Technologie Institut Medizin GmbH (TIM), hereinafter called the Contractor
§ 1 General
Contractor shall provide its services exclusively on the basis of the following terms and conditions. Deviating terms and conditions will not be accepted. These terms and conditions shall apply only in relation to entrepreneurs.
§ 2 Storage of personal data
Contractor shall be entitled to store the personal data of the customer, for the proper processing of the order required.
§ 3 Formation of Contract
- By enquiry the customer may order a RMA kit. In case of an order, this kit will be charged. The kit contains all the components necessary to send the object to service contractors. The prices are available on the service side.
- Contractor will provide clients a quote for service after service object has arrived. A guarantee for the liability of the cost estimate is not accepted. Exceeding the cost estimate up to 20% will be accepted by the client.When exceeding this limit contractor will inform the client thereof. Client may in this case withdraw from the contract. Contractor will return the service object unpaid to the client.
- The service contract is concluded when customer submits a written consent on release of the estimate to the contractor. The contractor adheres to the estimate four business days (excluding Saturday, Sunday) bound from transmission to the client. Then the contractor will return the service object with costs to the customer.
§ 4 Decrease and defects
- The service operations are accepted if customer does not within 10 days after service contradicts the service object of a decrease. Contractor will inform the customer upon delivery of the service object to such legal consequences.
- Client has the service object immediately after delivery to examine shortcomings in service for performance. Defects that are discovered during such examination or identified, the client must be notified within the above deadline. If the deficiencies are later seen, they must be notified within ten days of discovery of the defect. After the deadline, warranty claims expire.
§ 5 Calculation and Payment
- Contractor shall be entitled to request an advance of up to 50% of the service costs. Basis of pre-calculation is the estimate.
- Compared to the entitlements of the contractor, the client shall only offset claims that are undisputed or legally valid. The same applies to the right of retention.
§ 6 Warranty, Liability
- The Contractor's liability is limited to the intentional or grossly negligent breach of duty by the Contractor, its legal representatives or agents.
- The foregoing limitation of liability shall not apply in case of breach of cardinal obligations or in the event of injury to life, limb or health.
- In relation to entrepreneurs warranty claims expire within twelve months from the delivery of the service object of the client.
- Contractor shall provide a warranty in the first place by repair. If the repair fails twice, or is it only possible with disproportionate costs, the client has the right to reduce.
§ 7 Shipment
- Customer bears all transportation costs for inputs and returns including packaging, shipping and any insurance if it is not a warranty case.
- Customer bears the risk of transportation to delivery to the contractor and from the transfer to a carrier by the contractor.
§ 8 Performance, Jurisdiction and Choice of Law
- Performance is relative to the contractor's place of business.
- Jurisdiction is in relation to merchants, legal persons under public law or public special assets Koblenz. Contractor shall also be entitled to sue at the general jurisdiction of the client.
- The legal relationship between client and contractor is to German Law.