General Terms & Service Sales
called Notebooks & Communication Dresden (Andreas Scholz)
below NKD
Stand: 01.01. 2009
§ 1 Scope and validity of the terms and conditions
first The following terms and conditions (AGB) are part of all contracts with NKD, Gamigstrasse 22 01 239 Dresden. All contracts and agreements are only legally binding if
they are confirmed by the contractor in writing and signed in accordance with company. Agreements that deviate from the topics listed, require the written form. These terms are accepted when ordering by the customer. Customers Terms and Conditions shall be binding on contracts with NKD only after an explicit
written acknowledgment by NKD. In the absence of such acknowledgment herewith the terms of the customer objected. All oral or telephonic agreements and collateral agreements become binding only after written confirmation also by NKD.
second The terms and conditions printed here are valid in the latest version for all current and future business with customers, unless expressly provided in writing by NKD differences were recognized. NKD may amend these Terms at any time, and such changes will immediately gain from the time the possibility to access valid. The customer is invited to these terms and conditions periodically to
read to learn to change these terms and conditions. The customer has stated that he had taken these terms and conditions in the current version and accepted. These terms are in their current form always be found on the website notebook service-dresden.blogspot.com .
third Of the above schemes remain unaffected individual agreements.
§ 2 and Liability - Services
first Basis for the service is signed by the customer
order form. In this the nature and scope of the Service may also set maximum costs. Alternatively, orders may be issued orally or by telephone or by e-mail.
second A special offer is made, then check it from the customers regarding the accuracy and completeness, and to affix his approval note. Permits may be granted orally or by telephone or e-mail.
third Services that go beyond the order form or in the offer defined benefits, can lead to separate deadline and price agreements.
4th Could in the course of troubleshooting no errors are found, or is a hardware problem is identified, the agreed cost of troubleshooting to be paid by the customer. This is also the case that a subsequent repair is not possible or not desired by the customer.
5th The backup of all data (including operating system and software) performed exclusively by the customer. NKD assumes no liability for any lost or modified as part of a service. Compensation for consequential damage and financial loss, not realized income, loss of interest and damages from third-party claims against the client in any case excluded.
§ 3 delivery, partial delivery, dates
first If non-compliance or delay a delivery due to force majeure, due to industrial action, fire, unforeseen obstacles or other NKD not be held responsible, the delivery period for the duration of these events is increased. This applies to the case that NKD is by occurrence of these events in late delivery.
second In the event of inability to deliver in accordance with Item 1 of more than a month, NKD, and the customer shall be entitled to withdraw regarding the overdue delivery of the contract. Failure to comply with the delivery for reasons other than those referred to in paragraph 1 above reasons, there is a right of withdrawal only
for the customer. For cancellation by the customer requires that he has written NKD set a reasonable grace period of at least 2 weeks with the threat of rejection.
third In commercial transactions NKD is entitled to make partial deliveries.
4th Dates are only binding if they NKD has agreed in writing.
5th Hardware and / or software is installed by NKD, NKD shows the customer proper operation immediately after you graduated from. This takes the power off immediately. On request, the customer must confirm acceptance in writing.
§ 4 Delivery, Transport, Risk
first With the handover to the carrier, the risk passes to the customer. This applies even if partial deliveries or has accepted NKD additional services such as transportation costs or delivery. The sale of consumer goods is excluded from this regulation.
second By passing to the transport company NKD is freed from his obligation. The transport of goods is at the risk and expense of the customer. The transport company is determined by the NKD any responsibility for the selection of the cheapest and fastest shipping.
third If the customer is in default of acceptance, NKD right to call for the damage suffered, with the customer to prove a smaller loss.
4th Transport insurance NKD is complete only upon special written
statement on behalf of the customer.
§ 5 Contract Price
first All offers by NKD are subject to change. A contract is concluded only after order confirmation or delivery by the NKD. The customer is - unless otherwise agreed - 21 calendar days from the purchase orders.
second All prices shall apply, unless expressly otherwise agreed, without a net in EURO VAT. Shipping charge additional costs to be those identified in the framework of the concrete bid separately. All services (installation, instruction, training or consulting)
be charged separately at cost. The hourly rates and travel and associated costs are based on the current price list of NKD.
§ 6 Right of Return, Consequences
first The consumer is in § 355 BGB to a right of withdrawal. The withdrawal period begins with the date on which the customer receives a clear instruction about his right to it makes it clear with the requirements of the means of communication used his right hand was placed on a
durable medium is. The period does not begin before the date of receipt of goods by the consumer. The cancellation period is two weeks. The cancellation requires no justification. Deadline is
to send the withdrawal is sufficient in text form to the address provided by NKD and return the goods to this address. A right does not apply to contracts the supply of goods, which are made to customer specifications, or contracts for the delivery of audio and video recordings or software if the delivered data carriers have been unsealed by the consumer.
second The customer has to bear the cost of the return.
third The consumer has to pay for a purpose by the use of the product resulting deterioration compensation, unless the deterioration is due exclusively to the examination of the goods - such as the consumer in a shop would have been possible - is due. In the context of preventing deterioration of the product as intended putting into use, we recommend the installation of individual components in computer systems by authorized personnel only let
. In addition, you can avoid the compensation by not using the goods as an owner in use and anything that could reduce its value.
4th To the detailed information about prerequisites and consequences of withdrawal, we point out explicitly.
§ 7 Warranty, obligations
first NKD guaranteed under the following provisions, for the duration of the statutory warranty that goods and services are free of defects warranty in the legal sense.
second Obvious defects must be at least 14 days after receipt of delivery in writing. In commercial business transactions, it is necessary that the commercial customer for its § § 377, 378 HGB specific inspection and complaint is properly fulfilled.
third Not covered by the warranty are defects and damage are causally related to the fact that the customer has not complied with the regulations concerning installation, hardware and software environment, use and application conditions, unless the customer proves that these circumstances do not are the cause of the defects.
4th As far as a lack of supply or service available, the customer may request, at its option repair or replacement. It is the purpose of prevention of data loss or errors in repair of the goods recommended the implementation of regular data backups, because the interface is suitable for such consequential damages. This disclaimer does not apply to intent and gross negligence. for NKD If the defect or replacement (subsequent performance) is only possible with disproportionate costs, the claims of the customer are limited to the other type of remedy. If subsequent performance fails twice, then the customer is entitled to choose to cancel the contract to make (change) or to request a reduction of the remuneration (reduction) and damages.
5th For items which are identified as second-hand goods, granted NKD no warranty.
6th To ensure a quick processing should return the item for a copy of your invoice / delivery note and a detailed letter explaining the error.
7th The customer should properly in this context, the defective products
, return it if possible in original packaging NKD. For may due to incorrect packing by the customer caused damage, liability can not be accepted.
8th The settlement of unauthorized warranties and / or warranty claims if they are to intent or gross negligence, is subject to an additional charge to us by the expenses incurred. NKD reserves the right to transfers of costs inclusive of their suppliers before in
these cases.
9th Devices that were not purchased from NKD will unrepaired under
additional charge of us returned thereby incurred.
10th Repairs outside the warranty period must be purchased.
§ 8 Retention of title
1. NKD reserves the ownership of goods until payment in full.
second The customer shall, in respect of the goods to him any claims and compensation demands (eg, tort, insurance claims) from now up to the invoice value of the goods at NKD.
third Which is owned by NKD standing reservation to insure the goods in the commercial business for the duration of retention of title against fire, flood, theft and burglary. The Rights under this insurance
be assigned to NKD, with the latter accepts the assignment.
4th NKD reserves in commercial transactions, the ownership of the goods until all payments from the business relationship with the buyer. It is in the course of the current account of title also covers the recognized balance, if due from the buyer under
the current account are posted.
5th The customer is entitled to sell, pledge, transfer, lease or transfer of the goods abroad only entitled to
prior written consent of NKD.
6th If the purchased item with other items not owned by NKD title are separated, or mixed, NKD acquires ownership of the new object in proportion to the value of the purchased item to the other connected or mixed items at the time of the compound or mixture.
7th If third parties access to the retained goods, the customer must have the property of NKD and to notify immediately in writing.
§ 9 Payment, late payment
first The purchase price or the fee is due immediately, unless otherwise agreed.
second Payments have to cost and expenses paid to the specified on the invoice
bank accounts of NKD be made or paid in cash.
third The customer will automatically be in default if payment is not paid within 10 days after receipt. NKD is entitled, as damages caused by delay to charge interest at 5% above base rate, or in legal transactions, in which a consumer is not involved in the rate of 8% above base rate
. The assertion of NKD incurred higher damages remains unaffected. The customer is entitled to prove that NKD is none or a slight loss.
4th Claims arising from NKD's claims, the customer only with undisputed or legally established claims.
5th In commercial transactions, is a lien and a
right to refuse payment of the buyer, except uncontested or legally established counterclaims are excluded.
§ 10 Liability and Limitation of Liability
first For the breach of contractual obligations is liable cardinal (main) NKD for damage caused. Moreover, liability exists only for gross negligence. The compensation for indirect damages (consequential damages, including lost profits, loss of work) is excluded.
second If and to the extent that the liability of NKD, this also applies to the personal liability of employees, workers and employees of NKD.
§ 11 Place, Jurisdiction
first For all claims from the contract between the customer and NKD
existing contract performance is the seat of NKD.
second As far as the customer is a merchant according to the Commercial Code, legal entity under public law or public special assets, Dresden is the exclusive venue for all disputes arising from the contract directly and indirectly arising disputes.
§ 12 Industrial property rights and copyrights of third parties
first For delivery of software and literature are on this
conditions, the special licensing and other conditions of the manufacturer. By accepting the validity of such goods are specifically recognized.
second NKD is not responsible for the lack of software licenses from
customers.
§ 13 Applicable law, data protection, efficiency
first The laws of the Federal Republic of Germany, whereby the validity of the international trade law (UNCITRAL Convention) excluded.
second NKD is entitled to their store from the buyer's data electronically and to process. A deletion of the data requires the written form. NKD is then entitled to customer data, resulting from the contract documents or necessary to the performance of the contract, to third parties, especially to banks and contractors, where this is required in order processing. The current provisions of data protection are respected by NKD .
third Customer-specific data, the NKD or one of your employees are known to be kept confidential and not disclosed to third parties.
4th If one or more provisions are invalid, this shall not affect the validity of the remaining provisions shall not
