General Terms and Conditions

Pricelist without Mileage and Travel time.

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General Terms and Conditions

I. Validity
II. Completion of contract
III. Right of revocation
IV. Prices
V. Delivery
VI. Retention of title
VII. Guarantee
VIII. Place of performance, jurisdiction

I. Validity
1. All our deliveries and services are performed exclusively on the basis of these general terms and conditions.
We do not acknowledge buyers′terms and conditions that conflict with or deviate from our conditions unless we have given our express written consent to do so.
Individual arrangements remain unaffected by the above regulation.
2. In so far as these terms and conditions contain regulations for dealings with companies, they only apply to; a company which, in completing a legal transaction, is carrying out its commercial or independent occupation, a public legal entity, as well as a state-owned separate estate.

II. Completion of contract
1. The illustrations, descriptions, measurements, weight-, performance and consumer data, as well as information about the usability of devices for new technology contained in brochures or similar materials and offers are subject to change, provided that they are not expressly described as binding.
2. The order made by the buyer is binding. We are entitled to accept the associated contract offer within two weeks. Acceptance can be affirmed by sending the order confirmation, the invoice or by delivery.
3. If a particular item cannot be delivered, upon request, we will send the buyer an item equal in quality and price (replacement item).
4. If a particular item cannot be delivered, we have the right not to deliver it and are released from the duty to deliver. We immediately inform the customer if an item is undeliverable. If he has already made a payment, the customer will be refunded immediately.

III. Right of revocation regarding consumer contracts
1. A contract that has been made between us and the consumer exclusively via long distance communication can be cancelled by the consumer within a time period of two weeks. In the case of deliveries, the time period for cancellation begins on the day the item is received by the customer. In the case of services, the time period for cancellation begins on the day the contract is made.
2. A reason for cancellation does not have to be given, but it must be written on a lasting data carrier or made by returning the items; sending the items on time is sufficient for adhering to the cancellation deadline.
If the consumer has cancelled his declaration of intent on time, he is no longer bound to his contract with us.
3. If the consumer has made an agreement with us to pay (entirely or
partially) with credit, he is also no longer bound to this agreement if he exercises his right of revocation on time. The same holds true if the price was paid (entirely or partially) by a third party and the contract of sale and credit agreement are considered to be a economic entity.
4. The further legal consequences of the cancellation that has been made on time comply with the Civil Code and with the Distance Sales Contracts Act from June 27, 2000 in the case of a credit agreement.
5. The right of revocation does not apply to contracts which entail:
- the delivery of goods that have been prepared in accordance with customer specifications, goods that are clearly altered for the buyer′s personal needs or goods that, on the basis of their composition, are not suitable for return;
- the delivery of audio- or video recordings of software, provided that the delivered data carriers have been unsealed by the consumer.
6. The right of revocation no longer applies to services if we′ve begun carrying them out with the consumer′s consent before the revocation deadline or if the consumer has carried them out himself.
7. For orders costing up to 40.00 Euro, the consumer must bear the costs of the regular return, unless the delivered goods did not correspond to the ordered ones.

IV. Prices
1. The official prices on the day of the completion of the contract are binding for both parties.
2. The agreed upon prices are ex IamIT and do not include installation, training or other additional services.
3. Payments, net and without discounts or other deductions, must follow within 30 days of the issuance of the bill.
4. Checks are only accepted as payment. All actual recovery charges are calculated.
5. Only if it is based on the same contractual relationship does the buyer have the right of retention. The buyer can only use offsetting counterclaims that have either been confirmed by a court of law, are undisputed or are recognized by us.

V. Delivery
1. If the buyer delays his acceptance of the item or violates other related obligations, we have the right to demand compensation for resulting damages, including possible additional costs.
The risk of a chance breakdown or deterioration of the object for sale is passed on to the buyer when there is delayed acceptance on his part.

VI. Retention of title
1. We retain ownership of the delivered object until all payments of the supply contract have been received. If the buyer does not abide by the contract, particularly in the case of delayed payment, we are entitled to take back the delivered item; the buyer is obligated to return the item. In the event that we take back the delivered object, provided that the regulations of the Consumer Credit Act are not applicable, there is no withdrawal from the contract unless we have declared this in writing. In the case of seizures and other interventions of outside parties, the buyer must notify us immediately in writing so that we can bring a suit in accordance with the Code of Civil Procedure.
2. In dealings with customers, we retain ownership of the delivered object until all payments arising from the business connection with the buyer have been made. In this case, the retention of title applies to the acknowledged balance in so far as we enter claims against the buyer on a current bill (open account reservation).
3. We are obligated to release the securities to which we are entitled upon the request of the buyer, to the extent that the value of our securities exceeds the claims to be secured by more than 10%.

VII. Guarantee
1. In the case of a defect in the delivered object, which includes the absence of promised features, we have the choice of either repairing the defective object or of supplying a new one. If repairs can′t be made or a replacement can′t be supplied, the buyer has the right to demand a reduction of the remuneration or a cancellation of the contract.
2. The buyer′s claims to a guarantee are contingent on his reporting obvious defects within a month and non-obvious defects within six months of delivery. The merchants′ duties to examine and report defects in accordance with the Commercial Code remain unaffected.
3. The buyer is obligated to allow us to inspect the defective delivered object.
4. The above regulations under the numbers 1 to 3 apply likewise to the buyer′s claims which have arisen through suggestions within the framework of the contract, consultations or through a violation of information, notification- and consultation obligations. As long as the buyer can make a claim to monetary damages, he is not affected.

VIII. Place of performance, jurisdiction and legal system
1. For contracts with merchants, public legal entities and state-owned separate estates, Wiesbaden is considered the place of performance for delivery and payment, as well as the place of jurisdiction, with instructions that we also have the right to take legal action in the town in which the buyer′s head office or branch is located.
2. If the buyer has no general place of jurisdiction in Ireland or if, after the completion of the contract, he changes his domicile or regular place of residence to one where Ireland law is not in force, our place of business becomes the place of jurisdiction. This also applies if the buyer′s domicile or regular place of residence is unknown at the time of the institution of legal proceedings.
3. The laws of the Federal Republic of Ireland are in force.
The provisions of the UN law on the sale of goods do not apply to the relationship between us and the buyer.

September 12, 2007