T&C

General Terms and Conditions

§1 Scope
1. Our T&C apply to all services to be provided by us in accordance with the contract concluded between us and the customer.
2. Our T&C apply exclusively; we do not recognise any conditions of the customer that conflict with or deviate from our T&C unless we have expressly agreed to their validity in writing.
3. Our T&C apply both to consumers and to businesses, unless a specific clause makes a distinction.
4. Every order placed with us (by email, fax, phone, post or verbally) whose acceptance we have confirmed to the customer constitutes a concluded contract.

§2 Payment terms
VAT is not included in our prices. The VAT rates applicable at the time of service delivery or delivery shall apply.
1. Unless otherwise agreed, payments are made on invoice. The invoice amount is due 14 days after invoicing. These conditions may be adjusted by agreement with the customer — direct debit, invoice due date. We reserve the right to invoice partial amounts prior to the delivery of services, and to make delivery of services contingent on receipt of payment.
Payment of the purchase price must be made exclusively to the account we have specified. Deduction of a cash discount is only permitted if specifically agreed in writing.
Any reminders (€5 first level, €10 second level) do not include VAT. Default interest is charged at 5% per annum above the applicable base interest rate.
2. The customer only has a right of set-off if their counterclaims have been established by final judgment, are undisputed, or have been acknowledged by us. If the customer is a business, they are only entitled to exercise a right of retention if their counterclaim arises from the same contractual relationship.

§3 Delivery and performance
1. If delivery deadlines have been specified by us and made the basis for the order, such deadlines shall be extended in the event of strikes and cases of force majeure by the duration of the delay. The same applies if the customer fails to fulfil any co-operation obligations.
2. We are entitled to make partial deliveries insofar as this is reasonable for the customer.
3. If goods are dispatched to the customer at their request, the risk of accidental loss or deterioration of the goods passes to the customer upon dispatch. This applies regardless of whether dispatch takes place from the place of performance or who bears the freight costs.

§4 Retention of title
1. In contracts with consumers, we retain ownership of the purchased item until the purchase price has been paid in full.
2. If the customer is a business, we retain ownership of the goods until all claims against the customer have been fulfilled, even if the specific goods or service have already been paid for.
3. The customer must notify us without delay of any third-party enforcement measures against the reserved goods, providing all documents necessary for an intervention; this also applies to impairments of any other kind. Independently of this, the customer must already inform third parties in advance of the rights existing in the goods. If the customer is a business, they shall bear our costs of intervention insofar as the third party is unable to reimburse them.
4. If the customer is a business, they hereby assign to us, as security, all claims arising from the resale/rental of the reserved goods against their customers until all our claims have been fulfilled. In the event of processing, transformation or combination of the reserved goods with another item, we immediately acquire ownership of the item produced. This item shall be deemed to be reserved goods.
5. If the value of the security exceeds our claims against the customer by more than 20%, we are obliged, at the customer's request and at our discretion, to release security to a corresponding extent.

§5 Warranty
1. If the customer is a consumer, we are liable in the event of a defect in accordance with statutory provisions, unless the following restrictions apply. The consumer must notify us of obvious defects in writing within two weeks of the defect becoming apparent. If notification is not given within the aforementioned period, warranty rights shall lapse. This does not apply if we have fraudulently concealed the defect or have given a guarantee for the condition of the item.
2. If the customer is a business, we reserve the right to choose the type of subsequent performance in the event of a defect.
3. If the customer is a consumer, the limitation period for defect claims is two years for delivery of new goods, and one year for delivery of used goods. The period begins upon transfer of risk. This does not apply to claims for damages due to defects; for those, §8 applies.
4. If the customer is a business, the warranty period is always one year. The limitation period in the case of a right of recourse under §§478, 479 BGB remains unaffected. This does not apply to claims for damages due to defects; for those, §8 applies.

§6 Customer obligations
The customer is responsible for securing their own data. This does not apply if there are separate contractual arrangements with us.

§7 Termination of contract
1. We are entitled to withdraw from the contract if we have not received the delivery item despite having previously concluded a purchase contract on our part. If the customer is a consumer, we will notify them promptly of the failure to receive delivery and, in the event of withdrawal, promptly refund any consideration already received.
2. We are entitled to withdraw from the contract if the customer has filed for insolvency, has made a statutory declaration in lieu of oath under §807 ZPO, insolvency proceedings have been opened against their assets, or the opening has been rejected due to insufficient assets.

§8 Liability for damages
1. Our liability for breach of contractual obligations and for tort is limited to intent and gross negligence. This restriction does not apply to injury to life, body or health of the customer, claims for breach of cardinal obligations (i.e. obligations that are essential to the nature of the contract and whose breach jeopardises the achievement of the contractual purpose), or compensation for delay damages (§286 BGB). In these cases we are liable for every degree of fault. Liability for breach of material contractual obligations is limited to the typically foreseeable damage.
2. The above exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
3. Liability for data loss is limited to the costs that would arise for the restoration of data from suitable, regular backups with reasonable effort.
4. Insofar as liability for damage not resulting from injury to life, body or health is not excluded for slight negligence, such claims become time-barred within one year from the time the claim arises, or in the case of claims for damages due to a defect, from the time of handover.

§9 Limitation of our own claims
Our claims for payment are time-barred after five years, deviating from §195 BGB. §199 BGB applies with regard to the commencement of the limitation period.

§10 Form of declarations
Legally relevant declarations and notices that the customer must make to us or to a third party require written form.

§11 Place of performance, choice of law, jurisdiction
1. Unless the contract provides otherwise, our registered office is the place of performance and payment.
2. The law of the Federal Republic of Germany governs this contract.
3. The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court having jurisdiction for our registered office.

§12 Consumer dispute resolution, mediation
The company does not undertake to participate in dispute resolution proceedings before a consumer arbitration board.

01.01.2020 Heiko Schlittermann, Dresden (Revision 3.11.2020)