BESUCHEN SIE UNS AUF DER VOM 13.09.2022 – 17.09.2022 HALLE 8 STAND C97

General Terms and Conditions



General Terms and Conditions of TachoControl Data GmbH

 

 

Validity of the General Terms and Conditions

1.1 The following terms and conditions form the contractual basis of our business relations with the customers of our products in our web shop on the website www.tachocontrol-data.de and become part of the contract at the time of acceptance of a contractual offer (an order) by us. These terms and conditions shall also apply to future business with the customer.1.2 We do not recognise the customer’s own terms and conditions unless we agree to their validity in writing. The customer’s own terms and conditions of business shall not apply even if we carry out the delivery without reservation in the knowledge of these without objecting to them again.

2 Conclusion of the contract, quality of the goods

2.1 In our online shop, we submit non-binding offers for the conclusion of a contract with us under the conditions stated in the item description. The customer makes a binding offer to conclude a contract by sending the order on our website.

2.2 Properties of the goods which the customer may expect according to our public statements, in particular, in advertising or in the labelling of the goods or on the basis of a trade custom, shall form part of the agreed quality only if they are expressly reproduced in the offer. Guarantees are binding on us only if they are designated as such in the offer and our obligations under the guarantee are also set out in detail there.

2.3 The contract is concluded via the online shopping basket system, which proceeds in four technical steps as described below:

First you select the desired goods and place them in the shopping cart. In the second step, you can register and enter your customer data including a billing address and, if applicable, a different delivery address. In the third step, you choose how you want to pay and which shipping method is to be used. Finally, you have the opportunity to check all details (e.g., name, address, payment method, ordered items) once again and correct them if necessary before you send your order to us by clicking on “order subject to payment”.

2.4 Partial deliveries and services are permissible insofar as this is reasonable for the customer.

2.5 The confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. The contract is concluded when an order confirmation is sent by email within 2 working days after ordering or the ordered goods are dispatched.

2.6 We do not store the complete text of the contract. Customers can save this electronically via the browser’s print function before submitting the order.

2.7. The contractual language is German.

 

 

Alternative Dispute Resolution:The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at https://ec.europa.eu/odr.

Our e-mail address is: info@tachocontrol-data.eu

 

 

3 Consumer’s right of cancellation:

 

You have the right to cancel the contract concluded in the web shop within fourteen days without giving reasons. The details of the right of cancellation can be viewed and found in the “Right of cancellation” section.

4 Terms of payment

4.1 Our prices are gross prices including the respective statutory value added tax applicable at the time of the conclusion of the contract ex works or ex warehouse. In addition, there are costs for packaging and, if applicable, assembly, which will be carried out at the prices valid at the time of the conclusion of the contract.

4.2 Our prices are due immediately in advance. Payments are to be made directly to us without deduction. Payments to third parties shall have a debt-discharging effect only if they have been authorised by us in writing to collect payment.4.3 The customer shall be in default of payment if he receives a reminder after the due date or fails to make payment at a time determined or determinable by the calendar. This shall not affect the statutory provision according to which the customer shall be in default at the latest 30 days after the due date and after receipt of the invoice or an equivalent request for payment.4.4 In the event of default in payment by the customer, we shall be entitled, without prejudice to our other or further rights, to charge interest at a rate of 5 percentage points above the base rate applicable from time to time if the customer is an end consumer. Otherwise, the interest rate of 9 percentage points above the base rate applicable from time to time shall apply.4.5 Insofar as payment by instalments has been approved in writing, the remaining claim shall become due for immediate repayment as soon as the customer is in default with an instalment in whole or in part for more than one month or is in default with an instalment in whole or in part for the third time.4.6 The offsetting or exercise of the right of retention on account of any counterclaims of the customer which are disputed by us and which have not been established as final and absolute is excluded. The exercise of a right of retention is also excluded insofar as the counterclaims of the customer are not based on the same contractual relationship.

5 Delivery and transfer of risk

5.1 The place of fulfilment of our performance obligations is our place of business or the delivery warehouse, which will be notified to the customer in the order confirmation. The costs of dispatching the goods shall be borne by the customer. These costs also include taxes and customs duties, etc., arising from the shipment.

5.2 In the case of a contract concluded with an entrepreneur, the risk shall pass to the customer, at the latest upon delivery to the carrier or other transport person. This also applies in the event that we assume the shipping costs as an exception in accordance with a separate agreement. In the absence of specific instructions from the customer, we shall be responsible for selecting a suitable carrier. In the case of contracts concluded with consumers, the risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to the customer until the goods are handed over.

5.3 Stated delivery periods shall be deemed to be only approximate agreed delivery periods, unless they are expressly designated as binding in our order confirmation. Any delivery periods shall be extended in the event of measures within the scope of industrial disputes in our company or at subcontractors, in particular, strike and lawful lockout, as well as in the event of the occurrence of unforeseen events for which we are not responsible, by the duration of the interruption of our business operations triggered by these obstacles. We shall not be responsible for the aforementioned circumstances because they may arise during an already existing delay. We will inform the customer as soon as possible of the beginning and end of any such hindrances.5.4 Unless delivery deadlines are expressly designated as binding, we shall be in default of delivery by a written request from the customer, which may not be made earlier than six weeks after the expiry of the delivery deadline. In the event of any delay in delivery caused by slight negligence, the claim for damages in accordance with § 280 para 1 and para 2, 286 of the German Civil Code (BGB) shall be limited to a maximum of 5 % of the total price of the products with the delivery of which we are in default.5.5 Partial deliveries are permissible insofar as they are economically reasonable for the customer.5.6 We reserve the right to change the appearance and the equipment or technical details of our devices, provided that this is reasonable for the customer or involves only insignificant deviations.5.7 If the scope of delivery and performance also includes the control system by means of associated software, the control system shall become the property of the customer together with the other system parts. We retain all rights to the software, in particular, the rights of use and exploitation under copyright law, unless they are expressly granted to the customer in these Terms and Conditions of Sale or by other agreement. The customer shall be granted only the limited right to use the software in accordance with the purpose and scope of the contract pursuant to the software licence agreement to be concluded separately.5.8 If the customer does not pick up the goods to be collected on a delivery date agreed as binding, he shall be in default of acceptance. In the event of an approximately agreed delivery time, we are entitled to give the customer two weeks’ notice of the possibility of collecting the goods. If the customer does not collect the goods by this time, he shall be in default of acceptance. The pick-up of goods to be collected is a primary performance obligation. Any claim for damages shall be limited to a lump sum of 15 % of the order value. We reserve the right to prove lower or higher damages.5.9 We reserve the right to charge a storage fee of 20% of the value of the goods for returns, if applicable

6 Claims in the event of defects

6.1 If the customer is an entrepreneur, he is obliged to give written notice of recognisable defects within one week of delivery of the goods at the latest, and of non-recognisable defects within one week of their discovery at the latest. These deadlines are preclusive deadlines. However, this does not apply if the supplier has fraudulently concealed the defect and/or has assumed a corresponding guarantee. Warranty claims shall become statute-barred – except in the case of claims for damages – within one year after delivery of the purchased item to the entrepreneur.

6.2 Insofar as there is a defect in the delivery, we are entitled, at our discretion, to rectify the defect or to make a replacement delivery (subsequent performance). In the case of end consumers, the customer has the choice, in the event of a defect, as to whether subsequent rectification is to be effected by remedying the defect or by replacement delivery. However, we are entitled to refuse the type of rectification chosen by the customer if it is possible only at disproportionate cost and the other type of rectification remains without significant disadvantages for the customer

6.3 If the rectification fails, the customer is entitled, at his discretion, to withdraw from the contract or to demand an appropriate reduction of the purchase price (reduction).6.4 The limitation period for claims for defects is 12 months, calculated from the transfer of risk if the customer is an entrepreneur. It shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims are made in tort or on the basis of fraudulent intent. In the case of end consumers, the limitation period is 24 months from delivery of the goods.6.5 Replaced parts shall become our property and shall be handed over to us.6.6 No liability shall be assumed for defects caused by unsuitable or improper use or faulty assembly or commissioning by the customer or third parties not commissioned or authorised by us (also with regard to interventions in the software), natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, defective construction work, chemical, electromechanical or electrical influences, insofar as they are not attributable to our fault. Also excluded are claims for defects which are due to modifications of the goods or improper repairs by the customer or third parties commissioned by him.6.7 Rectification shall be effected without recognition of a legal obligation and shall not trigger a new limitation period. This shall also apply if spare parts are installed as part of the rectification of defects.6.8 Any further claims for defects on the part of the customer are excluded, subject to any claims for damages limited in accordance with clause 7.6.9 If it turns out during the inspection of alleged defects that there is no claim for defects, the customer is obliged to bear the costs arising for the inspection.6.10 If used objects (incl. demonstration devices) are the subject matter of the contract, any liability for defects vis-à-vis entrepreneurs shall be excluded unless we can be held responsible for fraudulent conduct.

7 Limitations of liability (exclusion and limitation of liability)

7.1 Except in the case of a breach of an essential contractual obligation or cardinal obligation in a manner that endangers the purpose of the contract, or in the case of the assumption of a guarantee, we shall not be liable for damage caused by slight negligence.7.2 In the following cases, our liability is limited to the foreseeable damage typical for the contract:

  1. a) in the case of a slightly negligent breach of material contractual obligations or cardinal obligations in a manner that endangers the purpose of the contract,
  2. b) in the case of a grossly negligent breach by simple vicarious agents (i.e., non-executive employees or organs) or
  3. c) in the case of the assumption of a guarantee, insofar as we have not expressly assumed a guarantee for the quality of the goods as seller vis-à-vis the orderer as customer.7.3 In the cases of clause 6.2, our liability is limited to a maximum of three times the amount of the price of the goods concerned, up to a maximum of € 20,000.00, or, in the case of pure financial loss, to a maximum of twice the amount of the order value, up to a maximum of € 15,000.00, of this price.7.4 Claims for damages by the customer shall become time-barred in the cases of clause 7.2 at the latest after two years from the time the customer becomes aware of the damage or, irrespective of such knowledge, at the latest after three years from the time of the damaging event. For claims due to defects of the goods, the statute of limitations according to clause 6.4 shall apply.7.5 Clauses 7.1 to 7.4 shall also apply if a good is designated only by type.7.6 Except in cases of liability under the Product Liability Act, injury to life, body and health, the above limitations of liability shall apply to all claims for damages irrespective of their legal basis, including claims in tort, for the assumption of a guarantee for the quality of a product or in the case of fraudulently concealed defects.7.7 The above limitations of liability shall also apply in the event of any claims for damages by the customer against our employees or agents.

8 Retention of title

8.1 We retain title to the goods until full payment of the purchase price, as well as all other claims due at the time of conclusion of the contract arising from the ongoing business relationship with the customer (§ 449 of the German Civil Code (BGB)).8.2 We authorise the customer to dispose of the goods in the ordinary course of business. However, he already transfers to us all claims to the amount of the final invoice amount (including VAT) which accrue to him from the resale to his customers or third parties, irrespective of whether the delivery item has been resold without or after processing. The customer remains entitled to collect this receivable even after the transfer. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, the customer’s financial situation does not deteriorate significantly, the customer is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or insolvency exists. However, if this is the case or if there is another important reason, we can demand that the customer informs us of the transferred claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the transfer. This advance transfer includes the acquired claim, as well as any collateral provided and any surrogate claims. Other dispositions of the goods are not permitted and will represent an obligation to provide compensation.8.3 If the customer is in default of payment, we shall be entitled to take back the goods subject to retention of title after unsuccessfully setting a grace period of one week. Such a measure does not mean a withdrawal from the contract, so that our claims remain valid to the previous extent. Withdrawal from the contract remains unaffected and can be effected only by means of an express declaration.8.4 If the customer is in default of payment for the goods subject to retention of title, we may withdraw from the contract without having to set the customer another deadline for payment.8.5 The customer is obliged to refer to our rights in the event of possible seizure by third parties and to inform us immediately. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with § 771of the Code of Civil Procedure (ZPO), the customer shall be liable for the expenses incurred by us.8.6 The customer is obliged to treat the delivery item with care, in particular, to insure it adequately at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.

9 Assembly and repair conditions

9.1 Insofar as we are also required to carry out assembly or repair work in accordance with the order confirmation, the following provisions shall also apply:9.2 The commencement of our work presupposes that the customer has completely and properly performed all preliminary services as communicated in the order confirmation. This applies, in particular, to earthworks, foundation work, construction work and scaffolding, including the supply and drainage lines required to carry out the assembly or repair work, in accordance with the combination foundation plans provided by us with the order confirmation or within a reasonable period of time before the start of the work.9.3 The transport, as well as the unloading of assembly parts, is routinely not part of our scope of services and is therefore to be carried out by the customer at his own expense. This also applies to unpacking the objects intended for assembly.9.4 For the duration of the assembly, the customer shall provide us with dry, heated and lockable rooms and the power required for the assembly or repair.9.5 Replaced parts shall become our property. The residual value of the replaced part shall be credited only if this has been expressly agreed in writing.9.6 Unless otherwise agreed with the customer, invoicing shall be based on the cost of labour and materials. We may charge the daily rates for working, travelling and waiting time valid on the day the service is provided. In addition, the customer shall bear the ancillary costs specified in the order confirmation, such as travel expenses, overnight accommodation and travel costs.9.7 Insofar as assembly or repair work is to be carried out on a computer system, we shall be obliged to commence our service only after the customer has backed up all data that could be affected by this work on separate data carriers and has confirmed this backup in writing to our responsible employee. If we request the customer to make such a declaration, this must be made within one week. Otherwise, the backup shall be deemed to have been provided.9.8 The customer shall accept the assembly or repair work. Acceptance shall be deemed to have taken place if the customer does not accept assembly or repair work that is ready for acceptance within a period of two weeks after being requested to do so by us. If we do not set a deadline, assembly or repair work that is ready for acceptance shall be deemed to have been accepted on expiry of three weeks after completion of the respective work.9.9 The customer shall report obvious defects in the assembly or repair work within a preclusive period of two weeks. The customer shall notify us of non-obvious defects in the assembly or repair work within a period of two weeks after their discovery. This period is not a preclusive period and does not affect the statutory limitation period for claims for defects.9.10 Claims for defects are initially limited to supplementary performance (repair or replacement). As long as we provide supplementary performance, the customer shall not have the right to withdraw from the contract for the assembly or repair work or to demand a reasonable reduction of the remuneration (reduction), unless the rectification of defects has definitively failed.

10 Deterioration of the customer’s assets, termination of the contract

10.1 If the customer becomes insolvent after conclusion of the contract, if an application is made to open insolvency proceedings against his assets or if circumstances arise after conclusion of the contract which significantly impair the creditworthiness of the customer, we may refuse our delivery until the compensation has been effected or the customer has provided security for it. The same applies insofar as the facts supporting the significant deterioration in the customer’s assets become known to us only after conclusion of the contract through no fault of our own, even if they already existed before conclusion of the contract.10.2 If the customer fails to effect compensation within a reasonable period of time and also fails to provide security for his compensation within a reasonable period of time, we shall be entitled to withdraw from the contract or to claim damages. If we choose compensation for damages, we may charge flat-rate compensation for damages to the amount of 15% of the order value (including VAT). We reserve the right to prove a lower or higher damage.

11 Change of order or cancellation

If the customer cancels or changes an order accepted by us up to 4 weeks before the scheduled delivery date or requests a postponement of the confirmed delivery date, and if we comply with this cancellation or change request, we may demand a lump-sum compensation of 10% of the concerned order value. Cancellation or change of order less than 4 weeks before the scheduled delivery date is generally excluded.

12 Miscellaneous

12.1 German law shall apply to the exclusion of any further reference under German private international law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.12.2 The place of jurisdiction for disputes arising from our business relations with the customers is the registered office of our company if the customer is an entrepreneur. The parties may also take judicial and extrajudicial measures at the general place of jurisdiction of the contracting party.12.3 Insofar as individual provisions are invalid, the invalidity shall be limited to the corresponding clause. Insofar as the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB),

instead of the ineffective clause, the clause economically closest to the corresponding clause shall be deemed to have been agreed.

12.4 For deliveries of tachographs and accessories, we grant a material warranty

over a period of 6 months or a maximum of 100 000 km mileage. In the event of a warranty claim, the installation must be proven by means of the calibration protocol.

12.5 Should a warranty claim arise, we will pay only the direct costs or replace the defective part. There is no entitlement to other costs, such as shipping, calibrations, further services and downtime, etc.

12.6 Defective or incorrectly delivered tachographs and parts will be taken back only if they are returned within the specified time and are received with our return request.