General Terms and Conditions of ConiuGo Gesellschaft für Telekommunikation mbH
§ 1 Validity of the conditions
- Offers, deliveries and services of ConiuGo Gesellschaft für Telekommunikation mbH are made solely on the basis of these general terms of business. These also apply to future contract relationships, even if they are not expressly reconciled again.
- The general terms and conditions of ConiuGo Gesellschaft für Telekommunikation mbH are given to the customer when the offer is made. At the latest upon receipt of the delivery or service, they accepted as accepted.
- Counter - confirmations of the buyer with regard to his business or purchase conditions are hereby rejected. The general business conditions of ConiuGo Gesellschaft für Telekommunikation mbH are only effective if they have been agreed in writing.
§ 2 offer, conclusion
- The offers of the ConiuGo Gesellschaft für Telekommunikation mbH are subject to change and without abligation. A contract is only concluded with an order confirmation of ConiuGo, not with an order from the buyer.
- The prices quoted on offersare usually valid for 30 days. Contract changes are considered as a contract termination in agreement with the conclusion of a new contract.
- Oral additional agreements to the contract are considered as not taken. Binding for the conctracting parties is the written form.
§ 3 pricing
- The price is in euro, excluding the value-added tax at the statutory rate and costs for the shipping and transport incurance will be charged separately.
§ 4 delivery, purchase
- The specification of delivery dates take place to the best of our knowledge, but isn't binding for the ConiuGo Gesellschaft für Telekommunikation mbH, unless it isn't expressly agreed in writing.
- Delivery and service delays because of force majeure or events, which impede the delivery and service or make it impossible, ConiuGo doesn't justify even in the case of agreed in writing. In this case, the buyer allows an appropriate delay extended by the duration of the disability. The ConiuGo Gesellschaft für Telekommunikation mbH also can whithdraw completely or partly from the contract.
- The ConiuGo Gesellschaft für Telekommunikation mbH is entitled at any time, to carry out and to bill partial deliveries and services.
§ 5 shipping and transfer of risk
- The products of the ConiuGo Gesellschaft für Telekommunikation mbH are packaged commercially and shipped. The risk of shipping passes to the buyer as soon as a shipment has leave the ConiuGo Gesellschaft für Telekommunikation mbH. The choice of the transport company makes ConiuGo.
- The recipient of the shipment has to show any possbible shipping damage to the ConiuGo Gesellschaft für Telekommunikation mbH, otherwise, insurfance benefits of the transport company could get lost.
- A transport insurance is provided on request and bill of the buyer and requires a previously agreed written agreement.
§ 6 terms of payment
- Invoives of ConiuGo are payable without deduction 15 days after invoicing, unless otherwide agreed. Payments are considered as done, as soon as the ConiuGo Gesellschaft für Telekommunikation mbH has the amount.
- ConiuGo is entitled, to be counted payments on any existing debts. Any other regulations of the buyer are hereby rejected.
- In case of a late payment, ConiuGo is entitled to charge interest in the ymount of the interest rate charged by commercial banks. The interest rate should be set lower, of the buyer proves a lower burden.
- The buyer is only entitled to offsetting, retention or reduction - even if complaints and counterclaims are be invoked - if there is a final decision or an undisputed situation.
§ 7 warranty
- The warranty of products of the ConiuGo Gesellschaft für Telekommunikation mbH is 24 month and begins with the date of delivery. The buyer hasto notify a warranty defect immediately to ConiuGo.
- It isn't a warranty defect, if the product has been used against the operating and safety regulations of the manufacturer or these were not considered. Likewise, a warranty is excluded if the device has been opened or changed technically.
- The warranty incluedes provision and installation of nessecary spare parts in the factory of the manufacturer; for this purpose, the product is to be delivered free of charge to the manufacturer.
- Warranty claims from the use of the product and normal wear are excluded.
- Other warranty claims - especially from the risk of a default - or lack fail - are exluded.
§ 8 disposal of the products after the end of the service life
- The customer will dispose the delivered devices at the end of the use at his expense and in accordance with the law. For this purpose, the exemption of the ConiuGo Gesellschaft für Telekommunikation mbH takes place from the take-back obligation and third claims in this regard (§10 II electroG).
- It will be agreed, that claims to take over the production obligation and exemption of claims of third parties, will not become time-barred until 12 month after the final termination of the use of the device. This period begins at the earliest with receipt of a written notice from the manufacturer about the termination of use.
- In the case of a transfer of equipment to commercial third parties, the costumer agrees to also oblige these third parties, to properly dispose the equipment after use, to bear the related costs and impose a disclosure requirement in case of a re-transmission. Violations lead to the costumer's take-back, disposal and cost-bearing obligation regarding to the affected devices.
§ 9 Extended retention of title
- The goods delivered by ConiuGo remain our property until full payment of all claims - also as far as it is from claims of previous deliveries (reserved goods). A claim of the buyer from the resale of the goods is already assigned to the ConiuGo Gesellschaft für Telekommunikation mbH and the buyer may dispose of the goods only under this extended reservation of title.
- The buyer is not entitled to pledge or assign as collateral the goods subject to extended retention of title. In the case of access by third parties - especially bailiffs - to the reserved goods, the buyer will point out the property rights of ConiuGo Gesellschaft für Telekommunikation mbH and notify them immediately.
- In the event of late payment, ConiuGo Gesellschaft für Telekommunikation mbH is entitled to take back the reserved goods at its own expense. This withdrawal and seizure of the reserved goods by ConiuGo Gesellschaft für Telekommunikation mbH does not constitute a withdrawal from the contract.
§ 10 Privacy, Confidentiality
- ConiuGo Gesellschaft für Telekommunikation mbH will not pass on data and information obtained from customers to third parties. The client has a corresponding obligation to ConiuGo.
§ 11 trademarks
- ConiuGo Gesellschaft für Telekommunikation mbH points out that the trade names, brand names or logos mentioned in contracts or publications belong to the respective manufacturing companies.
§ 12 limitation of liability
- Unless intentional or grossly negligent action is present, claims for damages against ConiuGo Gesellschaft für Telekommunikation mbH as well as against vicarious agents and vicarious agents of the performance of the contract (distributors, subcontractors) are excluded.
- For consequential damages resulting from failure of a delivered product, there is basically no liability. The buyer has to secure himself in a suitable manner.
- Each liability is limited to the damage foreseeable at the time of conclusion of the contract and to be specified by the buyer.
§13 Applicable law, jurisdiction, partial nullity
- Neuruppin is the place of jurisdiction for all contracts concluded with ConiuGo Gesellschaft für Telekommunikation mbH. The law of the Federal Republic of Germany.
- Should provisions in these terms and conditions be or become ineffective, this shall not affect the validity of all other provisions. In place of the ineffective provisions are those which come closest to the intended contract in the legally permissible sense.
Hohen Neuendorf, the 1 of November 2006