I. Area of application
Orders are implemented on the following conditions.
Deviating regulations require writing.
II. Contract conclusion, general
1. The repair conditions apply to all
achievements, the SELECT IT in the Inhouse business accomplish.
To commercial transactions and other services the AGB's of
SELECT IT applies.
2. If an uncontradicted written confirmation of order is
present, then this is determining for contents of the contract and the
range of the repair.
3. Special agreements and contract modifications require
the written confirmation of SELECT IT.
4. If the repair article was not supplied by SELECT IT,
then the customer has to refer to existing commercial patent rights
regarding the article, if SELECT IT does not meet being to blame for,
places the customer SELECT IT of evtl. Requirements third from
commercial patent rights freely.
III. Capacity
1. In the Selct ITPreisliste specified repair
lump sums contain the repair (work time, spare parts), the cleaning,
the function test and the guarantee.
In the repair lump sum are not contained:
- the exchange of complete not reparable building groups (system
board, scanner, current supplies)
- print heads, picture tubes, gehaeuseteile
- consumption and wear material
2. All devices, components and parts given to the
repair must be in the repairable (complete and intact) condition.
3. SelectIT has to accomplish the right the repair of
defective building groups and parts by exchange with function-same
parts.
4. For different parts SELECT IT offers its customer an
first exchange. With false orders or cancellations of the order
SelectIT is to be placed entitled to the customer a handling charge
(s. trade price list for additional achievements) in calculation.
IV. Not feasible repair
1. If a repair cannot not be
accomplished/locked out by SELECT IT to representing reasons, then
SelectIT is justified to compute the developed and provable
expenditure (error fehlersuchzeit equal work time) in form of a
handling charge (s. trade price list for additional achievements).
Reasons for a not-feasible repair are in particular:
A. the complained of error did not arise with the inspection;
b. Spare parts to procure are not;
C Parts and building groups are so damaged that a repair
is not possible;
D the customer the agreed upon date imprisonment for debt
missed;
e. the contract during execution quit is.
2. The repair article needs to be carried back only on
express desire of the customer against refunding the expenditure lump
sum again to the origin condition, unless the made work were not
necessary.
3. With not feasible repair SELECT IT is not responsible
for damage to the repair article, which injury of contractual
Nebenpflichten and for damage, which did not develop at the repair
article, indifferently, to which argument the customer appoints
itself.
4. This non-liability does not apply with resolution, with
rough negligence of the owner or leading employees, as well as with
culpable injury of substantial contract obligations.
5. With culpable injury of substantial contract
obligations SELECT IT- is responsible except in the cases of the
resolution and the rough negligence of the owner and leading employees
- only for the contract-typical, reasonably foreseeable damage.
SELECT IT is not responsible for damages, indirect damage and
escaped profit.
V. Cost estimate
1. A cost estimate provided if:
A. the customer this expressly wishes and but an order given;
b. Spare parts and components are necessary for the
repair, which are not taken off by the repair lump sum.
2. The achievements furnished for the delivery of the cost
estimate are not computed, as far as they can be used at the time of
the execution of the repair.
3. If a cost estimate erstellter of SELECT IT is rejected
by the customer, then the work expended in form of a handling charge
(s Preisliste for additional achievements) at the customers, developed
for the error analysis, is computed.
4. Important note: In the context of the production
of a cost estimate already interferences are into the devices
necessary. These interferences cannot be repaired frequently
also if the customer does not give the repair order after information
of the cost estimate. A requirement on it that the equipment is
carried back to the origin condition, does not exist.
VI. Price and payment
1. For the computation of the repair at the
time of the placing of order the valid SELECT IT price list is
relevant. This is to each customer in the InterNet under www
SELECT IT.de at the disposal.
2. If the repair lump sum is not used, then with the
computation of the repair the prices for used parts, materials and
special services as well as the prices for the works, the driving and
transport costs are in each case separately proven. If the
repair, due to an obligatory cost estimate, is implemented then a
reference to the cost estimate is sufficient, whereby only deviations
are to be particularly specified in the capacity.
3. All prices understand themselves in € (euro). The
value added tax is computed in the respective legal height
additionally debited to the customer.
4. A any correction of the calculation on the part of
SELECT IT and an objection on the part of the customer must take place
in writing, at the latest four weeks after entrance of the
calculation.
5. The payment is to be made when acceptance and handing
or transmittal the calculation out within ten days purely net.
6. The restraint counterclaims of the customer denied by
payments or the set-off because of any by the contractor is not
permitted.
7. New customers become to for the examination of a line
of credit, by which SELECT supplies IT credit insurance, only by cash
on delivery.
VII. Transport and insurance with repair in the
areas of SELECT IT
1. If nothing different one is in writing
agreed upon, and an evacuation of the repair article - including a any
packing and loading -, accomplished upon the requests of the customer,
are accomplished on its calculation, otherwise one the repair article
is delivered from the customer at its expense with the contractor and
fetched after execution of the repair with SELECT IT by the customer
again.
2. If SELECT IT is assigned by the customer the collection
(SELECT IT shuttle) of the repair article, then this is insured with €
2,000, - - against transport damages.
3. Repair articles, which are transported with
Transportdienstleistern (UPS, German batch, German post office, or
other one), are insured according to their guidelines. The
customer for the return motion of the commodity can request large
insurance protection in writing with SELECT IT. The costs are
further-loaded at the customers.
4. For sent in, brought or fetched devices the danger
turns into on SELECT IT, as soon as these devices are delivered with
SELECT IT.
5. With collection or return of the devices the danger
with handing out turns into to the customer on these. With
dispatch by Transportdienstleister the danger turns into on the
customer, if the equipment were handed over at these.
6. Any adhesion is void, if the customer without previous
agreement of SELECT makes IT of lack and/or damage repairs or through
lets third make. A requirement on refunding thereby developing
costs does not have the customer.
7. From any guarantees are excluded use -, consumer goods
e.g. leads, cable connections, connecting plugs, toner units, ink jet
print heads and cartridges, transfer Belts, OPC drums, picture tubes,
etc..
8. With repairs data on data media can be destroyed or
damaged. SELECT IT is responsible neither for these data nor for
requirements for compensation those from overruns to develop can.
Important data are to be secured exclusive by the owner/customer
of the data.
VIII. Repair period
1. The data over the repair periods are
based on estimations and are not obligatory therefore not.
2. The turn-around time for overall repairs amounts to
usually five working days starting from incoming goods, and/or
starting from permission of the cost estimate.
3. The turn-around time can extend substantially, if the
spare parts necessary for the repair are not available in time.
4. The repair can retard by measures in the context of
labor disputes, in particular strike and lockout as well as the
entrance of circumstances, which are not indebted by SELECT IT.
5. Demonstrably due to delay of the contractor if a damage
arises for the customer, then it is entitled under exclusion of
further requirements to require a distortion remuneration; this
amounts to for each full week of the delay 0.5%, in the whole however
at the most 5% of the repair price for that part of the article which
can be repaired from the contractor to, which cannot be used due to
the delay in time.
IX. Pledge right of the work enterprise and omitted
collection
1. SELECT IT is entitled because of the
pledge right at the devices, contractual order in accordance with
furnished achievement, which arrived in the context of the order into
the possession of SELECT IT.
2. If the customer does not redeem it by cash on delivery
sent equipment after execution of the servicing also then yet, after
he received a further request, or does not fetch the customer the
equipment within 4 weeks after the second request, SELECT IT can
compute the customer at expiration of the period an appropriate camp
money.
3. Even if the equipment was not fetched after 3 months
after the second request, SELECT IT is not obligated to the further
keeping and of any adhesion, also for easy-negligent damage or fall,
freely. At expiration it is open this 3 period of one month
SELECT IT to send to the customer a menace of free-handled sale.
SELECT IT the equipment concerned may sell four weeks after
mailing this menace for the covering of the demand for servicing
against the customer. Thereby if an excess of proceeds in
reference to repair lump sum is obtained, it is to be out-turned at
the customers.
X. Guarantee for repair and adhesion
1. SELECT IT carries on the perfect
accomplished repair three months long for guarantee out. Lack
are improved free of charge at the equipment concerned, if and as far
as they are to be represented IT from SELECT. The guarantee of
SELECT IT exclusively refers to in the context of the repair the
behobene malfunctioning. The guarantee begins with the date of
the rendering of invoice.
2. SELECT IT ensures the use of perfect material at the
time of the execution of repairs for the same period.
3. For defect removal the customer has to grant SELECT IT
time and opportunity and to carry above all ensuring that the
complained of article for investigation and execution of the guarantee
measures assigned SELECT IT or its are available.
Over the guarantee the customer can place going out requirements
only if the repair article is always still not functional after three
successless rework attempts.
4. SELECT IT is responsible for damage and losses on
dem/des order article only to that extent, when SELECT IT meets or its
executing aide being to blame for. In the case SELECT IT is
committed to the damage to the repair free for the customer, in
addition, alone justified. If the repair is impossible or if the
expenditure for it exceeds the current value, SELECT IT can fulfill
the requirements of the customer instead of its by payment of the
purchase price of comparable equipment or after own choice, by supply
of appropriate new equipment. Same applies with loss.
SELECT IT is responsible in no case for liebhaberwerte or
comparable.
5. For damage of other kind, it is also otherwise, alike
to the equipment or from which argument, so among other things in
consequence of the injury of contractual additional obligations or due
to bad actions, sticks to SELECT IT only, if and as far as such damage
was caused by deliberate or roughly negligent behavior of SELECT IT or
the coworker or executing aide tasks assigned by SELECT IT with the
practice for you after this repair order. SELECT IT is obligated
in accordance with condition of the managing conditions only then to
the removal of lack or damage and/or to the compensation, if the
arisen lack and damage were indicated immediately after their
discovery, anyhow not later than one week after discovering, in
writing. It applies the legal period of limitation.
6. Any adhesion is void, if the customer without previous
agreement of SELECT makes IT of lack and/or damage repairs or through
lets third make. A requirement on refunding thereby developing
costs does not have the customer.
7. From any guarantees are excluded use -, consumer goods
e.g. lead, cable connection, connecting plug, toner units of ink jet
print heads and cartridges, transfer Belts, OPC drums, picture tubes,
etc..
8. With repairs data on data media can be destroyed or
damaged. SELECT IT is responsible neither for these data nor for
requirements for compensation those from overruns to develop can.
Important data are to be secured exclusive by the owner/customer
of the data.
XI. Area of jurisdiction
For all disputes from the contractual relation, if
the customer is buyer, a legal entity of the public right or a public
special estate, the court of the head office of SELECT IT is
responsible. SELECT IT can call also the court responsible for
the customer. |
