Terms and Conditions
VIDCO Collaboration Solutions GmbH (VIDCO)
§1 Scope of application
(1) The deliveries, services and offers from Vidco are subject to these Terms and Conditions. They also apply to all future business relations, even if they are not expressly agreed again. These provisions shall be deemed accepted at the latest upon receipt of the goods or services. Confirmations of the buyer with reference to its own terms and conditions are hereby rejected.
(2) Deviations from these terms and conditions are only valid if confirmed in writing by Vidco.
§2 Offer and Conclusion
(1) The offers are not-binding and without obligation Vidco. Additions, amendments or additional agreements shall be legally binding only with written confirmation of Vidco.
§3 Prices, terms of payment
(1) Prices in catalogs or price lists are subject to a price change, which need not be announced in advance.
(2) Unless otherwise stated, Vidco holds to the prices in their bids for 30 days from their date of.
(3) Decisive are the prices specified in the order confirmation from Vidco plus applicable sales tax. Additional deliveries and services are charged separately.
(4) The prices are, unless otherwise agreed in stock Dreieich. At the buyer's request, the shipment of the goods takes place. Costs of transport and transport insurance shall be borne by the buyer.
(5) Undiscountable is only the value of goods without freight. Services are not subject to discount.
(6) Payment of invoice by check or bill of exchange is done in lieu of payment and requires the consent of Vidco. Discont, exchange costs and costs borne by the buyer.
(7) In default of the buyer Vidco is entitled to charge interest at 4% pa above the discount rate of the Deutsche Bundesbank.
(8) Bills of Vidco deemed accepted if not objected to in writing within 30 days after invoice date.
(9) The buyer waives the right of retention of all transactions of the ongoing business relationship. The offsetting of counterclaims is only permissible if they are recognized by Vidco and found due or legally to pay.
§4 Shipping
(1) The mode of shipment is decision of the buyer. If this is not expressly stated by him, so the selection is made by Vidco reasonable discretion. All shipments, including any returns, at the expense and risk of the purchaser.
§5 Provision of goods
(1) If Vidco provided equipment or other goods for processing, repairs, alterations, adjustments or for other purposes by the customer, Vidco is not responsible for the whereabouts of the things. The customer is free to insure the property to a reasonable extent.
§6 Delivery and Performance
(1) Delivery dates, which are listed in the order confirmation from Vidco are not binding.
(2) Delivery and performance delay due to force majeure and due to events that make it difficult Vidco of the supplies or impossible - this includes subsequent material procurement difficulties, equipment failure, strike, lockout, shortage of personnel, lack of transportation, official orders, etc., even if they occur at suppliers of Vidco or their subcontractors -, Vidco is not responsible for, even if binding agreed deadlines and dates. They entitle Vidco to the duration of the hindrance plus a reasonable start-up time added push the delivery or performance or to rescind the contract because of the unfulfilled portion completely or partially.
(3) Unless Vidco is in default for failure to comply binding agreed deadlines and dates, a claim for damages of the buyer is excluded, unless the delay is not due its legal representatives or its vicarious agents due to gross negligence or intent by Vidco.
(4) Vidco is entitled to make partial deliveries and partial performances at any time.
§7 Transfer of risk, transport insurance
(1) The risk passes to the buyer once it is handed over to the carrier or the purpose of shipment has left the warehouse of Vidco. If the shipment without the fault of Vidco is impossible, the danger with the notification of readiness for shipment to the buyer.
(2) Vidco closes before shipment of goods from a transport insurance. The buyer must inspect the shipment immediately to the shipping damage and immediately in writing of any damage and draw up a damage report to the transportation company and the seller (see §60 ADSp). Vidco takes over in the event of a claim settlement with the transport insurance.
§8 Retention of title
(1) Until all claims the goods remain the property of Vidco (reserved goods).
(2) The purchaser is entitled to process the reserved goods in the ordinary course of business and as long as he is not in default. Pledges or assignments are not permitted. From the further sale or any other legal reason (insurance, tort) in respect of the reserved goods (including all balance claims from current account) the buyer already now for security reasons transfers fully to Vidco.
(3) If third parties claim access to the reserved goods, the buyer has to refer to the property of Vidco and to immediately notify. Costs and damages paid by the buyer.
(4) For payment, filing or institution of bankruptcy proceedings, judicial or extrajudicial settlement proceedings void the right for further comment, for use or installation of the goods.
(5) The buyer is obliged to insure the goods against fire and theft and to prove such insurance upon request of Vidco. All claims to the insurer under this contract in respect of the goods are hereby ceded as of Vidco.
§9 Warranty
(1) Vidco ensures that the products are free from manufacturing and material defects. The warranty period is twelve months. The warranty period begins on the delivery date. If operating or maintenance instructions of Vidco is not followed, changes to the products, parts replaced or consumables used which do not meet the original specifications, any warranty is not applicable.
(2) The buyer must Vidco of defects without delay, but no later than within one week after receipt of the delivery item. Defects that can not be detected by a thorough examination within this period shall be notified to the Seller immediately upon discovery in writing (Transport damage, see § 7 AGB).
(3) In case of defect, the Purchaser shall have to send the defective part or equipment to remedy the defect (rectification) of Vidco. If a defect removal without returning the goods to Vidco, by the purchaser, the warranty is limited to replacement of defective parts. If the buyer requires that warranty work is carried out at a place specified by him, Vidco can comply with this request, which will not be charged covered by the warranty parts, but labor hours and travel expenses are charged at the standard rates of Vidco.
(4) Should the repair reasonable period of time, the buyer may at his discretion reduce the payment or cancellation of the contract.
(5) A further compensation is excluded in all cases.
§10 General Limitation of Liability
(1) Claims for damages by the purchaser breach of contract, negligence in contract negotiations and tort are excluded unless they are based on intent or gross negligence of Vidco, a legal representative or vicarious agent.
§11 Applicable law, place of jurisdiction, partial invalidity
(1) These terms and conditions and the entire legal relationship between Vidco and the buyer the right of the Federal Republic of Germany.
(2) Where permitted by law Langen exclusive jurisdiction for all disputes arising from the contractual relationship is directly disputes arising.
(3) Should one of these provisions be invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by such valid provisions which are to achieve the intended economic purpose.
