Terms & Conditions
Status: October 2006
§ 1 Scope of application
1. The deliveries, services and offers of STS TECOM are subject to these terms and conditions. They also apply to all future business relations, even if they are not expressly agreed again. At the latest with the acceptance of the goods or services, these terms are accepted. Terms and conditions of the buyer, in particular conditions shall not be hereby rejected, i.e. they will also not be recognized if we do not expressly object to them after receipt.
2. Deviations from these terms and conditions are only valid if confirmed by us in writing.
§ 2 Offer and conclusion of contract
1. Deals of the STS TECOM are not-binding and without obligation. Declaration of acceptance and all orders require our written or telex confirmation. The same applies to supplements, amendments or additional agreements. In case of immediate delivery, the written confirmation may also be replaced by invoice.
2. Drawings, illustrations, dimensions, weights and other performance data are only to be understood as approximate values and, in particular no assurance of properties, unless they are expressly designated as binding in writing.
3. The sales staff of STS TECOM are not authorized to make verbal agreements or to give verbal assurances that go beyond the content of the written contract .
4. The excess of a buyer by his call their credit limit , so we are released from our delivery obligation .
§ 3 Prices
1. Unless indicated otherwise, is STS TECOM is bound to the prices in their bids for 30 days from their date. Decisive are quoted in our order confirmation. Additional deliveries and services are charged separately.
2. The prices are, unless otherwise agreed, plus packaging, transportation, cargo insurance, plus valid on the day of delivery VAT ex works Aachen or direct shipping from the German border or German port of entry.
§ 4 Delivery and Performance
1. Dates and delivery times are not binding unless expressly agreed otherwise in writing. The indication of certain periods and delivery by STS TECOM is subject to the correct and timely delivery of STS TECOM by suppliers and manufacturers.
2. Complicate delivery and performance delays due to force majeure and other unforeseeable events, the STS TECOM the delivery or make it impossible, and not the responsibility of STS TECOM are (this includes in particular war, warlike events, official orders, refusal of training, one or transit permits, national measures restricting trade, strikes, lockouts and other malfunctions of any kind, traffic congestion, whether these occur on STS TECOM, enter its suppliers or their subcontractors shall entitle STS TECOM the delivery or performance by the duration of obstruction plus a reasonable start-up period or have not yet fulfilled the contract - to withdraw all or part of the delivery period is also extended by the period to which the buyer is even with the performance of its contractual obligations in default.
3. If the hindrance lasts longer than 3 months, the buyer after a reasonable grace period (at least 14 days) shall be entitled to cancel the contract - to withdraw if not yet fulfilled - in whole or in part. Extended pursuant to paragraph 2, the delivery time or STS TECOM released from its obligations, the buyer shall have no claim for damages. In the circumstances mentioned STS TECOM can only claim if the buyer was notified immediately.
4. If STS TECOM is responsible for the non-compliance with agreed deadlines and dates and is in default, the purchaser is entitled to a compensation for the delay amounting to ¼% for each full week of delay, but by a maximum of up to 5% of the invoice value of the delay affected goods and services. Additional claims are excluded, unless the delay is at least gross negligence by the STS TECOM .
5. STS TECOM is entitled to make partial deliveries and partial services. In delivery contracts, each partial delivery and partial performance shall be deemed independent performance.
§ 5 Default of Acceptance
1. For the duration of the delay in acceptance of the buyer STS TECOM is entitled to store the goods delivered at the risk and expense of the purchaser. STS TECOM may submit also operate a shipping company or a stock holder.
2. During the period of delay in acceptance, the buyer has to STS TECOM as a replacement of the storage costs incurred without further proof per month flat rate of 1% of the purchase price, but not more than 25€ to pay. In of higher storage costs STS TECOM may require the replacement of these costs against proof of the buyer.
3. If the buyer refuses or declared not to want to accept the goods acceptance of the delivered goods after the expiry of an extension period, STS TECOM may refuse to honor the contract and claim damages for non-performance. STS TECOM is entitled to demand a lump sum as damages selectively either 25% of the agreed purchase price, or the use of effective damage by the buyer.
§ 6 Delivery Quantity
Visible differences in quantity must immediately upon receipt of the merchandise, concealed differences in quantity within 4 days of receipt of the goods STS TECOM and the carrier be notified in writing. Acquisition of the goods by the carrier or deemed to constitute proof for quantity, perfect packing and loading.
§ 7 Passing
The risk passes to the buyer once the shipment has been handed over to the transport over leading person or has the purpose of dispatch to leave the camp of the STS TECOM. If the shipment is delayed through no fault or is impossible, the danger with the notification of readiness for shipment to the buyer. An agreed in each individual case assumption of transportation costs by STS TECOM has no effect on the transfer of risk.
§ 8 Warranty
1. STS TECOM ensures that the products are free from manufacturing and material defects. The warranty is subject to the following provisions is 6 months.
2. The warranty period starts from the delivery date. If our operating or maintenance instructions are not followed, changes in the products, replacement parts or supplies used that do not meet the original specifications , any warranty if the defect is due to this. This also applies if the defect is improper use, storage and handling of the equipment or external intervention and the open is due of devices. Minor deviations in color, dimensions and / or other quality and performance characteristics of the goods do not trigger any warranty rights .
3. The buyer has to us the defects immediately, but at the latest within one week after receipt of the delivery item. Defects that can not be detected by a thorough examination within this period must be reported to us immediately after discovery.
4. In the case of a notification by the buyer that the products do not meet the warranty, we require that the defective part or unit and a detailed fault description indicating the model and serial number and a copy of the invoice to which the equipment has been delivered to the STS TECOM service Department, 52080 Aachen, sent in for repair or if it is delivered. The devices must arrive free and are delivered by our freedom again, unless that transport costs are on value of contract disproportionate. By the replacement of parts, assemblies or complete equipment shall no new warranty periods in force.
The warranty is limited solely to the repair or replacement of the damaged delivery items. The buyer has to pay when sending the equipment for repair to it that are backed up by copies located on these data, which are essential to him, as these may be lost during repair procedures.
5. Should the repair reasonable period of time, the buyer may demand either a reduction in payment or cancellation of the contract.
6. Liability for normal wear and tear is excluded. Warranty claims also exist for semiconductors, wear parts such as print heads, ribbons, daisy wheels, toner and other consumable materials.
7. The warranty shall also, if serial numbers, type, manufacturer name, which can be applied without a warranty or other identifiers from STS TECOM or made illegible.
8. Warranty claims against STS TECOM available only to the immediate purchaser and are not transferable.
9. The above paragraphs contain the entire warranty for products and other warranty claims of any kind, unless intent or gross negligence on the part of STS TECOM.
§ 9 Retention of Title
1. Until all claims that STS TECOM for any legal reason against the buyer now or in the future, STS TECOM are the buyer granted the following securities, the STS TECOM will release on demand of the buyer 's option, as far as their value exceeds the claims by more than 20% .
2. The goods remain the property of the STS TECOM (reserved goods). Any working or processing is always performed for STS TECOM as a producer within the meaning of § 950 BGB without committing. In case of processing or combination of the reserved goods with other goods, basically creates a new item and that when processed in proportion to the value of the reserved goods to the value of the other goods. Should the buyer be the sole owner, he admits to us now, in proportion of these values and store the goods free of charge for us. If the goods caused by processing or combining resold, the following agreed advance assignment shall only apply to the value of the goods.
3. 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 for security reasons now in full to us. We authorize him irrevocably to collect the claims assigned to us for his account in his own name. The authorization can only be revoked if the buyer does not meet his payment obligations properly.
4. If third parties to the reserved goods, the purchaser will refer to the property of STS TECOM and notify them immediately.
5. If the buyer is in default or fails to fulfill other essential contractual obligations are not culpable, STS TECOM is entitled to take back the reserved goods, or, if necessary, to demand assignment of the claims of the buyer against third parties. In the withdrawal as well as the seizure of the goods does not constitute withdrawal from the contract, unless the installment law applies.
§ 10 Payment
1. Invoices are payable as per agreement by cash in advance, cash on delivery, personal check , cash - euro check or with collection, unless otherwise agreed. Delivery is generally not free, that is, charged to the buyer by parcel service, carrier or private vehicle, unless expressly agreed otherwise. Goods can be insured for a small fee, by mail (eg value package) against damage in transit .
2. STS TECOM is entitled, notwithstanding any contrary provisions of the buyer, to offset payments against older debts. Costs and interest have already been incurred, we are entitled to use the payment first to the costs, then the interest and finally against the main performance. The buyer is required to notify.
3. A payment shall be deemed made when we can dispose of the amount. Checks are accepted only and shall only be encashed as payment.
4. If the buyer is in arrears, we are entitled to charge from the relevant date interest at the rate of 2% above the Bundesbank discount rate. They are to be set lower if the buyer can prove a lower load.
5. All receivables are due immediately if the buyer defaults on payment, other essential obligations under the contract culpably fails to comply or if we become aware of circumstances which are likely to reduce the creditworthiness of the customer, in particular payments, pending a settlement or bankruptcy proceedings. In these cases we are entitled, nor withhold any outstanding deliveries or to execute only against advance payment or collateral.
6. The buyer is only entitled to offset or exercise a right of retention if the counterclaims have been legally established or are undisputed.
§ 11 Prohibition of Assignment
The assignment of claims against us to third parties, unless we have expressly agreed to the assignment. If it is not according to generally unassignable claims. § 8 para. 7 of these Terms and Conditions ( warranty claims) is that consent is to be granted if the buyer prove essential interests outweigh our interests in maintaining the assignment prohibition.
§ 12 Limitation of Liability
Compensation claims from impossibility of performance, positive breach of contract, culpa in the contract and in tort, are excluded both against us and against our vicarious agents, unless there is intent or gross negligence.
§ 13 Copyright
As far as software is included with this the buyer is left alone to the unique resale, i.e. he can copy them neither, nor left for others to use. A multiple right of use shall require a special written agreement. If you breach this agreement, the buyer assumes full liability for the resulting damage.
The buyer is obliged to indefinitely maintain all of him in connection with the supply of STS TECOM made accessible to information, which is due to other circumstances clearly as business or trade secrets of STS TECOM recognizable and must be kept confidential secret and - unless this is necessary to achieve the purpose of the contract - neither record or divulge to third parties or exploit in any way.
§ 15 Data Protection
The STS TECOM is entitled to process with respect to the business or condition associated with these data obtained about the buyer, regardless of whether they come from the buyer or by third parties in accordance with the Federal Data Protection Act.
§ 16 Export
The re-exported from the Federal Republic of Germany is subject to German and U.S. regulations and is not allowed without an official permit. From the United States purchased goods bearing "ECCN " (Export Control Commodity Number) 1565 (A) MT. The export our goods to non-EU countries without our prior written consent, regardless of the fact that the buyer has to responsible for obtaining any official import and export permits. The buyer is responsible for compliance with applicable regulations to the end user.
§ 17 Averted Right
1. For the terms and conditions and the entire legal relationship between STS TECOM and the buyer the right of the Federal Republic of Germany.
2. If the buyer is a merchant according to the Commercial Code, legal entity under public law or public law special fund, Aachen is the exclusive place of jurisdiction for all disputes arising from the contractual relationship, directly or indirectly arising disputes.
3. Should one or more provisions of these General Terms and Conditions be or become invalid or contain a loophole , then the Contracting Parties undertake negotiations with the aim of enter to replace the invalid or incomplete provision by an appropriate individual agreement or supplement to the economic purpose of the intended scheme corresponds to a large extent. The validity of the remaining provisions shall remain unaffected.
News / Aktuell
STS-TECOM GmbH builds new office and production facilities in cross-border business park
STS-TECOM - Data Centers in Containers