General Provisions
GEDAT Datentechnik GmbH (hereafter referred to as "GEDAT”) shall render all deliveries and services exclusively on the basis of these terms and conditions. These present conditions will also apply to future transactions unless GEDAT has informed the customer in writing that certain stipulations have been amended. These standard terms and conditions shall also apply even if GEDAT does not expressly object to a customer’s conflicting or deviating terms and conditions. Deviations from these conditions are only valid if they have been confirmed in writing in advance.
Offer Conditions/ Order Confirmation
Pictures and information in the online shops, catalogues, prospectuses and offers are generally not binding if they have not been expressly declared in writing to be binding in the individual case. Binding in terms of content / condition and scope of the delivery or service is the written order confirmation from GEDAT or if such confirmation is not issued, the order of the customer. An order will be accepted by GEDAT by either written order confirmation or realisation of the order. Because of the technical progress GEDAT reserves the right to deliver goods with a deviating product description at the same price if they correspond to or exceed the order performance data and properties. In such a case GEDAT will inform the customer before shipping the goods, if the customer disagrees, they may withdraw from the contract.
Prices
All prices are quoted net in EURO “ex-stock” Hohenstein-Ernstthal, but do not include packing costs, freight costs and any other incidental expenses (e.g. installation costs) and the respective applicable value added tax. However, prices in our internet shops and on our enduser pricelists include value added tax and are correspondingly marked.
Delivery Dates
Delivery dates shall be binding only if they have been confirmed as binding in writing in a specific case by GEDAT. In the event of a delay in delivery, the buyer can set a reasonable extension period and if this lapses without successful delivery, they may withdraw from the contract. Any claims for damages on the part of the customer will only be accepted if the default is based on gross negligence or wilful conduct.
Conditions of Payment
All payments from end customers shall be due and payable without any deduction within 10 days after the date of invoice (creditworthyness required).
Payments from IT resellers shall be payable without any deduction within 14 days after the date of invoice (creditworthyness required). GEDAT needs a copy of the business registration or an extract from the commercial register to classify a contracting party as reseller.
Based on solvency and sales volume of the customer deviations from the above rules can be agreed on. In case of insufficient solvency GEDAT may demand payment in cash or payment in advance. If a customer fails to meet the terms of payment or if GEDAT has reasonable doubts concerning the customer’s creditworthiness, GEDAT may request cash or advance payment or may retain goods not yet supplied or confiscate (at the customer's cost) supplies not yet paid for, and also stop working on all open orders. If GEDAT accepted payment by cheque, payment will be considered made as soon as the cheque has been cashed in. The customer has to cover any fees arising due to reverse booking of payments caused of insufficient funds of the customer or incorrect bank date provided by the customer. In the event of default, GEDAT may also claim interest of 5 % annually above the base interest rate as per Discount Rate Transition Act. The customer may set off only those claims that are undisputed by GEDAT or against which no legal recourse is possible. The retention of payments by the customer for counterclaims resulting from unrelated contracts shall be excluded. If the customer fails to accept delivery, GEDAT may withdraw from the contract, after having unsuccessfully granted the customer a reasonable period of grace, or claim damages.
Retention of title
The delivered goods shall remain the property of GEDAT until the complete payment of the purchase price has been effected and all previous as well as future claims arising from the business relationship have been satisfied. The customer, however, may sell on the goods subject to retention of title in the normal course of business. Already with the purchase of the goods that are subject to retention of title the customer assigns to GEDAT the receivables from the resale of those goods. If items delivered by GEDAT have been processed or altered, this shall be carried out on behalf of GEDAT. We shall acquire coownership of the new product in proportion of the value of the goods subject to retention of title to the other included material at the time of production. The customer undertakes to hold the goods that are subject to retention of title in safekeeping and to insure them at customer's expense for GEDAT. Goods subject to retention of title must not be pledged or transferred as security. In the event of third parties taking hold of goods delivered under retention of title the purchaser shall undertake to point out GEDAT’s ownership and inform GEDAT immediately in writing. Any costs incurred for any third party interference proceedings or out-of-court release shall be borne by the customer. If the customer fails to meet his payment obligations by more than 14 days, GEDAT shall be entitled to require the surrender of the supplied goods subject to retention of title or to take them back into possession from a third party at the expense of the customer. In this case GEDAT shall only be under an obligation to deliver good s ordered if the buyer has made all the agreed payments. GEDAT’s right to claim damages shall remain unaffected. If the value of the collateral existing for GEDAT exceeds not only temporarily all of it receivables by more than 10%, then GEDAT shall, at the request of the customer, release collateral at GEDAT’s discretion.
Right of Revocation
The right of revocation is reserved exclusively for consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. As a consumer, you have the right to withdraw from contracts within 14 days without standing any reason. This period starts the day you or a third party named by you which is not the carrier received the goods. To exercise your right of withdrawal, you must unequivocally inform us.
The following options are available for this:
By mail: GEDAT Datentechnik GmbH, Antonstraße 3, D-09337 Hohenstein-Ernstthal
By phone: +49 3723 66780
By fax: +493723 667879
By email: rma@gedat.com
In our shop: http://www.gedat.com/Widerruf/widerruf_en.php
If you use the withdrawal form, we confirm receipt of it immediately (by email). It is not enough to just send the goods back.
In order to maintain the right of revocation it is sufficent to send the declaration of withdrawal before the cooling off period (14 days) expires.
Consequences of Revocation
After you withdraw from the contract, we have to refund all payments we received including any shipping charges made while purchasing the goods (but not additional delivery costs for specifically requested non-standard delivery) within 14 days from receipt of your withdrawal notification. The refund will be made, if possible, by the same payment method you used while purchasing the goods except where something else was explicitly agreed on. You will not be charged any fees for the repayment. We retain the right to delay refunding until we have either received the goods sent back by you or evidence that you have sent them back.
You have to send the goods back immediately, at the latest within14 days after withdrawing from the contract. The deadline is complyed with if you post the goods within the 14 days period. The costs of returning the goods are at your expense. Potential deterioration must be paid for only if it is attributable to non-proper handling while examinating constitution, properties and functionality of the goods.
Return of Goods
The whole of this clause is only applicable to commercial customers who conclude legal transactions within the scope of their commercial or independent professional business. In general there is no obligation for GEDAT to take back sold goods unless the customer’s request the revocation is due to faulty action on the part of GEDAT, e.g. wrong delivery, warranty claim. Supplied articles may also be returned if the possibility has been agreed in writing in advance. If GEDAT declares, however, its willingness to take back unused goods, the customer shall regularly pay the fee charged by our supplier, at least 10% of the value of the goods as a flat-expense charge. If in an individual case GEDAT waives such a flat-expense charge, this shall not establish a legal claim for future business transactions.
Delivery and Passing of Risk
Delivery is made at the purchaser’s cost. Shipping costs depend on the type of shipment, payment type, weight and destination of the package or must be agreed separately. They can be found in our current price lists, offers or in the respective order confirmation. If not all products ordered products in stock, GEDAT will normally ship the available articles immediately, the missing articles will be send out without extra delivery costs as soon as they are available. In the event of partial delivery at the special request of the customer we shall reserve the right to charge shipping costs for each partial delivery. Costs related to cash on delivery shall be paid for every delivery. Packing materials shall become the property of the contractual partner, their costs will be included in GEDAT’s shipping costs. Products picked up at GEDAT’s premises shall be considered EXW. In case of delivers to destination named by the customer all risk shall pass to the customer upon signing the receipt. In case of obvious damage in transit the customer may either declare to the deliverer the unwillingness to accept the delivered goods or immediately write out a complaint about the damage in the presence of the deliverer. In case of hidden faults (also quantitative deficits) found after signing the receipt GEDAT has to be informed in writing immediately. We shall not assume liability for any damage in transit to equipment sent to us for repair if the original packing material is not used.
Warranty (generally)
The customer has the right to make claims for defects within a period of 24 months from receipt of the goods (time of passing over of risk). GEDAT also does not shorten the warranty period for customers being non end-users. A defect exists if, at the time of receiving the goods, they:
* are not of the agreed quality; or
* if the items are not suitable for the contractually envisaged use; or
* are not suitable for usual use; or
* do not have the properties that are normally expected; or
* if advertising messages about the design should prove to be incorrect; or
* if they are delivered in insufficient quantity or do not correspond to the order; or
* if the assembly instruction is faulty.
No defects are problems resulting from:
* improper operation,
* improper conditions of use (spare parts being not properly installed in devices),
* breakdown of the product due to incorrect voltage, lightning, the effect of fire, water or fumes,
* from usual wear and tear or consumption of parts; or
* if the defect was already known to the customer at the time of purchase.
The customer has to prove that the defect already existed at the time of receiving the product. Despite to this insofar as a defect exists, it shall be presumed for the first 12 months of the limitation period that the defect had been there when the goods were received. The customer can demand 2 attempts at rectifying the defect or the delivery of an intact replacement. The choice has to make sense from an economic point of few. The customer shall agree with GEDAT on sufficient time and opportunity to effect the repairs and replacement deliveries. If that should fail or if, within the set deadline, reworking or a compensation delivery should not produce the desired result, the customer may choose either to withdraw from the contract or request a reduction in purchase price. Replaced parts shall become the property of GEDAT. The warranty period will be extended by the time needed for the repairs. Warranties offered by some manufactures in addition to their statutory obligations will be fully transferred to the customers.
Payments due may be withheld by the purchaser only in reasonable proportion to the claimed defect. Unless mentioned differently below, further claims on the part of the customer - regardless of any legal arguments - are out of the question. Therefore, we shall not be liable for damage, which has not arisen on the delivery item itself. In particular, we shall not be liable for any lost profit or other financial losses made of the buyer. Aforementioned exoneration from liability will not apply if the cause of damage is due to wrongful intent or gross negligence. Liability shall not be limited if a personal injury has been caused culpably. We shall be held liable only inasfar as mandatory liability exists under product liability laws for personal injury or material damage to privately used items.
Warranty for purchased spare parts
The installation of spare parts may require special knowledge, skills and tools. It is our long term experience that defects on installed spare parts are often caused by faulty installation or even more frequently through the influence of other defect device components and therefore no warranty claim can be accepted. For warranty claims, please note that: We will always replace a defective part, if it was obviously defective when the customer received it, i.e. if the part was damaged on the way to the customer. After the installation of spare parts a decision concerning the acceptance of a warranty claim is usually only possible if the entire device is available for GEDAT for inspecting:
1. The device can be sent to us at the customer's cost; in a warranty case GEDAT will refund the regular forwarding expenses to the customer.
2. The device can be collected by GEDAT or a representative; if inspection does not establish a warranty case GEDAT will invoice the customer the cost of transportation.
3. A technician from GEDAT or a representative checks the device on-site; if there is no warranty case, GEDAT will invoice the customer correspondingly.
Transfer as a loan or for testing purposes
Products or materials which have been made available to a contract partner as a loan or for testing purposes shall remain the property of GEDAT. GEDAT has the right to request the return of loaned equipment at any time with 14 days notice. If the contract partner does not fulfil this obligation within due time, the products shall be considered as purchased by them at the price named on the currently valid price list of GEDAT.
Customer information
In accordance with the ODR regulation please find here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage) the link to the European Online Dispute Resolution website for consumers.
GEDAT Datentechnik GmbH is generally not willing or obliged to participate in any dispute resolution at an arbitration board.
Limitation of Liability
Unless otherwise provided in the above stipulations all liability shall be disclaimed, in particular due to fault at contract conclusion, non-fulfilment or incomplete fulfilment as well as liability for consequential or indirect damage. The release from liability shall not waive our mandatory liability in case of intent or gross negligence.
Final Provisions
The non-exercising of rights by GEDAT shall not mean a waiver of the said rights. If the customer is acting as a business person, the sole place for all disputes between the contracting parties shall be Hohenstein-Ernstthal. German law applies with the exception of the regulations of UN right (CISG). In case of dispute the German version of these Terms and Conditions shall take precedence. If any provision should be or become invalid, the validity of the remaining provisions shall not be affected thereby. Such invalid provisions shall be replaced with provisions that reach the intended economical success of both parties in a legal and practicable way. The same shall apply to any possible loophole in the contract. The links within this site to other websites are not covered by this policy.
Hohenstein-Ernstthal, August 2022