analog/digitale Highend Data - Acquisition Card XADIO 8.0
 
 
GTC

General trading conditions


  1. Terms of delivery and sales
    Basis for the completion of the order are the trading conditions. All agreements and explanations, those between the Brückner & Jarosch engineer company ltd. and the orderer for execution of the present Treaty to be met, had in writing or by email take place.
    Warranties, special agreements and changes of the contract require writing to their effectiveness, just like the renouncement on writing.


  2. Conclusion of contract
    The sales contract is final, if the Brückner & Jarosch engineer company ltd. the acceptance of the order of the object of the purchase within 14, specified in more detail, days in writing confirmed (by email) or the supply is implemented.
    A repetition of the order by telephone, delivered before by Internet, is considered as renewed order.
    In case of credit-worthiness lacking of the customer the Brückner & Jarosch engineer company ltd. keeps itself the right forwards to withdraw from the contract.


  3. Prices/terms of payment
    With the prices of all indicated in EUROS of the Brückner & Jarosch engineer company ltd. offered achievements is not contained of value added tax. If the customer is not entitled to the vat departure, it has the legal value added tax apart from possibly resulting expenditures for the dispatch of the goods to pay to the Brückner & Jarosch engineer company ltd.

    The prices are obligatory, it are, it are present posting, printing or calculation errors. Of the orderer desired special services with the dispatch are charged for separately.

    Even if the achievement article covers the installation of individual parts (hardware components) or software in and/or on user hardware, then only the expenditure with the agreed upon payment, generally usual in this connection, is considered as paid off. Additionally, more unexpectedly and by circumstances from the sphere of the customer conditioned expenditure becomes the customer on the basis with the Brückner & Jarosch engineer company ltd. to this time of valid achievement sets, separately in calculation posed and is to be paid by this also apart from the originally agreed upon return.

    The Brückner & Jarosch engineer company ltd. reserves itself the right to increase the prices appropriately if the manufacturing costs increase around at least 5%, in particular due to of collective wage agreements or materials price increases.

    The following terms of payment are valid:

    • The remuneration is in its entirety due with supply and/or decrease and the entrance of the calculation. The customer comes, if he did not pay. without further explanations of the salesman 10 days after the day of maturity in delay.
    • In case of the presence of lack to the customer a right of lien is not entitled, it is, the supply is obviously unsatisfactory and/or the customer is entitled obviously a right for the refusal of the reduction of the work. In such a case the customer is only for retention entitled, so far the retained amount in appropriate relation to the lack and the prospective costs of the After-fulfillment (in particular a lack removal) stands.
    • The customer is not to be made valid entitled requirements and rights because of lack, if he did not make due payments and the due amount stands in appropriate relation to the value - with lack afflicted - of the supply and/or work.

    In case of the delay of payment is the Brückner & Jarosch engineer company ltd. entitled:

    • To make valid on the basis of the pending invoice amount interests at a value of 8% opposite clients (entrepreneurs) and at a value of 5% opposite private customer (consumers) over the valid in each case basis interest rate of the EZB.
    • To make valid on the basis of an appropriate proof a large damage.
    • To retain further achievements up to the complete payment of all demands from the past business relation opposite the customer.
    • To withdraw from the contract, if it granted an appropriate period before to its contracting party for payment.

    The Brückner & Jarosch engineer company ltd. reserves itself further the right to make dependent without delivering indication of reasons the supply, i.e. the delivery on hard and software step by step on the payment of the agreed upon payment in particular the commodity by cash on delivery.


  4. Delay and impossibility
    All offers are not-binding, i.e. that dates of delivery and times for delivery are in principle noncommittal temporal guideline assistance, unless they are in writing agreed upon expressly as fixed dates. Requires the customer for placing of order changes or additions of the order or enters other circumstances, those the Brückner & Jarosch engineer company ltd. the observance the date of delivery make and have them impossible these circumstances not to represent, then the date of delivery shifts around an appropriate period.

    As far as nothing else agrees, is the seat of the Brückner & Jarosch engineer company ltd. the place of delivery, i.e. that all achievements are accomplished in Erfurt, the costs of an installation at the customer, of the dispatch and the transport insurance are to be paid of the customer separately.

    The Brückner & Jarosch engineer company ltd. clings with delay or impossibility of the achievement only in cases of the resolution and the rough negligence of its person, its representative or its executing aide according to the legal regulations.
    The adhesion of the Brückner & Jarosch engineer company ltd. is limited in cases of rough negligence to the contract-typical, foreseeable damage. In all other respects clings the Brückner & Jarosch engineer company ltd. because of delay of the achievement on payment of damages apart from the achievement at a value of 3% of the value of the retarded per completed week, in that itself the Brückner & Jarosch engineer company ltd. in delay ruled, altogether however at a value of at the most 5%.
    The payment of damages instead of the achievement is limited the case of the delay and the impossibility of the achievement to at the most 5% of the value of the achievement and/or supply. The managing restriction is not valid for the adhesion because of the injury of the life, the body or health.


  5. Retention of title
    The delivery article remains in the property of the Brückner & Jarosch engineer company ltd. up to the fulfillment all you opposite the customer from the business relation of being entitled requirements. If these articles in the property of the customer standing things to be also connected and by the connection the property of the Brückner & Jarosch engineer company ltd. expires, vacates the customer of the Brückner & Jarosch engineer company ltd. at the new connected thing proportionately property.

    With obligation injuries of the customer, in particular with delay of payment, is the Brückner & Jarosch engineer company ltd. also without period setting entitled to require the publication of the delivery article and/or withdraw from the contract. In this case the customer is obligated to publication. In the publication demand of the delivery article no declaration of withdrawal of the Brückner & Jarosch engineer company ltd. is present, it is, this is expressly explained.

    The customer commits itself it too omitted, still the property to give away of the Brückner & Jarosch engineer company ltd. of standing articles to pawn to lend or convey for security and beyond that to inform the Brückner & Jarosch engineer company ltd. immediately - is called without culpable hesitating - about each enforcement measure, third into those the Brückner & Jarosch engineer company ltd. belonging articles made. Costs of the intervention of the Brückner & Jarosch engineer company ltd. has to carry the customer.


  6. Passage of risk
    As far as nothing else agrees, is the seat of the Brückner & Jarosch engineer company ltd. the place of delivery, i.e. that all achievements are accomplished in Erfurt. The costs of an installation at the customer, of the dispatch and the transport insurance are separately computed and are separately by the customer to be paid.

    The danger of the coincidental fall or the degradation of justifiable things turns into on the customer, if it these by coworkers of the Brückner & Jarosch engineer company ltd. directly at its residence and/or the seat of the Brückner & Jarosch engineer company ltd. or - in case of dispatching - the carrier, to which carrier or a person or an institute otherwise intended for dispatching are handed over. In case of the production of individual software the danger of the coincidental fall turns into on the customer, if it the achievement of the Brückner & Jarosch engineer company ltd. as stipulated decreased. The transition of the achievement danger enters also if the customer with the reduction of the achievement comes into delay.


  7. Guarantee
    The Brückner & Jarosch engineer company ltd. commits itself in accordance with condition of the following regulations, the customer for the faultlessness of the achievements furnished by it, in particular the existence assured characteristics, at the time the decrease and delivery to in-be entitled the delivery.

    Warranty claims of the customer are impossible, if it acts with the lack maintained by him only around an insignificant deviation from the agreed upon condition or an only insignificant impairment of usefulness and the validly made lack to circumstances out of the sphere of the customer to due is. In particular an inappropriate transport, inappropriate maintenance for example by not an authorized workshop, or an inappropriate list. The same is valid in case of the supply of used things.

    The right to vote between rework and replacement in the context of the After-fulfillment is located in each case of the Brückner & Jarosch engineer company ltd. too. If the customer wants to withdraw from the contract, a reduction in purchase price, payment of damages instead of the achievement or the lack repairs (), the lack removal, in particular the rework, after the unsuccessful second attempt as failed, is only valid if the defectiveness of the achievement article is to due to the same circumstance.

  8. Limitation
    The period of limitation for requirements and rights because of a lack of the delivery article - same from which argument - amounts to with new things 1 year and with used things 6 months.

    This is not valid however for the requirement for resort of the customer, if he continued to sell the thing in the context of his business concern and because of a lack of the thing by his customer were taken up (§§ 479 exp. 1, 476, 437 BGB n.F.). The requirement for resort is subject to a period of limitation of 3 years.

    The periods of limitation after exp. 1 and exp. 2 are valid under the following condition:

    • The periods of limitation are not generally valid in case of the resolution.
    • The periods of limitation are not also valid, if the Brückner & Jarosch engineer company ltd. the lack concealed bad-cunningly or so far it a warranty for the condition of the delivery article took over. Has the Brückner & Jarosch engineer company ltd. a lack bad-cunningly concealed, then a period of limitation of two years beginning with the delivery and/or the delivery of the delivery article (§§ 444, 438 exp. 1 No. 3 BGB n.F.) under exclusion of the time extension is valid with bad cunning in accordance with §§ 438 exp. 3 BGB n.F.
    • The periods of limitation are valid for claims for damages besides not in cases of the injury of the life, the body, the health or the freedom, with requirements after the product liability law, with rough negligent obligation injuries or the injury of substantial contract obligations.

    The period of limitation begins with all requirements with the acceptance of the receiving.


  9. Limitation of liability
    The Brückner & Jarosch engineer company ltd. clings in cases of the resolution and the rough negligence of its own person, a representative or an executing aide according to the legal regulations.

    In all other respects clings the Brückner & Jarosch engineer company ltd. only after the product liability law, because of the injury of the life, the body or the health or the culpable injury of substantial contractual obligations.

    The claim for damages for the injury of substantial contract obligations is however limited to the contract-typical, foreseeable damage. The adhesion of the Brückner & Jarosch engineer company ltd. is limited also in cases of rough negligence to the contract-typical, foreseeable damage, if none of the exceptional cases specified in sentence 2 is present.

    The adhesion for damage to right goods of the customer, which are to due to lack of the delivery article, is completely impossible. This is not valid, so far for resolution or rough negligence is present or because of the injury of the life, the body or health is clung.

    The regulations of the two managing sales refer to payment of damages apart from or instead of the achievement, equivalent from which argument, in particular because of lack, the injury of obligations from the obligation or from bad action. They are valid also for the requirement on substitution of futile expenditures. The adhesion for delay and impossibility determines itself however according to copyright.

    Requirements for resort of the customer against the Brückner & Jarosch engineer company ltd. in accordance with § 478 BGB exist only to that extent, when the customer did not make agreements going beyond the legal requirements for lack with his customer.

  10. Transfer prohibition
    The rights of the customer from with the Brückner & Jarosch engineer company ltd. existing business relations are not transferable.


  11. Data protection
    The customer explains itself in agreement with the fact that its personal data in the EDP system of the Brückner & Jarosch engineer company ltd. to be stored and processed automatically.

  12. Nullity clause
    If one of the managing regulations should be ineffective, thereby the effectiveness of the remaining regulations is not affected.


  13. Right of quite
    The customer can withdraw in the context of the legal regulations from the contract only if the Brückner & Jarosch engineer company ltd. the obligation injury to represent has; in case of of lack it remains however with the legal conditions. The customer has itself in case of of lack and culpable obligation injuries within an appropriate period after request of To explain the Brückner & Jarosch engineer company ltd. whether it withdraws because of these from the contract or insists on the supply.

  14. Individual user programs
    The program definition for individual programs after its capacity and its employment been based on the systems analysis given according to the data of the buyer and forms the basis for programming. The program definition is to be confirmed by the buyer in writing. Following changes or extensions must be agreed upon likewise in writing.


  15. Delivery and acceptance
    Individually on the needs of the customer adapted hard or software it in principle in the context of a acceptance test one demonstrates and afterwards one hands over. The customer has to confirm the receipt (delivery and/or delivery) in writing. In all other cases the confirmation of the delivery and/or the delivery takes place in writing on the delivery note.


  16. Copyright
    In case of the sale or the production of software vacates the Brückner & Jarosch engineer company ltd. the customer a temporally unrestricted, not exclusive, i.e. not transferable right of use at the software. The right of use is limited to the following use actions in the context of the normal use:
    • The customer may install the software for each single license acquired by him on only one computer, i.e. equipment with only individual central processing unit (CCU)
    • If the software on a central computer (server) is installed, the job for several users is, must the customer for each individual job a license acquire.

    In case of of offences, in particular on third, the customer commits itself to the unauthorized passing on of the software to the payment of a contractual penalty at a value of the use value of the software and/or proceeds in case of normal acquisition in EUROS.


  17. Area of jurisdiction
    Area of jurisdiction is Erfurt, if the customer is full buyer, a legal entity of the public right or a public special estate. The validity of the uniform UN-Kaufrechts is impossible.