Terms & conditions

(last update: 01.01.2015)

II. DELIVERY

1. We shall endeavor to meet delivery and performance deadlines, but we shall be entitled to extend such deadlines appropriately, in particular if time delays should arise, e.g. in the case of prior clarification of the order with the customer as well as during the processing of the placed order. Information on delivery times refers to the dispatch of the goods ex works or to the notification of readiness for acceptance and is non-binding unless expressly stated otherwise.

2. Force majeure and other events for which we are not responsible and which may jeopardize the smooth processing of the order, in particular delays in delivery on the part of our suppliers, traffic and operational disruptions, labor disputes, shortages of materials and energy, shall entitle us to postpone delivery or to withdraw from the contract in whole or in part without the customer being entitled to any compensation claims. This shall also apply if the aforementioned events occur at a time when we are in default. 

3. Partial deliveries are permitted under the terms of the overall order. Partial invoices are permissible.

4. In the case of repair work, we shall also be entitled to remedy such defects which only become apparent during the work. Instead of carrying out the repair work, we may deliver other items of equivalent value in exchange, either in whole or in part. Replaced parts will not be returned.

5. We are entitled, even without informing the customer, to have service or maintenance orders processed by other companies.

III. SHIPPING

1. shipping is at the expense and risk of the customer. Transport insurance can be arranged by us, unless otherwise instructed.
2. we work with common transport companies at market conditions, but we do not guarantee the cheapest shipment.
3. we reserve the right not to ship from the place of performance as defined in section XII. but from another place at our discretion.

IV. COMPLAINTS, NOTICES OF DEFECTS AND ACCEPTANCES

1. Complaints due to incomplete or incorrect delivery or complaints due to recognizable defects must be made in writing immediately, at the latest 15 days after receipt of the goods. Other defects must be notified in writing immediately after discovery. With the complaint of defects their free removal must be demanded at the same time. 

2. Warranty claims shall be excluded if complaints or notifications of defects are not made in due time. In the event of timely notification, we shall only be obliged to make subsequent deliveries or to provide a warranty in accordance with Section V.

3. Work performances require in principle a formal acceptance and are to be demanded by the customer. Acceptance shall be deemed to have been completed 10 days after completion, but no later than 3 days after commissioning of the service owed.

V. WARRANTY

1. We provice warranty for promised characteristics and freedom from defects in accordance with the respective state of the art. Changes in construction or design which we generally make to goods prior to delivery of an order do not entitle the customer to make a complaint.

2. The warranty period begins with the dispatch of the goods by us and is generally 6 months – unless otherwise stipulated by legal regulations of the Federal Republic of Germany. Excluded from this are third-party products with a shorter warranty period, such as disk drives (warranty period 90 days), lenses, etc., for which the warranty periods of the suppliers apply. We do not provide warranty for used equipment, unless otherwise agreed in writing.

3. Type of warranty
a) The warranty shall, at our option, be limited to repair or replacement of the defective product or part. Replaced parts become our property.
b) The product subject to complaint shall be sent for repair to us or to a customer service center recognized by us for the respective product area. The costs of the outward and return shipment shall be borne by the customer.

TRANSPORT INSURANCE AS III,1.

4. There shall be no right to rescission or reduction of the purchase price unless we are unable to remedy the defect.

5. The warranty obligation shall expire if the delivery item is modified by third parties or by the installation of parts of third party origin, unless the defect is not causally related to the modification. It shall further expire if installation and treatment instructions are not followed. 

6. Natural wear and tear and damage due to improper handling is excluded from the warranty. Data backup on any data storage is the responsibility of the customer. In particular, we are not liable for changes in the condition or operation of our products due to improper storage or climatic or other effects. The warranty does not extend to defects based on design errors or the choice of unsuitable material, if the customer has prescribed the design or the material despite prior notice.

7. The warranty obligation shall not be extended or renewed by repair or replacement delivery.

8. We decline all responsibility, in particular all claims for compensation, for difficulties arising from the provisions of industrial property rights in the event of resale or use of our products or the goods sold by us.

VI. LIABILITY

Unless otherwise stipulated in these terms and conditions, claims for compensation by the customer, in particular also claims for positive breach of contract and for culpa in contrahendo, are excluded to the extent permitted by law.

VII. EXPORT

1. the goods delivered by us may be exported in uninstalled condition to countries other than those of the common market only with our written consent.
2. in case of violation we shall have the right to cancel the current orders in addition to the right to claim damages.

VIII. RETENTION OF TITLE

1. we reserve the right of ownership of the delivered goods until full payment of all claims to which we are entitled from the business relationship and any claims which may still arise, irrespective of the legal basis.
The customer shall be entitled to process our products or to combine them with other products within the scope of his ordinary business operations. We shall acquire co-ownership of the items resulting from the processing or combination as security for our claims referred to in No. 1 above, which the customer hereby assigns to us. The customer shall store the items subject to our co-ownership free of charge. The amount of our co-ownership share shall be determined by the ratio of the value of our product and the object created by the processing or combination. 3.
3. The resale in the ordinary course of business requires our written consent. If granted, this consent shall expire in the event of a suspension of payments. The customer hereby assigns to us all claims to which he is entitled from the resale, including ancillary rights. The assigned claims serve as security for all claims according to item 1. The customer is entitled to collect the assigned claim as long as we have not revoked this authorisation. The authorisation to collect shall also expire without express revocation if the customer ceases payment. At our request, the customer shall immediately inform us in writing to whom he has sold the goods and which claims he is entitled to from the sale, as well as issue to us, at his expense, publicly certified documents concerning the assignment of the claim. 4.
The customer shall not be entitled to dispose in any other way of the items to which we retain title or co-ownership or of the claims assigned to us. The customer shall notify us immediately of any seizure or other impairment of rights to the items belonging to us in whole or in part. 5.
We are entitled to demand the return of the goods belonging to us at any time if the customer defaults on a payment or if his financial situation deteriorates significantly. If we make use of this right, then – irrespective of other mandatory legal provisions – the customer shall be deemed to be in default.

IX. PAYMENTS

1. Unless otherwise agreed, the customer owes us Euro (EUR) for our deliveries and services. Foreign currency amounts in the form of bank transfers, cheques, bills of exchange, etc. shall be credited with the EUR proceeds we receive from the foreign currency amount.

2. Payments shall be made in accordance with the agreed terms of payment. In the absence of such agreements, payment shall be due no later than 30 days after delivery. For customers outside Germany, the opening of an irrevocable, confirmed and divisible documentary letter of credit, depending on the delivery time, at least 90 days before the agreed delivery date and at the latest 30 days after order confirmation, payable in EUR at a major bank in the Federal Republic of Germany, shall be deemed to have been agreed.

3. Payments shall always be offset against the oldest invoice due. 

4. If the customer is in default of payment or if his financial situation deteriorates significantly after conclusion of the contract, we may demand immediate cash payment for all claims arising from the business relationship, even if they are deferred; this also applies if we have accepted bills of exchange or cheques. Under the same conditions, we may demand advance payment or the provision of security for all current transactions. The rights from § 326 BGB remain unaffected. 5.

5. if the payment deadline is exceeded, interest on arrears amounting to 5% above the respective base interest rate of the European Central Bank may be charged, without prejudice to further rights.

6. MoovIT GmbH is entitled to assign claims against buyers located in Germany and EU countries to abcfinance GmbH, Kamekestr. 2-8, 50672 Cologne, Germany, for refinancing purposes. The buyer will be informed at the time of the conclusion of the contract whether an assignment of the claim will take place. In these cases, payments with debt-discharging effect can only be made to abcfinance GmbH. The buyer will be informed of the bank details of abcfinance GmbH when the contract is concluded.

X. LIABILITY FOR RENTED EQUIPMENT

The renter is liable according to the general liability rules if he damages the device or commits any other breach of contract. In particular, the hirer shall return the equipment in the same condition as when he took it over. The lessee’s liability also extends to the incidental costs of damage such as expert costs, reduction in value, loss of rental income, etc.

XI. BILLING RATES, EXPENSES, SURCHARGES, ETC.

1. Our calculations and invoices are based on the following rates, unless otherwise agreed in writing.
a) IT & Video Service 25,- EUR per unit. One unit of work corresponds to 10 minutes.
b) Daily flat rate IT video service 899,- EUR (includes 8 hrs.). 

2. For journeys by own car, we charge EUR 0.89 per employee for the kilometres travelled to the place of work and back. In the case of flights and journeys by train, we charge the actual costs plus 60% of the rate stated under XI.1. per employee.

3. Expenses such as overnight stays, travel to and from the hotel, etc. shall be borne by our clients and shall be charged according to the actual expenditure.

4. The standard working hours are on working days from 9:00 to 18:00. The following surcharges shall apply to services exceeding the standard working hours:

Workdays 25%
Weekdays from 22:00 50%
Saturdays 25%
Sundays and public holidays 100%.

XII. PLACE OF PERFORMANCE, PLACE OF JURISDICTION, APPLICABLE LAW

1. Place of performance and jurisdiction is Cologne, Federal Republic of Germany.
2. We are also entitled to take legal action before a court which has jurisdiction over the registered office or a branch of the customer.
3. The law of the Federal Republic of Germany shall apply to the delivery/service relationship.