Terms of delivery and payment
§1. When signing a contract or placing an order, the purchaser agrees to the terms and conditions as outlined in the following paragraphs. Possible contrary business conditions of the purchaser are expressly excluded. By accepting the goods from Janich&Klass Computertechnik GmbH, the purchaser waives all contrary business conditions and agrees to accept the following conditions.
§2. If delivery of our goods cannot be executed as agreed upon due to internal difficulties in receiving materials from our suppliers, production difficulties beyond our control, and it is proven that there is no gross negligence on our part, we have the right to terminate the contract. If for any other reasons we are unable to meet our delivery obligations, the purchaser has the right to apply for a four-week extension period and may then terminate the contract. All other claims by the purchaser in case of non-delivery or untimely delivery are excluded. Delivery commences at the mailing date of the order confirmation and is deemed valid if the goods are shipped within the delivery time or when the possibility of shipment has been reported to the purchaser. The mutually agreed upon delivery date is extended in such time as the purchaser is negligent in meeting his obligations to this or any other contract time table. We reserve all rights in view of other defaults by the purchaser.
§3. The purchaser assumes all responsibilities once the goods
have left our premises.
§4. Payment of invoices is by our choice and may be either by COD, or a discount of 2% applicable if payments are made within ten days of date of invoice, or net 30 days after date of invoice. Partial shipments and partial invoices are permitted. For shipments to foreign countries, the valid currency is EUR. In case of non-payment we charge the purchaser 1% default interest for each commenced month. Bills of exchange, credit cards or checks are acceptable as payment. Payments received are credited first to outstanding accounts from previous shipments, even though the payment was intended for a specific shipment. Should the purchaser be in arrears with payment due to adverse circumstances or it is known that his credit rating is low; we have the right, according to the contract, to ship the goods only by means of COD or advance-payment by the purchaser.
§5. Any shipment of goods remains our property until such time as the purchaser has met all present and future obligations arising out of the business relation with Janich & Klass Computertechnik GmbH, particularly any current account balances. The re-sale of our goods by the purchaser is only permitted under normal business conditions. The purchaser may not in any form, e.g. pawn the goods or transfer the title of the goods for the purpose of securing his depts. The purchaser must meet all obligations towards us from any amounts received from the re-sale including all other secondary costs, which may arise out of such business transactions. If our goods are used or combined with other goods and equipment, the purchaser must transfer such property rights to us and must maintain accurate business records of such activities for us.
In case of non-payment, the purchaser is obligated to make available to us the name and address of the third party acquiring the goods and he must also inform the third party of such ownership rights. If non-payment occurs, we have the right to demand the return of the goods, whereby the purchaser is held responsible for all costs incurred pertaining to the transport of the goods to our premises. The purchase is under obligation to inform us immediately of any demand by creditors who may have a lien on the goods and other infringements which pertain to the property of the purchaser.
§6. Immediately upon receipt, the goods must be inspected by the purchaser. The shipment is considered as accepted if the purchaser does not inform us in writing within 14 days after the goods have reached the purchaser of any defects. If there are substantiated defects, we will exchange the defective parts with new parts, or we may, at our expense, re-work these defective parts. If the re-work or the exchange is deemed not satisfactory to the purchaser, he has the right to chase the corrective action to be taken. The purchaser may hold back payments to the amount as deemed reasonable to correct the deficiencies. All warranty claims expire 6 months after the delivery date. Our warranty obligations also expire if the purchaser does not inform us immediately of any defects or faults, or if the purchaser should tamper with the equipment. Our liabilities are always limited to the monetary value of the individual parts. Additional liabilities, especially for consequential damages, are expressly excluded. We are not to be held responsible for the utilization of our equipment for specific purposes.
This applies also even if we have given the purchaser any advice on the application of the equipment.
§7. Judicial district and court of law is Wuppertal. German law also applies for shipments into foreign countries. The currently valid price list always considered as basis for any claims.
§8. We retain the right for technical changes and improvements to our equipment, accessories, materials and software and may thereby deviate from our offers and brochures
§9. The purchase of our software gives the purchaser the right to solely use it, and it may be incorporated into only one computer system. Third parties may not have access to this software. Changes made to our software by the purchaser are only allowed with the expressed permission of Janich & Klass Computertechnik GmbH. We are not held responsible for error-free performance of the software or for the accuracy of the data contained therein. We are also not to be held responsible if the program does not meet the express requirements of the purchaser.
§10. The invalidity of certain conditions within these terms and conditions does not infringe on the validity of the remaining conditions.
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