fulfill its contractual obligations.
Warranty claims against us are only the indirect purchaser and are not transferable.
For services, the company is liable Bitter-data technology for damage only if they have been caused by an employee or agent of the firm, please-Datentechnik intentionally or through gross negligence. Further claims, in particular from consequential damages, loss of data, costs or profits are excluded.
Insignificant, the customer reasonable deviations from the agreed delivery object require data technology firm, please do not warranty information. The firm, please-Data Technology has the right to charge processing costs when the complaint as unfounded found or is based on a handling error.
Special provisions for the delivery of software
In the case of the delivery of software (standard software), third companies (software vendors) are subject to our terms and conditions for warranty and liability is only secondary to the customer upon delivery of the software manufacturer handed conditions.
For those of us self-produced and distributed software, the provisions of these terms and conditions unless has not been agreed our special conditions for the supply of software.
Performance, jurisdiction / applicable law
The place of jurisdiction is Hannover agreed if the customer is a merchant, legal entity under public law or public law special fund.
It is only the German law applicable
If any of the above conditions be or become invalid, the validity of the remaining provisions. The parties in this case required to cooperate with the agreement of a legally effective provision which comes as close as possible to the invalid provision.