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General repair conditions

As of: October 2016

§ 1 Scope

1.1 Our General Terms and Conditions apply to the provision of repair services in accordance with the contract concluded between us and the client.

1.2 Our general terms and conditions apply exclusively; We do not recognize any conditions of the client that conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing. Our General Terms and Conditions also apply if we carry out the repair services without reservation despite being aware of the client's conditions that contradict or deviate from our General Terms and Conditions.

1.3 Our General Terms and Conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, or a legal entity under public law or a special fund under public law.

§ 2 Offer, conclusion of contract and offer documents

2.1 The client's order represents a binding offer, which we can accept within 2 weeks by sending an order confirmation or by handing over the work or providing the work. Offers or cost estimates made by us beforehand are non-binding.

2.2 We reserve ownership rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to written documents that are designated as confidential. Before passing it on to third parties, the client requires our express written consent.

2.3 If, when type the repair, it turns out that it makes sense to type minor additional work, especially if this is the only way to ensure that the item is usable, we are entitled to type it out for the account of the client.

§ 3 type of repairs in the event of a warranty or guarantee

3.1 If the client hands over a device purchased from us based on a warranty or guarantee claim, we are entitled to check whether the requirements for such a claim are met. If the requirements are met, the provisions regarding the warranty or guarantee from our General Terms and Conditions of Delivery apply. If the requirements for a warranty or guarantee are not met after our examination, we will inform the client. In this case, the repair will only be carried out if the client places an order to carry out a paid repair.

3.2 If the client does not give us the order to carry out repairs for a fee within 10 days, he is obliged to collect the device. In this respect, the provisions regarding the collection of the devices after the repair has been carried out apply accordingly.

§ 4 Collection and storage of repair items

4.1 The item to be repaired can only be handed over upon presentation of the repair order. We have a business lien on the repair items in accordance with Section 647 of the German Civil Code (BGB). The release of the repair item is therefore dependent on full payment of the repair invoice. If such a lien does not exist because the client is not the owner of the item being repaired, there is a right of retention until our repair invoice has been paid in full.

4.2 The client is obliged to collect the repair item within 3 weeks of notification that the repair has been completed. Once this period has expired, the risk cover to our continued storage of the item passes to the client. We are also entitled to charge the costs arising from further storage of the item. After a further 2 months, we are entitled to sell the repaired item by way of pawn sale.

§ 5 Prices and payment conditions

5.1 The agreed price is decisive. Binding price information is usually given on the basis of a written cost estimate in which all information and the materials required to produce the work must be listed in detail, along with the price. We are bound to such a cost estimate if the order is placed with us by the client within 4 weeks of input of the cost estimate.

5.2 The remuneration is to be paid immediately after completion of the power and after the invoice has been issued, without any discount. The legal regulations regarding the consequences of late payment apply.

5.3 The client is only entitled to offset if the counterclaim is undisputed, legally established or recognized by us. The client is also entitled to offset if he asserts complaints about defects or counterclaims from the same contractual relationship.

§ 6 Performance time

If we have specified execution or completion deadlines and made them the basis for placing the order, such deadlines will be extended in the event of strikes and cases of force majeure, for the duration of the delay.

§ 7 Warranty

7.1 We guarantee any defects through repairs. If the repair fails, the client can, at his discretion, demand a reduction in the remuneration (reduction) or reversal of the contract (withdrawal). This also applies if we seriously and definitively refuse to make improvements.

7.2 The client does not have the right to withdraw from the contract if the defect is insignificant.

7.3 The aforementioned claims for defects expire one year after collection or delivery unless we caused the defect intentionally or through gross negligence or fraudulently concealed the defect.

§ 8 Liability

8.1 If, in accordance with legal regulations, we have to pay for damage that was caused through slight negligence, our liability is limited. In this case, liability only exists in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations that the order intends to impose on us based on its contents and purpose or whose fulfillment makes the proper execution of the contract possible and on whose compliance the client regularly trusts and can rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded. The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.

8.2 To the extent that liability for damages that are not based on injury to the client's life, body or health, for slight negligence, is not excluded, such claims expire within one year, starting from the time the claim arises or, in the case of claims for damages due to a defect Acceptance of the work.

8.3 The limitation of liability according to 8.1 and the shortening of the limitation period according to 8.2 do not apply to damages that are based on a grossly negligent or intentional breach of obligations by us, our legal representatives or our vicarious agents, or in the event of injury to life, body or health.

8.4 Regardless of fault, our liability for fraudulent concealment of the defect, the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

§ 9 Limitation of personal claims

In contrast to Section 195 of the German Civil Code (BGB), our claims for fulfillment of wages expire after 5 years. Regarding the start of the limitation period, Section 199 of the German Civil Code (BGB) applies.

§ 10 form of declarations

Legally relevant declarations or notifications that the client must make to us or a third party must be in text form.

§ 11 Choice of law – place of jurisdiction

11.1 The law of the Federal Republic of Germany applies to this contract.

11.2 The exclusive place of jurisdiction for contracts with entrepreneurs, legal entities under public law or special funds under public law is the court responsible for our place of business.