signing a contract or placing an order, the purchaser agrees to the terms and
conditions as outlined in the following paragraphs. Possible contrary
business conditions of the purchaser are expressly excluded. By accepting the
goods from Janich&Klass Computertechnik GmbH, the purchaser waives all
contrary business conditions and agrees to accept the following conditions.
§2. If delivery of our goods cannot be executed as agreed upon
due to internal difficulties in receiving materials from our suppliers,
production difficulties beyond our control, and it is proven that there is no
gross negligence on our part, we have the right to terminate the contract. If
for any other reasons we are unable to meet our delivery obligations, the
purchaser has the right to apply for a four-week extension period and may then
terminate the contract. All other claims by the purchaser in case of
non-delivery or untimely delivery are excluded. Delivery commences at the
mailing date of the order confirmation and is deemed valid if the goods are
shipped within the delivery time or when the possibility of shipment has been
reported to the purchaser. The mutually agreed upon delivery date is extended
in such time as the purchaser is negligent in meeting his obligations to this or
any other contract time table. We reserve all rights in view of other defaults
by the purchaser.
§3. The purchaser assumes all responsibilities once the goods
have left our premises.
We insure all our goods adequately, covering risks pertaining to shipping.
Packaging, shipping and insurance costs incurred by us will be rebelled back to
§4. Payment of
invoices is by our choice and may be either by COD, or a discount of 2%
applicable if payments are made within ten days of date of invoice, or net 30
days after date of invoice. Partial shipments and partial invoices are
permitted. For shipments to foreign countries, the valid currency is EUR. In
case of non-payment we charge the purchaser 1% default interest for each
commenced month. Bills of exchange, credit cards or checks are acceptable as
payment. Payments received are credited first to outstanding accounts from
previous shipments, even though the payment was intended for a specific
shipment. Should the purchaser be in arrears with payment due to adverse
circumstances or it is known that his credit rating is low; we have the right,
according to the contract, to ship the goods only by means of COD or
advance-payment by the purchaser.
shipment of goods remains our property until such time as the purchaser has met
all present and future obligations arising out of the business relation with
Janich & Klass Computertechnik GmbH, particularly any current account
balances. The re-sale of our goods by the purchaser is only permitted under normal
business conditions. The purchaser may not in any form, e.g. pawn the goods or
transfer the title of the goods for the purpose of securing his depts. The
purchaser must meet all obligations towards us from any amounts received from
the re-sale including all other secondary costs, which may arise out of such
business transactions. If our goods are used or combined with other goods and
equipment, the purchaser must transfer such property rights to us and must
maintain accurate business records of such activities for us.
In case of
non-payment, the purchaser is obligated to make available to us the name and
address of the third party acquiring the goods and he must also inform the
third party of such ownership rights. If non-payment occurs, we have the
right to demand the return of the goods, whereby the purchaser is held
responsible for all costs incurred pertaining to the transport of the goods to
our premises. The purchase is under obligation to inform us immediately of any
demand by creditors who may have a lien on the goods and other infringements
which pertain to the property of the purchaser.
Immediately upon receipt, the goods must be inspected by the purchaser. The
shipment is considered as accepted if the purchaser does not inform us in
writing within 14 days after the goods have reached the purchaser of any
defects. If there are substantiated defects, we will exchange the defective
parts with new parts, or we may, at our expense, re-work these defective parts.
If the re-work or the exchange is deemed not satisfactory to the purchaser, he
has the right to chase the corrective action to be taken. The purchaser may
hold back payments to the amount as deemed reasonable to correct the
deficiencies. All warranty claims expire 6 months after the delivery date. Our
warranty obligations also expire if the purchaser does not inform us
immediately of any defects or faults, or if the purchaser should tamper with
the equipment. Our liabilities are always limited to the monetary value of the
individual parts. Additional liabilities, especially for consequential damages,
are expressly excluded. We are not to be held responsible for the utilization
of our equipment for specific purposes.
also even if we have given the purchaser any advice on the application of the
§7. Judicial district and court of law is Wuppertal. German law
also applies for shipments into foreign countries. The currently valid price
list always considered as basis for any claims.
§8. We retain the right for technical changes and improvements
to our equipment, accessories, materials and software and may thereby deviate
from our offers and brochures
§9. The purchase of our software gives the purchaser the right
to solely use it, and it may be incorporated into only one computer system.
Third parties may not have access to this software. Changes made to our
software by the purchaser are only allowed with the expressed permission of
Janich & Klass Computertechnik GmbH. We are not held responsible for
error-free performance of the software or for the accuracy of the data
contained therein. We are also not to be held responsible if the program does
not meet the express requirements of the purchaser.
invalidity of certain conditions within these terms and conditions does not
infringe on the validity of the remaining conditions.