1. In general
1.1. The following conditions are valid for all contract completions, including consultation and other achievements from the contract.
Aberrances – also because of deviating general terms of business of the contract partner – have no validity, unless, they are recognized assertively and in written form. Otherwise stipulated terms, including the order of the buyer, are abolished by the following conditions.
2. Offer, shipment, packaging
2.1. Our offer are always exemptible, as far as the validity period is not mentioned assertively. Improvements or changes of the construction or execution of our goods are reserved. Our quotations, drawings and other order foundations remain our property. Copyrighted utilization rights are reserved for us all alone. They may not be copied or passed on without our consent.
2.2. The processing time for shipping is 1-2 business days. The delivery time depends on the supplier (UPS) and by the recipient country. Shipment takes place on danger of the orderer. As soon as the goods have been passed on duly by the seller to the National Railway, Federal Post Office, UPS or other conveyance business firms and forwarding agencies, the risk passes over to the buyer. All goods will be insured by the seller for the transport. The costs of the insurance are 0,5% of the value of goods and will be considered in the invoice automatically. Should this insurance not be requested by the buyer, this has to be stated in written form when placing the order.
2.3. Shipment will be effected in a way which will be the most appropriate in the seller`s opinion and in a package which seems to be the most suitable. For quality of the packaging material legal liability of the seller is excluded. Special requests will be burdened to the seller. Purchase price includes the packaging costs. But the package will be calculated for big, heavy goods and articles which are not packed by the manufacturer, e.g. traverses, flightcases and foam, from the seller separately. Legal liability of the seller is excluded for disallowed claims for damages because of insufficiently packaging.
2.4. Transport costs have to be borne by the seller and will be calculated to the buyer separately. Deviating regulations can be found in our current terms of delivery, which applies to instead of the previous regulation. The seller reserves the right to alter this terms of delivery at any time assertively. There is no legal claim for the reductions mentioned above in the terms of shipment. In cases of doubt “unfree-regulation” (see above)is valid.
2.5. Partial shipments are eligible, as far as nothing contrary has been agreed.
2.6. The goods have to be inspected for losses in transit immediately after receipt by the orderer or his commissaries. The orderer has to get certified packaging damages when accepting the goods by the forwarding agency in written form.
2.7. The seller will try to execute the shipment promptly. After expiration of the term of delivery stated by the seller an additional delivery term in duration of the term of delivery will be set without explanation, but the longest will be 18 days. In case of superior force, labour dispute measures, magisterially measures and other unforeseen occasions, which can not be avoided despite of the precaution, which can be expected sensibly – equally, if this is the seller, forwarding agent or a third party – term of delivery or of acceptance will be lengthened for the duration of the disability for appropriate time, also when such occasions appear during an existing delay. Do these occasions appear out of a delay in the sense mentioned before, and shipment will be impossible or unreasonably, the seller is eligibled to cancel the order. Claims for damages are excluded in cases as mentioned before.
2.8. In cases of delays of delivery and achievements or impossibility of delivery or achievement, claims for damages because of default are excluded, when no appearance of any intention or rude neglectfulness can be asserted by the seller.
3.1. Claims because of incomplete or incorrect or lacked goods have to be received by the seller in written form immediately, 8 days after receipt of the goods at the latest. Claims for warranties can only be considered when the achievement will be opened immediately and inspected for obvious damages. In case of damage or loss of the goods, the seller and buyer are obliged to acquire all data to enable an evidence of damage, independent from the party which holds the claim for damages.
3.2. When lacks appear and assured quality does not exist, which occurs provable because of circumstances which happened before the transition of danger, the seller will be only obliged to grant an allowance after his will, to exchange or revoke the goods or to give guaranty to repair or correct the delivered article. The seller is exempted from any other or further commitment. Faultily articles have to be returned on the seller`s demand. Replaced parts become the property of the seller. When complaints of classes mentioned before are elegible, the costs for the return and transport insurance will be borne by the seller. The complaint has to follow within 8 days after receipt.
Lacks or damages, which can be led back to culpable or incorrect handling or installation, and use of unsuitable accessory or change of original parts by the orderer or third parties not entrusted by the seller or natural scuff, are excluded from the warranty.
3.3. Claims for damages within the framework of the warranty because of successive defect damages, violation of contractual additional duties, advice mistakes or from forbidden action against the seller and his compliance assistants are excluded, when there is no intention or rude neglectfulness. Claims for damages because of the absence of assured characteristics are excluded, unless, the assurance comprises the avoidance of successive defect damages. Assured characteristics are only presented, when the orderer received this assurance of characteristics in written form.
3.4. The seller gives a guaranty for all devices and goods(except for ducts, lamps, expandable parts and used device). The guarantee time is 12 months. During these guaranty time the costs for spare parts and working time which is necessary for the reperation will be borne by the seller. The buyer is obliged, to bear the costs for the return to the seller. The costs for the anewed shipment to the buyer and insurance are borne by the seller. After several unsuccessful repairs, which have taken place after the regulation stated before, the buyer has the right of delivery of replacement or cancellation of the buyer(conversion). For devices (especially for such with origin in the USA or England) with no guarantee card, guarantee promise of the seller is valid as evidence when the invoice is presented. A guarantee explanation of the manufacturer, which is more extensive as those of the seller, is not binding for him. Further claims – except of the guarantee claims mentioned before cannot be made valid by the buyer. Especially excluded are claims for damages because of successive damages.
3.5. It is pointed out to the buyer, that, according to current technical development level, defects of the software program can`t be excluded totally. We also do not assure any special characteristics of the software programs or their suitability for customer purposes or needs. We can not be held liable for re- procurement and data, unless, the ALCATech GmbH & Co KG caused their destruction rude negligent or intentionally and the buyer has assured, that these data from data material, which is kept in machine readable form, can be reconstructed with passably effort.
4. Claims for damages
4.1. Claims for damages against the ALCATech GmbH & Co KG and their fullfillment and execution companions – the legal cause is unimportant (e. g. advice, positive contract violation or forbidden action)- especially also for direct or indirect successive damages, are excluded. This is not valid, as far as in cases of intention, rude neglectfulness or the lack of assured characteristics will be adhered for forcefully. As far as claims for damages exist against the ALCATech GmbH & Co KG, their fullfillment and execution compnaions, these come under the statute of limitation during one year ex delivery of the products, for systems ex notice of the state of readiness.
5. Right of Withdrawal
5.1. Delivered goods will be revoked only, when this has been agreed before, the goods and original packaging are in faultless condition and the return takes place to the business domicile of the seller in Dresden.
Alcatech GmbH & Co KG
Telefon: +49 (0) 351 44 03 28 83
Fax: +49 (0) 351 4403271
E-Mail: [email protected]
When returning goods without agreement the seller reserves the right to reject the goods. We refer to exceptions of 14 days right to revoke in the terms of delivery, which are a component of these conditions.
5.2. For returned goods or articles revoked, and because of the proviso of property, the current value will be credited with deduction of handling charges, as far as the redelivery will not take place because of an eligible complaint.
5.3. You have the right to return every product within 14 days.
5.4. If you want to revoke your order please use our Revocation Form.
5.5. You have to bear all the return charges when exercising the right of revocation.
5.6. There is no right of return for software downloads or software delivery by E-Mail, as the download is not suitable for return due to its nature.
5.7. There is no right of return for goods, which are individually or specifically manufactured for the consumer purchaser.
6. Customer complaints
6.1. Complaints because of incomplete or incorrect shipment or reprehends because of recognizable defects, which can be asserted provably as a consequence of circumstances before the transition of danger, especially faulty constructions, bad material or lacking execution, have to be passed along promptly, at least 3 days after receipt of the goods in written form. Lacks which are recognized later have to be passed on promptly, at least 6 months after receipt of the goods.
In case of an eligible customer complaint, a retain of payment is only permitted in an adequate and expectable relations between defect and purchase price. If the trade business represents this between merchandisers, the buyer can only restrain payments when a customer complaint has been made effectively and when there will be no doubt about its legitimateness. The claim of eligible customer complaints does not discontinue or inhibit the run time of the guaranty period.
7. Trade mark rights
7.1. If the buyer should be taken into account for direct violation of german trade mark rights because of goods delivered as stated in this contract, we can be held liable for the claims for damages recognized or comparatively asserted against him, as well as for court and advocator costs and only for the following prerequisits. In view of the whole demand we are actually entitled exclusively.
7.2. The seller has to inform us promptly and continuously about all affairs concerning such a demand and makes especially the required information and data available. The legal liability escapes:
– if the violation results by alternation of the objects of agreement, by combination of the objects of agreement with additions or parts during legal proceedings, when the objetcs of this contract itself do not potray a violation
-for acts of violations, which acquiescent after the buyer has been warned for, or received knowledge of a possible violation, unless we have agreed to further violations in written form
-for the case that assertments will be made having legal power, that the further use of the objects of contract violates the german trade mark rights of third parties or there exists the danger of a lament of trade mark rights in our opinion, we can, as far as the legal liability is not dropped away, give the buyer the right to use, change or
alter the objects of agreement at his expenses in a way, that no violation is given any more or we can refund him the value of the object of agreement under consideration of the amortisations which are usual for us.
-With the sale of the goods no license for the use of our patent right, concerning a combination of objects or procedures which will or could be installed in the goods, is granted.
7.3. At the programs and the appendant documentations and succeeding complements, the buyer will receive a non exclusive and non transferrable right of internal use with the products, for which the programs are delivered. All other rights at the programs and the documentations including the copies and succeeding complements remain with the ALCATech GmbH & Co KG and the manufacturers of the programs. The buyer has to assure, that these programs and documentations are not accessible without prior consent given in written form from ALCATech. Basically, copies may only be made as a replacement for archive purposes. As far as these originals bear an indicating notice to an copyright protection, these notice has to be attached by the buyer. As far as nothing else was agreed, this right of use is given with the order confirmation and shipment of the programs, documentations and additional completions. ALCATech GmbH & Co KG will not assume any legal liability for violations of the copyright protection of the manufacturer- so ineffectiveness of the purchase contract can`t result from this.
8.1. The prices stated in our offers, order confirmations and invoices are to be understood together with the value added tax that is valid at the respective moment. Magisterially for the prices are the prices of our suppliers and currency parities which are valid at the moment of the presentation of the offer, and the customs- and import duties.
8.2. For commodities received from abroad the agreed prices can be adapted when the US$ fluctuates to the EURO between the placing of order and shipment (= issue of the invoice).
8.3. For deliveries and partial deliveries, which will take place as agreed 4 weeks later as the date of the placing of order, the purchase price is legally, which is valid at the time of the delivery .
8.4. Prices can be changed by us when requests for changes are publicated by the buyer.
8.5 You can pay in advance, by credit card or by cash on delivery. Credit card and cash on delivery payment may cause additional fees.
8.6. Shipment within Germany is for free.
8.7. Shipment within EU and worldwide : Please inform yourself about the individual shipping costs to your country before ordering.
8.8. We deliver with UPS.
9. Proviso property
9.1. Merchandise remains the property of the seller until all claims from the business relation have been paid for in full, including all auxiliary claims, as well as the settlement of an open account balance at the buyer`s expense. Will the proviso merchandise be sold by the buyer, he already has to cede the claims of the purchase price requested against his accepters in full height to the seller and he has to announce it if this should be required.
9.2. The buyer is neither allowed to distrain, nor to transfer the goods received under proviso property because of security.
9.3. Proviso property consists moreover, when individual claims have been recorded in a current invoice and the balance has been striked and recognized. The buyer can`t acquire property at the goods by processing them to new things; he processes for the seller. The processed goods serve the claim of the proviso of the seller because of security. When processing strange goods by the buyer, which are no property of the seller, the seller becomes co-owner of the new goods in relation of the value of the goods to the strange things which were processed. The buyer has to reserve the property of the goods restricted for him towards his accepters until the purchase price has been paid for in full by those.
All claims of the buyer resulting from the resale of the proviso merchandise will be ceded to the seller. The buyer can comprise the claims from the resale. The debtor has to inform the seller about the ceded claims if this is requested by him.
10. Terms of payment
10.1. The invoices of the seller have to be paid immediately without deduction. Payment has to take place in cash, by credit card (add 5% credit card fee) or by cash on delivery (+ individual fee). If possible, deliveries will only be made by cash on delivery because of technical transaction purposes. The seller is authorized, to execute outstanding shipments only against prepayment. If prepayment will not be made within an appropriate period, the seller is eligible to cancel the order.
10.2. If the orderer will be in default with the payment or circumstances appear, which doubt credit worthiness(e. g. dishonour of checks), all claims will become due immediately. Then the seller will be authorized to execute deliveries only against prepayment or bail.
Moreover the seller is authorized, to take possession of the goods delivered under proviso property, without using the right to cancel the order automatically.
10.3. Compensation and right of retention because of counter claims are excluded, unless, the counter claims have been stated in written form or enforcing.
11. Place of fullfillment, Venue
11.1. Place of fullfillment for all achievements resulting from the contract relationship is Dresden as business domicile of the seller.
11.2. Venue for all quarrels resulting of this contract relationship – also when rescission takes place – for the seller is the appropriate tribunal municipal in Dresden, without consideration of the amount in controversy. The seller is also able to appeal the appropriate provincial court in Dresden.
11.3. In any quarrel about right, the laws of the der Federal Republic of Germany are valid.
12.1. Should a single regulation not be applicable or useful, equally for what reason, the effectiveness of the other regulations will not be concerned.
12.2. Conditions of the orderer, also as far as they have not been passed along, are only valid, if they have been confirmed by the seller assertively in written form.
12.3. The export of the goods is subject to approval and is subject to the German right of foreign trade.
12.4. The unique data, received in connection to the business relation will be processed under observance of the legal regulations at the seller.
12.5. The buyer has to store the goods delivered under proviso property separately and to allow the seller`s authorizers the inspection and appropriate examination of the stocks and to redact the goods to the seller or his authorizers when those do request this, if – after opinion of the seller – also after signing the contract, credit relations of the seller seem not to be suitable for a credit accomodation.
12.6. For our branches outside of Germany separate business terms are valid, you can receive them on inquiry there.