General Business Terms and Conditions
These General Business Terms and Conditions apply as amended to all business relationships between ourselves (Schneider Digital Josef J. Schneider e.K., Maxlrainer Straße 10, 83714 Miesbach, Owner: Mr Josef J. Schneider) and you, on the date on which the contract is concluded. If you use any conflicting General Business Terms and Conditions, they shall expressly not apply.
1.2 Contract Agreement
Contract language is German. Customers in terms of these General Business Terms and Conditions are exclusively merchants pursuant to Section 14 German Civil Code (Bürgerliches Gesetzbuch, “BGB”). The English display option is provided for guidance only.
1.3 Conclusion of contract
1.3.1 About the Shop
The product range shown in our online shop is initially subject to change and is non-binding. The ordering process comprises four steps in total. As a first step, you choose the required products. As a second step, enter your details including invoice address and delivery address if this is different, unless you have already entered these when creating your customer account and are using them to place the order. You can also register first or order as a guest. As a third step, choose the required payment and delivery method. As a fourth step, you have the option of checking all the details again (e.g. name, address, payment method, ordered items), and of correcting any input errors before confirming your order by clicking the “Pay Now” button. By confirming your order, you enter a binding contract. We will confirm receipt of the order without delay. Confirmation of receipt does not represent binding acceptance of the order. We are entitled to bindingly accept the offer of contract in the order within two days following receipt of the order, via email, fax, phone, post, or by shipping notification. The Contract shall only take effect with acceptance.
We save the Contract text and after your order is shipped, we send the text to you along with these Terms and Conditions and customer information in text form (e.g. email, fax, or post). However, the Contract text can no longer be retrieved from the website after your order has been shipped. You can use the browser’s print function to print the relevant web page containing the Contract text.
Alternatively, the Contract can be concluded individually through quotation and acceptance. Unless otherwise agreed, the standard process involves sending an enquiry to us (e.g. using our specified enquiry forms), and then receiving a binding quotation from us which you can then accept within two weeks. The Contract shall take effect with acceptance. We do not save the Contract text separately, but the Contract content is tailored according to the relevant agreement.
1.4 Subsequent changes to the Business Terms and Conditions
We shall be entitled to subsequently amend and add to the General Business Terms and Conditions with regard to existing business relationships if changes to legislation or case law require this, or if other circumstances mean a material change to the contractual balance. A subsequent amendment of the Business Terms and Conditions shall be valid unless you object hereto within six weeks of the change notification. At the start of this period, we shall expressly inform you that the contract amendment shall be valid unless you object within this period, and grant you the opportunity to submit an express declaration during the period. If you object by the deadline, both parties may also terminate the Contract early, to the extent that we do not allow the contractual relationship to survive under the old General Business Terms and Conditions.
2.1 Partial deliveries
We shall be entitled to make partial deliveries, unless this causes unreasonable hardship to you. In the case that partial deliveries are made, you shall incur no additional shipping costs.
2.2 Delay in delivery and performance
Delays in delivery and performance due to force majeure, and due to exceptional and unforeseen events which cannot be prevented even through extreme diligence, and for which we are not at fault (in particular strikes, official or court orders, and in cases where we are supplied late or incorrectly despite making covering transactions), shall entitle us to postpone delivery by the duration of the delaying event.
2.3 Exclusion of delivery
We cannot deliver to PO boxes.
2.4 Default of acceptance
If you are in default of acceptance of the ordered goods, we shall be entitled after setting a reasonable grace period to withdraw from the Contract, and to claim compensation due to default or non-performance. During the default of acceptance, you shall bear the risk of accidental perishing or deterioration.
2.5 Performance period
Unless expressly agreed otherwise, we shall make delivery within 5 days. In the event of payment in advance, the delivery period shall begin on the day after the payment request is issued to the transferring bank, or on the day after conclusion of the Contract if payment is made by cash on delivery or purchase on account. The period shall end on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday, or an official public holiday at the point of delivery, the period shall end on the next working day.
3.1 Prices and shipping costs
All prices exclude VAT. They also exclude the separately itemised costs of packaging and shipping, unless you have arranged to collect from our place of business.
3.2 Default of payment
You shall be in default of payment if we do not receive payment within two weeks following your receipt of the invoice. If you are in default of payment, interest of 9% above the European Central Bank base rate shall be charged. Should you be in default of payment, we also reserve the right to charge reminder fees of €2.50. We remain free to assert a claim for compensation above and beyond the foregoing. You shall be afforded the opportunity to prove that we have incurred no or negligible losses.
3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims which are due and are based on the same legal relationship as your liability.
4. Retention of title
We shall retain the title to the goods, works, and materials that we have delivered until all present and future claims arising from the business relationship have been met in full. You shall transfer any claim or compensation that you receive for the damage, destruction or loss of these items to us. Unless otherwise agreed below, you shall not be entitled to sell, gift, pledge, or use as collateral, the items delivered to you under retention of title.
4.2 Pledging and other impairments
If the item under retention of title is pledged or otherwise impaired by third parties, you shall notify us without undue delay in order that an action can be filed pursuant to Section 771 Code of Civil Procedure (Zivilprozessordung, “ZPO”). If the third party is unable to reimburse the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, you shall be liable for the loss that we incur.
You shall be entitled to resell the goods under retention of title in the normal course of business. You shall then transfer any receivables arising from the resale of the goods under retention of title to us in the amount of the agreed final invoice (including VAT). This transfer shall be made regardless of whether the purchased item was resold without or after processing. You shall also be entitled to collect the receivables after transfer. Our right to collect the receivables ourselves shall remain unaffected. However, we shall not collect the receivables provided that you meet your payment obligations arising from the proceeds, that you are not in default of payment, and in particular that no petition to initiate insolvency proceedings against you has been filed, or if you are not bankrupt.
4.4 Alteration, processing and handling
You shall handle, process, or alter the purchased item in our name and on our behalf. In this case, your expectant right to the purchased item shall extend to the altered item. If the purchased item is processed with other items which do not belong to us, we shall acquire co-ownership of the new item based on the objective value of the purchased item compared with the other processed items at the time of the processing. This shall also apply in the case that items are mixed. If this mixing is done in such a way that your item is considered to be the main item, then you shall agree to transfer pro rata co-ownership to us and grant us any sole ownership or co-ownership arising as a result. In order to secure claims against you, you shall also transfer to us any claims which arise against a third party as a result of combining the goods under retention of title with a base part; we hereby accept transfer thereof.
4.5 Redemption of goods
Should you be in breach of the Contract, in particular due to default of payment, but also in the event that you file for insolvency, we shall be entitled to redeem the item. In the case that items are redeemed, the Contract shall not be rescinded unless we expressly declare this in text form.
4.6 Release of guarantees
If the value of the guarantees exceeds the value of the secured claims by more than 15%, we shall be obliged to release guarantees at your request.
5. Warranty with the Purchase Contract
Statutory rights apply. A warranty claim may only arise with regard to the quality of goods; acceptable differences in the appearance of the goods shall not be subject to warranty claims. Technical and design differences may arise in particular regarding the descriptions, representations, and specifications in our quotations, brochures, catalogues, on the website, and in other documentation (e.g. colour, weight, dimensions, design, scale, positioning, etc.) to the extent that these changes are acceptance to you. Acceptance grounds for changes may arise from industry-standard variations and technical production processes. If guarantees are offered in addition to warranty claims, their exact terms will be included with the product. Potential guarantees do not affect your statutory rights.
5.2 Warranty claims
In the event of a defect, we provide subsequent performance of your choice in the form of remedy of defects or substitute delivery. The risk of accidental perishing or deterioration of the item shall transfer to you following handover to the carrier. You must report obvious defects without undue delay and hidden defects in text form without undue delay after discovery; assertion of warranty claims shall otherwise be excluded. The deadline shall be deemed met if notification is sent in a timely manner. This carries full burden of proof for the basis of all claims, in particular for the defect itself, for the timing of the discovery of defects, and for timely notice of defects.
5.3 Rights in the case of an immaterial defect
If only an immaterial defect is present, you shall only have the right to a reasonable abatement of the purchase price to the exclusion of the right of rescission.
5.4 Compensation for defects
No warranty is offered for damages which can be attributed to incorrect handing or use. Explicit reference is made to the following disclaimer.
5.5 Limitation period
No warranty is offered for used goods; for new goods it is 1 year. Exceptions include the right of recourse pursuant to Section 478 BGB. Reduction of the limitation period expressly does not exclude liability for damages arising from injury to life, limb, or health, or in the event of wilful intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected hereby.
6. Maintenance and servicing
Pursuant to the contractual agreement, we also provide maintenance and servicing for delivered goods beyond the statutory warranty period. Your statutory rights are not affected.
Our services cover all measures which may be required due to regular use and the resulting wear and tear to the delivered goods. Our services are rendered to the delivery address listed in the written order confirmation.
6.3 Damage to or by third-party goods
Defects or damage caused by or to products which we have not supplied are excepted from our maintenance and servicing.
6.4 Right to choose
As part of our maintenance and servicing, we have the right to choose either repair or substitute delivery of new or used goods or components of equivalent value.
6.5 Details of servicing
Details on our servicing can be found in the latest edition of our “Maintenance and Service” brochure.
7. General details on leasing
7.1 Security deposit
We reserve the right to demand a reasonable security deposit for the lease.
7.2 Lease period
The agreed lease period shall begin with receipt of the leased item by the Lessee. The lease period shall end with the handover/receipt of the returned leased item. The item must be returned no later than 9 a.m. on the agreed date of return. No lease instalment is charged for the date of return provided that the item is returned by 9 a.m. Additional costs shall be incurred if the leased item is returned after 9 a.m.
7.3 Your obligations as the lessee
You may not sublease the leased item. You may only use the leased item in the configuration approved by the manufacturer.
Statutory rights apply.
8. Provision and return of leased items
8.1 Handover report
A handover or return report must be completed in full and signed on issuing and returning the leased item. These reports form part of the lease contract.
8.2 Provision of replacement equipment
If the leased item cannot be supplied on the day of the handover, we reserve the right to supply a similar leased item insofar as this does not cause you unreasonable hardship.
8.3 Lessee’s liability
If the leased item is destroyed due to reasons for which you are at fault, or it is foreseeable that use is impaired or made impossible by circumstances for which you are at fault, we may refuse to provide replacement leased items. In this case, you may not terminate the contract pursuant to Section 543 paragraph 2(1) BGB.
8.4 Late return
The provisions of Section 545 BGB shall expressly not apply. If you do not return the leased item after the end of the agreed period of use or not on the agreed date and time, we shall be entitled to demand a usage fee in the amount of the agreed rent to cover the period of retention beyond the contract term. Any other claims for compensation asserted on our part shall remain unaffected. The lease period shall only be extended with our express consent in text form. The entitlement to use the leased item shall only extend to the agreed period of use. Continued use after the end of the lease period without our express objection shall not automatically lead to an extension of the lease period.
8.5 Early return
Returning the leased item before the end of the agreed lease period shall not reduce the agreed rent, unless the leased item can be otherwise leased or if you terminate the contract early without notice for good cause.
8.6 Condition on return
You are obliged to return the leased item on the contractually agreed date in clean condition and together with the completed handover report. If the leased item is not clean or insufficiently clean on return, the actually incurred cleaning costs shall be invoiced.
8.7 Return EXW
If the leased item is returned by post, you shall be obliged to meet the shipping costs incurred.
9. Lessee’s responsibility
9.1 Proper handling
The leased item must be handled professionally and with care, and used properly according to the specifications. The lessee shall also ensure that the leased item is transported (also for return shipping) in suitable shipping and packaging material (e.g. the material used for shipping to the lessee). The lessee may not alter the leased item in any way. Schneider Digital logos and identifiers, name plates and other designations shall remain unaltered on the equipment.
9.2 Extent of liability during the agreed period of use and after the end of the agreed period of use
You shall be liable for damage which goes beyond normal use or wear and tear, provided that you are at fault for this.
9.3 Duty to insure
You shall be obliged to insure the leased item against loss, theft, damage, or accidental perishing. The lessee shall also be obliged to take out a transport insurance policy for delivery and return.
10. Purchasing the leased item
You may purchase the leased item at any time against the lease instalments made to date.
10.2 Conclusion of Contract
The Contract can be concluded individually through quotation and acceptance. Unless otherwise agreed, the process usually begins with receipt of an enquiry. We then send you confirmation that we have received your order, which does not constitute or confirm acceptance of the contract. With our approval, you will receive a quotation from us, taking account of the purchase price at the time of your order. Rent instalments that have already been paid will be taken into account. After you have been informed in full of the purchase price in advance, you will receive confirmation of purchase of the leased item following the end of the lease period.
10.3 Retention of title
The delivered goods remain our property until full payment of the purchase price. You shall treat the goods under simple retention of title with care at all times. You shall transfer any claim or compensation that you receive for the damage, destruction or loss of the delivered goods to us. If you act in breach of the Contract, in particular if you are in default of payment, we shall be entitled to redeem the purchased item. In the case that items are redeemed, the Contract shall not be rescinded unless we expressly declare this in text form.
We and our legal representatives and agents shall only be liable in cases of wilful intent. Only if material contractual obligations (consequently obligations which should be met to fulfil the purposes of the contract) are affected, the parties shall also be liable in the case of gross or ordinary negligence. Liability shall be limited to foreseeable damage typical for the contract.
11.2 Limitation of liability
The aforementioned disclaimer shall not affect liability for damages arising from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this disclaimer.
12. Final provisions
Sole jurisdiction for all legal disputes arising from this Contract shall be our main office, if you are a merchant, a legal entity under public law, or special fund under public law.
12.2 Choice of law
Unless mandatory statutory provisions in your domestic law provide otherwise, German law shall apply to the exclusion of The UN Convention on Contracts for the International Sale of Goods.
12.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the other General Business Terms and Conditions.