(Version 01.01.2004)
§ 1 Area of application
Our terms of sale apply in the actually valid version to all present and future business relations.
Different, opposing or supplementing general trading conditions will not become, even with knowledge,
part of contract. The only exception is, when we have agreed to their validity expressly in writing.
§ 2 Offers
Our offers are subject to alteration without notice, technical changes remain
reserved in the context of the reasonable. Offers of the customer can be accepted by us within four weeks after receipt by confirmation or distribution of the ordered articles.
§ 3 Prices and Payment Conditions
Our prices apply ex factory excluding packing and inclusive value added tax.
Invoices become immediately due after invoice date to be paid without rebate.
§ 4 Time of Delivery
The times of delivery indicated by us are noncommittal, a date of delivery is valid only
in the context of an expressly written single agreement. A requirement for compensation of the customer because of
a failure to deliver presupposes in each case, that the customer with the order referred
to the possibility of the damage to take place.
§ 5 Passage of the Risk
The danger of the coincidental fall and the coincidental degradation of the
product is to be accounted by the customer, when the product is handed over to the carrier
or is distributed to the carrier, or otherwise to the person or institute intended for the execution of dispatching. It stands
directly for the delivery , if the buyer is in the delay of the acceptance.
§ 6 Right of Revocation with remote Sale Contracts
The consumer in the sense of the German FernAbsG is entitled a right of
revocation with remote sale contracts. In accordance with the conditions of the remote
sale law he has the possibility within two weeks after receipt of the product to
recall the contract without reason. The revocation can take place in writing or via return of the
product; to keep the period of time the punctual sending off at Marc Buelow, Luebbersmeyerweg 9, 22549 Hamburg is sufficient. In the case of practice of the right of revocation the consumer carries
the costs of transmission as far as a purchase order value of 40 Euro. A right of revocation does not exist in
principle in the following cases: Software licenses, since here an individual license key was conveyed.
§ 7 Guarantee / Non-Liability
We ensures for a duration of 24 months starting from delivery date, that the delivery articles are free from
errors in respect to the state of the art . We do not grant a guarantee for lack and damage, which developed from unsuitable or inappropriate use,
the neglect of application references or an incorrect or careless treatment. Obvious lack
is immediately to indicate in writing, at the latest however ten working-days after
the receipt of the supply; otherwise all requirements for lack are impossible for this. In commercial traffic supplementing
the §§ 377, 387 HGB apply. As far as a lack of the purchase thing arises within a
year after the delivery date, the consumer is entitled for his choice for the asserting of a right to defect removal or new supply
(Post Fulfillment). In the framework of the new supply the exchange into products with higher order already now
is accepted. If the selected kind of the Post Fulfillment is connected with disproportionately high costs, the requirement on the kind of the
Post Fulfillment is limited to the remaining kinds of the respective case.
Additional rights, in particular the cancellation of the sales contract can be made valid only at expiration of an appropriate period
to post fulfill or in the case of the twice fail of the Post Fulfillment. At expiration of the first
year the requirement is usually limited to rework, for industry-specifically the arising costs
are regularly disproportionately high (§ 439 II BGB). If the Sensalgo Software should make an exchange in the context of the rework into a product with higher order, this is considered already now as accepted.
Further rights, in particular the cancellation of the sales contract, can be made valid only at expiration of an appropriate period
to post fulfill or in the case of the twice fail of the Post Fulfillment. If an
entrepreneur is concerned as the buyer, then we are entitled within a year after
the delivery date for our choice to remove the defect or to perform a new supply in the sense
of § 439 BGB. At expiration of a year starting from the delivery date his warranty claims
are limited to defect removal or current value credit note depending on our choice. If the entrepreneur should demand
an expenditure substitution in the sense of § 478 II BGB, this is limited to max. 2% of the original
product value. Requirements, which rely on § 478 BGB, are fulfilled by the
24-month guarantee for entrepreneurs in the sense of the equivalent reconciliation
of § 478 IV S. 1 BGB. By an exchange in the framework of the warranty/guarantee terms
no new warranty/guarantee periods become valid; § 203 remains unaffected. As far as
not expressly differently agreed, further requirements of the buyer -
independently by which argument - are impossible. We are therefore not responsible for damage,
that did not develop directly at the delivery article; in particular we are not responsible for
a loss of profit or other financial damages of the buyer. The release of
liability described does not apply, if the damage is based on resolution, rough negligence or
the absence of an assured characteristic, the injury of contract-substantial obligations, achievement delay, impossibility, as well as requirements
according to §§ 1, 4 of the product liability law. We are not responsible for the re-establishment of data
, unless we caused the loss deliberately or roughly negligently and the buyer guaranteed that a data protection took place, so that the data
can be reconstructed at a justifiable expenditure.
§ 8 Securing of the Retention of Title
We reserve ourselves the property at the product up to the complete payment of all demands from the business relation with the customer.
The customer is obligated, to communicate us immediately in writing the access of a third party to the product, for example in the way of a seizing, as well as any damages or the destruction of the product. Likewise the customer has to indicate us immediately a change of ownership of the prodcut as well as the own change of the operating location. Should the third party not be able to refund to us the judicial and out of court costs of the perception of our rights, the customer is responsible for the loss we developed. The customer is entitled to further-sell the product in the tidy course of business, he already now retires to us all demands at height of the calculation total amount including value added tax, which arise for him by the further sale against a third party. We accept the transfer. After the transfer the customer is authorized to the collection of the demand. We reserve ourselves to draw in the demand as soon as the customer follows his liabilities incorrectly or comes into a delay of payment. In this case the customer is obligated on our requirement to communicate to us the retired demands and their debtors and as well to give all data necessary for the introduction, to hand over the according documents and to communicate the transfer to the third parties; the collection power of the customer then ends. The treatment and processing of the product by the customer always take place in the name and in the order of us. If a processing with articles, that do not belong to us, takes place, we then acquire the co-ownership in relation to the value of the product supplied by us to the other finished articles, the same applies in the new thing, if the product is mixed with other products, that do not belong to us. These regulations apply accordingly to possibly developing new rights of exploitation and use by the subsequent treatment.
We release the securing transferred to us on the demand of the customer to
the extend, that value of our securing exceeds the principal claim, which is to be secured, around more than 20 %, the selection of the
securing to be released is incumbent on us.
§ 9 Set-off and Retention
The customer has a right for set-off only, if his counterclaims were validly determined or recognized by us. A right of lien the customer can exercise only, if
his counterclaim is based on the same contractual relation as our demand.
§ 10 Software License Agreement
For software supplied by us additionally to these general terms of sale the conditions of our software
license agreement apply, which are handed out to the customer on demand and
which are also contained on the data media of our software. In respect to contradictions between these general terms of sale and the software
license agreement the general terms of sale are priority.
§ 11 Data Processing
With the task of an order you explain your agreement, that we store, process and, in the context of the
customer relationship, use the data contained on the purchase order form.
§ 12 Place of Delivery, Area of Jurisdiction, applicable Right
Place of delivery for all obligations from the present treaty is Hamburg,
Germany, so far as this definition is legally permissible. Exclusive area of jurisdiction for all disputes from the present
treaty and its execution is Hamburg so far this definition is legally permissible. All contractual relations with the customer are subject to German right under exclusion of the UN
right of purchase.
§ 13. Salvatori Clause
Should individual regulations of the contract with the customer including these general trading conditions as well as the software
license agreement be totally or partly ineffective, then thereby the validity of the remaining regulations is not affected.