These terms and conditions do not affect your statutory rights
Scope of Leadsatz GmbH General Terms and Conditions
These general terms and conditions of doing business and terms and conditions for delivery apply to all of the products, deliveries and services listed at this online site. We hereby expressly declare that the client's general terms and conditions shall not apply as provisions of the contract, even if the Company does not expressly oppose them. In the event that the client does not wish to accept the validity of the following terms and conditions of doing business and terms and conditions of delivery, it must give the Company prior notice thereof, in writing.
Payment Terms and Prices
Delivery and Shipment
All offers are subject to confirmation. Deliveries shall be made only until the supplies run out. Unless a binding delivery date is expressly agreed in writing, all delivery dates indicated by the Company shall be non-binding delivery dates. If the Buyer demands changes or amendments to the order after the order has been issued or if other circumstances arise that make it impossible for the Company to comply with the delivery date, even though the Company is not responsible for these circumstances, the delivery date shall be postponed by a reasonable period of time. If the Company is prevented from satisfying its obligations under the contract on time, e.g. due to disruptions in procurement, manufacturing or delivery faced by the Company or by its supplier, the general legal principles shall apply, provided that, once one month has lapsed, the client can fix a grace period of six weeks. If it can be demonstrated that noncompliance with a binding delivery date is attributable to mobilization, war, insurrection or lockout or to other circumstances for which the Company is not responsible under general legal principles, the delivery deadline shall be extended by a reasonable period of time. The client may withdraw from the contract if it fixes a reasonable grace period for the Company after the extended time limit has lapsed. Notification of the withdrawal must be made in writing if the Company does not satisfy its obligations within the grace period. If it becomes wholly or partially impossible for the Company to satisfy its obligations under the contract for the reasons enumerated above, it shall be released from its delivery obligation.
The client shall pay for shipping and insurance costs, while the Company shall be entitled to choose the mode and route of shipment, at its discretion. The client shall be obliged to inspect the goods immediately after receiving them and to report any noticeable transport damages and any damage to the packaging to the Company in writing, without delay. The same shall apply to hidden damages. If the client's failure to satisfy this obligation causes the Company to forfeit its claims against the insurance company or subcontractor, the client shall be liable for all costs resulting from this breach of obligation. The risk shall transfer to the client as soon as the goods leave the Company's factory or warehouse.
Retention of Title
The goods delivered shall remain the property of the Company until full payment has been made for all receivables claims for principal and costs arising from the business relationship with the client. The client shall be obliged to obtain proper insurance coverage for the items on which the Company retains title (i.e., theft, fire, water and low-voltage insurance) and to provide proof of such coverage to the Company, upon demand. In the event of a loss or damage, the client's insurance claim shall be assigned to the Company. The client shall not be authorized to dispose of the items on which the Company retains title. In the event of pledges or seizures, the client must notify the Company in writing, without delay, and must inform third parties about the Company's retention of title in a suitable format, without delay. In the event that the client should, nevertheless, sell the delivery items and the Company should consent to this, the client has already assigned to the Company any and all claims against its customers by signing this contract. The client shall be obliged to provide the Company with all of the information required to enforce these rights and to cooperate, as required.
Limitations of liability
In accordance with statutory provisions, the Company shall be liable in the event of criminal intent or gross negligence. The Company shall be liable for ordinary negligence only if it infringes a major contractual obligation (cardinal obligation) or in the case of default or impossibility of performance. In the event of ordinary negligence, liability shall be limited to those damages that are foreseeable or typical. Liability for failure to provide guaranteed features, for malice, for personal injuries, and for defects in title under the Produkthaftungsgesetz (German Product Liability Law) and the Bundesdatenschutzgesetz (German Federal Data Protection Law) shall remain unaffected. In the event a guarantee or liability claim is lodged against the Company, the proportionate contributory fault of the client must be considered, particularly where reports of malfunctions were inadequate or steps taken to secure data were insufficient. In particular, steps taken to secure data were not adequate if the client has failed to make the appropriate, state-of-the-art safeguard provisions against outside exposure, especially against computer viruses and other phenomena that can jeopardize individual data items or an entire data set.
The Company guarantees that the goods shall be free from defects that would nullify or reduce their value or suitability for regular use or use as presumed in the contract. The Guarantee Period shall cover 24 months and shall begin on the delivery date. The guarantee shall not extend to remedying defects caused by normal wear and tear, outside influences or operating errors. The guarantee shall be invalidated if the client, either by itself or through third parties, makes changes to devices, components or auxiliary equipment without the Company's approval, unless the client provides complete evidence that the defects in question were neither wholly nor partially caused by such changes and that the changes will not make it more difficult to remedy the defects. If the notice of defect(s) is justified, the client shall set a reasonable time period for the Company to provide a remedy. The client shall notify the Company what type of remedy it prefers improvement of the delivered item or delivery of a new item that has no defects. However, the Company shall have the right to refuse to provide the chosen remedy, if such remedy can be performed only at disproportionate cost to the Company and if the other type of remedy would not entail any substantial adverse impact on the client. Moreover, the Company may refuse the remedy altogether if it can be performed only at excessive cost to the client. The Company shall have the right to make two attempts to remedy the defects within the period set by the client. After two failed attempts by the Company to remedy the defects, the client may withdraw from the contract or reduce the price paid. The right to withdrawal or reduction may be exercised right after the first unsuccessful remedy attempt, if it is not reasonable to expect the client to wait for a second attempt within the fixed period. If the Company refuses to provide a remedy based on the preconditions listed above, the client shall be entitled to an immediate reduction or withdrawal. Withdrawal on account of a trivial defect shall be barred. If a defect arises in connection with an incorrect or non-updated driver, the client shall grant the Company the right to deliver a functional driver within 10 days from the date the Company was notified thereof. If the client has made a claim against the Company under the guarantee and it turns out that either there is no defect or that the defect asserted does not trigger any guarantee obligation by the Company, the client must reimburse the Company for any and all expenses incurred by the Company, to the extent that it is responsible for making a claim against the Company based on gross negligence or criminal intent.