VICOM - Terms and Conditions, Dec 2012
1. General Terms
The purview, deliveries, actions and the quotations of VICOM audiovisuelle Medientechnik GmbH, hereafter cited as VICOM, are based exclusively on these terms and conditions. On placement of an order, the contracting party declares that it has knowledge of these terms and conditions and that it agrees to them. The contracting party's terms and conditions are not valid. The acceptance of supplies and business relations with the contracting party does not imply that the contracting party‘s terms and conditions are valid, even though VICOM may not object to them. Exceptions to our terms and conditions require a written conﬁrmation by VICOM.
2. Quotations and Completion of Contract
All quotations with respect to prices, discounts, delivery times and acceptance of orders are subject to change. Notices of acceptance and all orders are not legally effective until VICOM confirms them in writing or effects delivery. The same applies to amendments, alterations and supplementary agreements.
All services performed by VICOM are based on the prices valid from the date of delivery. Our prices are quoted ex Goeppingen warehouse or ex works plus packing and insurance. Forwarding charges are payable by the client. Orders of less than 25.00 Euros are subject to an additional small order charge of EUR 10.00. The prices quoted do not include VAT as long a valid tax-number from the customer is communicated.
4. Supply Commitment and Transfer of Risk
Terms of delivery or deadlines that have been agreed upon on a binding or not binding basis must be put down in writing. VICOM decides on the mode of transport, unless a particular method of transport is stipulated by the client. The supply commitment expires if delivery becomes partly or completely impossible due to force mejeure or other unforeseen circumstances. This applies, too, if such circumstances should arise at one of our suppliers. In this case, VICOM is emitted either to withdraw from the contract or to postpone delivery for the time needed to overcome the difficulties and arrange the dispatch of the commodities. In the case of postponement, the client is not entitled to cancel an order, reject part deliveries or claim damages of any kind. The risk passes over to the client as soon as the commodities have left the warehouse or the works. The same applies if, by a special agreement, VICOM has agreed to pay the forwarding charges. in the case of hire contracts, whereby the technical equipment is set up by VICOM staff, the risk passes over to the client as soon as the VICOM engineer leaves the set-up place.
If faulty commodities are supplied, VICOM is entitled to try twice to remedy the same defect within a reasonable period of time. it is at the discretion of VICOM to decide whether faulty parts are repaired free of charge or whether spare parts are supplied, provided a legally binding warranty obliges VICOM to do so. The warranty expires if the appliance is opened for the purpose of cleaning, repair or for other purposes. Repairs will be effected in the Goeppingen workshop. If the defective appliance is not sent in or if a contractual warranty obliges VICOM to carry out repairs in some other place, the resulting costs such as travelling expenses, air fares, labour costs, business expenses etc. are chargeable to the client. VICOM is not liable for technical modiﬁcations carried out on the ordered appliances by the manufacturer which have no lasting negative effect on their performance. There is a charge for cost estimates; the minimum amount charged is EUR 50.00.
6. Reservation of proprietary rights
The commodities supplied by VICOM remain the property of VICOM until the total amount outstanding has been settled. lithe goods delivered are then modified or processed, connected to or combined with other articles, VlCOM‘s reservation of proprietary righs also extends to the newly-formed article. VICOM acquires a right of ownership under the sections 947, 948 and 950 of the BGB. Until the total amount outstanding of all business transactions is settled, the commodities may neither be pawned, put up as collateral or otherwise be subjected to claims of a third party.
VICOM must be informed of damaged commodities or complaints without delay. For a complaint to be considered valid, VICOM must be notified of the problem and the number of the delivery note in writing within a ten-day period of receipt ofthe goods. VICOM must be informed in writing and without delay if an item is faulty or in need of repair. A repair may only be carried out after VICOM has agreed to it in writing.
8. Special Arrangements for hire contracts
The term of hire begins on the agreed upon date of supply of the hire object. It ends on receipt of all objects hired under one contract at our branch ofﬁce or warehouse. If a hire object is returned damaged, the client is charged with the cost of repair and also for the period during which the appliance is inoperative through no fault of VlCOM. Partial days are charged as full days. The forwarding charges are chargeable to the client. The risk of accidental destruction or deterioration and of force majeure lies with the client from the time the commodities are handed over to the forwarding agent until their return to VICOM. The correct delivery of the goods is considered acknowledged by the client unless he raises an objection immediately after receipt The hirer is obliged to ensure the correct operation, maintenance and servicing of the hire object. if the Hire object is in need of repair, VICOM must agree to the repair in advance. VICOM is at any time entitled to examine the object itself or to have it examined. For this purpose, VICOM has to be informed of the object's place of application. VICOM is entitled to examine the condition of the object prior to its return in the presence of a representative of the client. VICOM must immediately be notiﬁed of distraints or if me object is affected by actions of a third party. If a hire object has been handed over in the condition stipulated in the contract, the onus lies with the client to prove that VICOM is responsible for possible faults or any consequential damage. The hirer engages to cover the hire objects by a business or low voltage current insurance policy. If the client does not return the hire object on the agreed date, each day that elapses until the object is returned is charged at the regular daily hire rate. This applies, too, if an all-inclusive hire charge has been stipulated in the contract.
VICOM’s liability is limited to damage caused with intent or by gross negligence on the part of VlCOM‘s representatives or vicarious agents.
10. Place of Performance and Place of Jurisdiction
The place of performance for deliveries and payments is Goeppingen. The place of jurisdiction for all pains of dispute resulting from the contract is the “Amtsgericht" Goeppingen or the "Landesgericht" Ulm, if the business partner is a registered trader. These terms and conditions and all legal relations between VICOM and its business partners are governed exclusively by the law of the Federal Republic of Germany. If one of these terms and conditions should be invalid or become invalid, this does not affect the validity of the other terms and conditions. Invalid terms and conditions are to be replaced by valid tems and conditions which serve the desired purpose in the best possible way.