General Terms and Conditions

This is a non-professional English translation of the original General Terms and Conditions. The most recent version and the original wording can be found here: Allgemeine Geschäftsbedingungen

§1 Scope of application

(1.1) Deliveries and services as well as other legal transactions in all business dealings of Dr. Claudio Abels - Computer Engineering, Eurotec-Ring 15, 47445 Moers, Germany, hereinafter referred to simply as "DAQORE", are exclusively subject to the following General Terms and Conditions in the respective valid version and apply as part of the contract, unless otherwise agreed in writing in an individual agreement between DAQORE and the contractual partner or client.

(1.2) These General Terms and Conditions shall be deemed to have been accepted at the latest upon receipt of the goods or services. They shall also apply if they are no longer mentioned in subsequent contracts or services.

(1.3) Amendments and supplements to a contract must be made in writing.

(1.4) Offers from DAQORE are subject to change and non-binding and are subject to self-delivery by suppliers.

(1.5) DAQORE is entitled to withdraw from contracts if facts arise which show that the other contractual party is not creditworthy.

§2 Delivery and performance

(2.1) Drawings, illustrations, dimensions, weights or other performance data are only binding if this has been expressly agreed in writing. Reasonable technical and design deviations from information in brochures, catalogs and written documents as well as model, design and material changes in the course of technical progress and further development are reserved without any rights against DAQORE being derived from this.

(2.2) DAQORE expressly reserves the right to reasonable partial deliveries/partial services and their invoicing.

(2.3) Agreed delivery dates are deemed to have been met if the contractual product has been handed over to the carrier on the agreed delivery date. If the dispatch of goods ready for shipment is delayed for reasons for which DAQORE is not responsible, the contractual products may be stored at the expense and risk of the contractual partner.

(2.4) The delivery or performance date or the delivery or performance period The delivery or performance deadline, hereinafter referred to as "delivery date", is agreed according to DAQORE's expected performance capacity and is non-binding and subject to timely self-delivery and unforeseen circumstances and obstacles, irrespective of whether these occur at DAQORE or at the manufacturer, in particular force majeure, government measures, non-issuance of official permits, labor disputes of any kind, sabotage, shortage of raw materials, delayed material deliveries through no fault of DAQORE. Such events shall extend the delivery date accordingly, even if they occur during a delay that has already occurred. Any grace period set by the contractual partner in this case shall also be extended by the duration of the unforeseen event. If such events lead to a delay in performance of more than two months, the contractual partner may withdraw from the contract, irrespective of other rights of withdrawal.

(2.5) Six weeks after exceeding a non-binding delivery date, the contractual partner may request DAQORE in writing to deliver or perform. DAQORE is in default upon receipt of the request. In the event that the contractual partner is entitled to compensation for damages caused by delay, this is limited to a maximum of 5% of the agreed remuneration in the case of slight negligence on the part of DAQORE. If the contractual partner withdraws from the contract in addition to the assertion of claims for damages for delay or if he asserts claims for damages instead of performance, he must set DAQORE a reasonable deadline for delivery/performance after expiry of the aforementioned deadline of six weeks. However, DAQORE shall not be liable if the damage would also have occurred if the delivery deadline had been met. If a binding agreed delivery date is exceeded, a request by the contractual partner is not required in order to put DAQORE in default. The above provisions apply to the rights of the contractual partner.

(2.6) DAQORE reserves the right to withdraw from the contract if the delay in delivery/performance caused by one of the above-mentioned events lasts longer than six weeks and DAQORE is not responsible for this.

(2.7) The agreement on the postponement of delivery or performance dates must be made in writing.

(2.8) In the event of default of acceptance, DAQORE has the right, in addition to the claim for payment, either to determine a new delivery or performance date or to withdraw from the contract. In the event of non-acceptance DAQORE may claim damages in the amount of 15% of the contractual remuneration.

§3 Term and termination

If no other express written contractual provision is made regarding the use of services from DAQORE, the use of services is concluded for an indefinite period. The contract can be terminated by either party with a notice period of 6 months to the end of the year. The termination must be in writing.

§4 Inspection and transfer of risk

(4.1) Upon delivery, the contractual partner must check the goods immediately upon receipt for completeness and conformity according to the invoice. If no written complaint is received by DAQORE within six calendar days of receipt, the goods are deemed to have been delivered properly and completely, unless the defect is concealed. Returns of delivered goods without the prior written consent of DAQORE will not be accepted even if the goods are rejected. Transportation costs and risk shall be borne by the contractual partner.

(4.2) Insignificant defects that do not impair the functionality of the object of delivery or service do not entitle the contractual partner to refuse acceptance.

(4.3) The risk is transferred to the contractual partner upon handover of the contractual product to the carrier, its agent or other persons designated by DAQORE. Insofar as shipment is delayed or becomes impossible through no fault of DAQORE, the risk is transferred to the contractual partner upon notification of readiness for shipment.

§5 Prices and terms of payment

(5.1) The prices resulting from the respective prices or the individual offer are fixed prices ex Moers (Germany). VAT and other statutory charges in the country of delivery as well as packaging, transport costs, transport insurance, environmental and handling charges shall be charged separately.

(5.2) DAQORE reserves the right to increase the price appropriately if cost increases occur at DAQORE after conclusion of the contract, in particular due to price increases on the part of suppliers or exchange rate fluctuations. These will be proven upon request.

(5.3) Unless otherwise agreed in writing, all invoices are payable immediately upon receipt without deduction. Invoices shall be issued upon delivery/service.

(5.4) The contractual partner may only offset against claims of DAQORE with claims from counterclaims if these are undisputed or legally enforceable; a right of retention may only be asserted if it is based on claims from the contract from which DAQORE is entitled to the claim.

(5.5) Insofar as the other contractual party does not comply with the above terms of payment, DAQORE may at any time demand delivery/performance concurrently against cash payment, advance payment or provision of security. All outstanding claims, including those for which DAQORE has accepted bills of exchange or for which payment by installments has been agreed, are due immediately.

§6 Retention of title

(6.1) The contractual product remains the property of DAQORE until the fulfillment of all claims arising from the contract, in the event that the contractual partner is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until the settlement of the claims to which DAQORE is entitled in connection with the contract.

(6.2) In case of default of payment by the contractual partner, also from other and future deliveries/services of DAQORE, or in case of his financial collapse, DAQORE can withdraw from the contract and DAQORE is entitled, in case of the assertion of damages instead of performance, to enter the business premises of the contractual partner and to take back the reserved goods. In the event of compensation after repossession, DAQORE and the contractual partner agree that this will take place at the usual market value of the contractual object at the time of repossession. The contractual partner bears all costs of taking back and utilization; utilization costs are agreed without proof at 5% of the usual sales value, whereby an increase or reduction is possible upon proof by DAQORE or the contractual partner.

(6.3) The assertion of the retention of title or the seizure of the delivery item by DAQORE shall not be deemed a withdrawal from the contract if the contractual partner is a merchant.

(6.4) Items delivered for test and demonstration purposes remain the property of DAQORE. They may only be used by the contractual partner beyond the test and demonstration purpose on the basis of a separate written agreement with DAQORE.

§7 Warranty

(7.1) The parties are aware and agree that it is not possible to exclude software and hardware errors under all application conditions according to the state of the art.

(7.2) Subject to this provision, the contractual partner's claims shall expire in accordance with the statutory provisions two years after the transfer of risk in the case of a new object of purchase or one year after the transfer of risk in the case of a used object of purchase in accordance with the following conditions.

(7.2.1) DAQORE warrants that the contractual products are described in the product information in a generally accurate manner and are basically usable within this framework. However, the warranty claim only extends to the extent that the manufacturer of the goods recognizes this. An assurance of properties is only given if the respective information has been confirmed in writing by DAQORE.

(7.2.2) DAQORE cannot guarantee that the program functions meet the requirements of the contractual partner or that they work together in the selection made by the contractual partner.

(7.2.3) Excluded from the warranty are in particular defects or damages which are due to operational wear and tear, improper use, operating errors and negligent behavior of the customer, operation with the wrong type of current or voltage as well as connection to unsuitable power sources, fire, lightning, explosion or mains-related overvoltages, moisture of any kind, incorrect or faulty programs, software and/or processing data as well as any consumable parts, unless the contractual partner proves that these circumstances are not the cause of the defect complained about. The warranty is also void if the serial number, type designation or similar markings are removed or made illegible, as well as in the case of interventions in the goods during the warranty period by others than DAQORE or third parties authorized by DAQORE.

(7.2.4) Warranty claims are not transferable.

(7.2.5) Irrespective of the above, DAQORE passes on any further guarantee and warranty commitments of the manufacturer to the contractual partner in full, without being liable for them itself.

(7.2.6) The delivered goods or the result of the service rendered must be inspected immediately upon receipt. Complaints must be submitted to DAQORE in writing within six calendar days of receipt.

(7.2.7) In the event of a warranty claim, DAQORE may choose between repair or replacement delivery. The contractual partner is obliged to accept a replacement delivery against return of the defective goods. Replaced parts become the property of DAQORE. If DAQORE does not remedy defects within a reasonable grace period set in writing, the contractual partner is entitled to demand either the rescission of the contract or a reasonable reduction in price. Further claims are excluded. In particular, DAQORE is not liable for damages which have not occurred to the delivery item itself, for loss of profit or other financial losses of the contractual partner.

(7.2.8) In the event of rectification, DAQORE shall bear the labor costs. All other costs of rectification as well as the ancillary costs associated with a delivery, in particular the transportation costs for the replacement part, shall be borne by the contractual partner, insofar as these other costs are not disproportionate to the value.

(7.2.9) If the examination of a notice of defects shows that a warranty case does not exist, DAQORE is entitled to demand reimbursement of all expenses and to invoice them.

§8 Limitation of liability

If DAQORE is obliged to pay damages in accordance with the statutory provisions of these General Terms and Conditions, liability in the event that the damage was caused by slight negligence is limited as follows: DAQORE's liability is only given in the event of a breach of material contractual obligations and is limited to the typical damage foreseeable at the time of conclusion of the contract. The above limitation does not apply in the case of damage to life, body or health. If the damage is covered by an insurance policy taken out by the contractual partner, DAQORE shall only be liable for the disadvantages incurred by the contractual partner as a result of the settlement of the claim, such as higher insurance premiums or interest disadvantages. Liability is excluded for damage caused by slight negligence due to a defect in the subject matter of the contract. DAQORE's liability remains unaffected, irrespective of whether fault exists, in the event of fraudulent concealment of a defect, the assumption of a guarantee or in accordance with the Product Liability Act. The consequences of a delay in delivery are regulated conclusively in § 2 of these General Terms and Conditions. Excluded is the personal liability of the managing directors/owners of DAQORE, of vicarious agents and employees of DAQORE for damages caused by them due to slight negligence.

§9 Industrial property rights and copyrights of third parties

Software programs are provided in accordance with the license conditions of the respective licensor. The scope of services is determined by the licensor's license conditions as well as the service descriptions and other user information available in the corresponding user manuals. This also applies in particular to restrictions on use.

§10 Enticement of personnel

The Client undertakes not to entice away any personnel from DAQORE during the execution of the order and for a period of one year thereafter, irrespective of whether this occurs at the instigation of the employee or the Client.

§11 General provisions

(11.1) The Contractual Partner is not entitled to assign his claims from the contract without the prior written consent of DAQORE.

(11.2) The place of performance and exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship shall be Moers (Germany), insofar as this is compatible with the statutory provisions.

(11.3) The law of the Federal Republic of Germany shall apply.

(11.4) Order processing within DAQORE is carried out with the aid of automatic data processing. The Contractual Partner hereby grants DAQORE its express consent to the storage and processing of the data disclosed within the scope of contractual relationships and necessary for order processing in accordance with the statutory provisions on data protection.

(11.5) Should one or more provisions of these General Terms and Conditions be or become ineffective or should this contract text contain a loophole, the contracting parties shall replace or supplement the ineffective or incomplete provisions with appropriate effective provisions that correspond to the economic purpose of the intended provision. This shall not affect the validity of the remaining provisions.