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General trading conditions

I. Area of application

Orders are implemented on the following conditions. Deviating regulations require writing.

II. Contract conclusion, general

1. The repair conditions apply to all achievements, the SELECT IT in the Inhouse business accomplish. To commercial transactions and other services the AGB's of SELECT IT applies.
2. If an uncontradicted written confirmation of order is present, then this is determining for contents of the contract and the range of the repair.
3. Special agreements and contract modifications require the written confirmation of SELECT IT.
4. If the repair article was not supplied by SELECT IT, then the customer has to refer to existing commercial patent rights regarding the article, if SELECT IT does not meet being to blame for, places the customer SELECT IT of evtl. Requirements third from commercial patent rights freely.

III. Capacity

1. In the Selct ITPreisliste specified repair lump sums contain the repair (work time, spare parts), the cleaning, the function test and the guarantee.
In the repair lump sum are not contained:
- the exchange of complete not reparable building groups (system board, scanner, current supplies)
- print heads, picture tubes, gehaeuseteile
- consumption and wear material
2. All devices, components and parts given to the repair must be in the repairable (complete and intact) condition.
3. SelectIT has to accomplish the right the repair of defective building groups and parts by exchange with function-same parts.
4. For different parts SELECT IT offers its customer an first exchange. With false orders or cancellations of the order SelectIT is to be placed entitled to the customer a handling charge (s. trade price list for additional achievements) in calculation.

IV. Not feasible repair

1. If a repair cannot not be accomplished/locked out by SELECT IT to representing reasons, then SelectIT is justified to compute the developed and provable expenditure (error fehlersuchzeit equal work time) in form of a handling charge (s. trade price list for additional achievements). Reasons for a not-feasible repair are in particular:
A. the complained of error did not arise with the inspection;
b. Spare parts to procure are not;
C Parts and building groups are so damaged that a repair is not possible;
D the customer the agreed upon date imprisonment for debt missed;
e. the contract during execution quit is.
2. The repair article needs to be carried back only on express desire of the customer against refunding the expenditure lump sum again to the origin condition, unless the made work were not necessary.
3. With not feasible repair SELECT IT is not responsible for damage to the repair article, which injury of contractual Nebenpflichten and for damage, which did not develop at the repair article, indifferently, to which argument the customer appoints itself.
4. This non-liability does not apply with resolution, with rough negligence of the owner or leading employees, as well as with culpable injury of substantial contract obligations.
5. With culpable injury of substantial contract obligations SELECT IT- is responsible except in the cases of the resolution and the rough negligence of the owner and leading employees - only for the contract-typical, reasonably foreseeable damage. SELECT IT is not responsible for damages, indirect damage and escaped profit.

V. Cost estimate

1. A cost estimate provided if:
A. the customer this expressly wishes and but an order given;
b. Spare parts and components are necessary for the repair, which are not taken off by the repair lump sum.
2. The achievements furnished for the delivery of the cost estimate are not computed, as far as they can be used at the time of the execution of the repair.
3. If a cost estimate erstellter of SELECT IT is rejected by the customer, then the work expended in form of a handling charge (s Preisliste for additional achievements) at the customers, developed for the error analysis, is computed.
4. Important note: In the context of the production of a cost estimate already interferences are into the devices necessary. These interferences cannot be repaired frequently also if the customer does not give the repair order after information of the cost estimate. A requirement on it that the equipment is carried back to the origin condition, does not exist.

VI. Price and payment

1. For the computation of the repair at the time of the placing of order the valid SELECT IT price list is relevant. This is to each customer in the InterNet under www SELECT IT.de at the disposal.
2. If the repair lump sum is not used, then with the computation of the repair the prices for used parts, materials and special services as well as the prices for the works, the driving and transport costs are in each case separately proven. If the repair, due to an obligatory cost estimate, is implemented then a reference to the cost estimate is sufficient, whereby only deviations are to be particularly specified in the capacity.
3. All prices understand themselves in € (euro). The value added tax is computed in the respective legal height additionally debited to the customer.
4. A any correction of the calculation on the part of SELECT IT and an objection on the part of the customer must take place in writing, at the latest four weeks after entrance of the calculation.
5. The payment is to be made when acceptance and handing or transmittal the calculation out within ten days purely net.
6. The restraint counterclaims of the customer denied by payments or the set-off because of any by the contractor is not permitted.
7. New customers become to for the examination of a line of credit, by which SELECT supplies IT credit insurance, only by cash on delivery.

VII. Transport and insurance with repair in the areas of SELECT IT

1. If nothing different one is in writing agreed upon, and an evacuation of the repair article - including a any packing and loading -, accomplished upon the requests of the customer, are accomplished on its calculation, otherwise one the repair article is delivered from the customer at its expense with the contractor and fetched after execution of the repair with SELECT IT by the customer again.
2. If SELECT IT is assigned by the customer the collection (SELECT IT shuttle) of the repair article, then this is insured with € 2,000, - - against transport damages.
3. Repair articles, which are transported with Transportdienstleistern (UPS, German batch, German post office, or other one), are insured according to their guidelines. The customer for the return motion of the commodity can request large insurance protection in writing with SELECT IT. The costs are further-loaded at the customers.
4. For sent in, brought or fetched devices the danger turns into on SELECT IT, as soon as these devices are delivered with SELECT IT.
5. With collection or return of the devices the danger with handing out turns into to the customer on these. With dispatch by Transportdienstleister the danger turns into on the customer, if the equipment were handed over at these.
6. Any adhesion is void, if the customer without previous agreement of SELECT makes IT of lack and/or damage repairs or through lets third make. A requirement on refunding thereby developing costs does not have the customer.
7. From any guarantees are excluded use -, consumer goods e.g. leads, cable connections, connecting plugs, toner units, ink jet print heads and cartridges, transfer Belts, OPC drums, picture tubes, etc..
8. With repairs data on data media can be destroyed or damaged. SELECT IT is responsible neither for these data nor for requirements for compensation those from overruns to develop can. Important data are to be secured exclusive by the owner/customer of the data.

VIII. Repair period

1. The data over the repair periods are based on estimations and are not obligatory therefore not.
2. The turn-around time for overall repairs amounts to usually five working days starting from incoming goods, and/or starting from permission of the cost estimate.
3. The turn-around time can extend substantially, if the spare parts necessary for the repair are not available in time.
4. The repair can retard by measures in the context of labor disputes, in particular strike and lockout as well as the entrance of circumstances, which are not indebted by SELECT IT.
5. Demonstrably due to delay of the contractor if a damage arises for the customer, then it is entitled under exclusion of further requirements to require a distortion remuneration; this amounts to for each full week of the delay 0.5%, in the whole however at the most 5% of the repair price for that part of the article which can be repaired from the contractor to, which cannot be used due to the delay in time.

IX. Pledge right of the work enterprise and omitted collection

1. SELECT IT is entitled because of the pledge right at the devices, contractual order in accordance with furnished achievement, which arrived in the context of the order into the possession of SELECT IT.
2. If the customer does not redeem it by cash on delivery sent equipment after execution of the servicing also then yet, after he received a further request, or does not fetch the customer the equipment within 4 weeks after the second request, SELECT IT can compute the customer at expiration of the period an appropriate camp money.
3. Even if the equipment was not fetched after 3 months after the second request, SELECT IT is not obligated to the further keeping and of any adhesion, also for easy-negligent damage or fall, freely. At expiration it is open this 3 period of one month SELECT IT to send to the customer a menace of free-handled sale. SELECT IT the equipment concerned may sell four weeks after mailing this menace for the covering of the demand for servicing against the customer. Thereby if an excess of proceeds in reference to repair lump sum is obtained, it is to be out-turned at the customers.

X. Guarantee for repair and adhesion

1. SELECT IT carries on the perfect accomplished repair three months long for guarantee out. Lack are improved free of charge at the equipment concerned, if and as far as they are to be represented IT from SELECT. The guarantee of SELECT IT exclusively refers to in the context of the repair the behobene malfunctioning. The guarantee begins with the date of the rendering of invoice.
2. SELECT IT ensures the use of perfect material at the time of the execution of repairs for the same period.
3. For defect removal the customer has to grant SELECT IT time and opportunity and to carry above all ensuring that the complained of article for investigation and execution of the guarantee measures assigned SELECT IT or its are available.
Over the guarantee the customer can place going out requirements only if the repair article is always still not functional after three successless rework attempts.
4. SELECT IT is responsible for damage and losses on dem/des order article only to that extent, when SELECT IT meets or its executing aide being to blame for. In the case SELECT IT is committed to the damage to the repair free for the customer, in addition, alone justified. If the repair is impossible or if the expenditure for it exceeds the current value, SELECT IT can fulfill the requirements of the customer instead of its by payment of the purchase price of comparable equipment or after own choice, by supply of appropriate new equipment. Same applies with loss.
SELECT IT is responsible in no case for liebhaberwerte or comparable.
5. For damage of other kind, it is also otherwise, alike to the equipment or from which argument, so among other things in consequence of the injury of contractual additional obligations or due to bad actions, sticks to SELECT IT only, if and as far as such damage was caused by deliberate or roughly negligent behavior of SELECT IT or the coworker or executing aide tasks assigned by SELECT IT with the practice for you after this repair order. SELECT IT is obligated in accordance with condition of the managing conditions only then to the removal of lack or damage and/or to the compensation, if the arisen lack and damage were indicated immediately after their discovery, anyhow not later than one week after discovering, in writing. It applies the legal period of limitation.
6. Any adhesion is void, if the customer without previous agreement of SELECT makes IT of lack and/or damage repairs or through lets third make. A requirement on refunding thereby developing costs does not have the customer.
7. From any guarantees are excluded use -, consumer goods e.g. lead, cable connection, connecting plug, toner units of ink jet print heads and cartridges, transfer Belts, OPC drums, picture tubes, etc..
8. With repairs data on data media can be destroyed or damaged. SELECT IT is responsible neither for these data nor for requirements for compensation those from overruns to develop can. Important data are to be secured exclusive by the owner/customer of the data.

XI. Area of jurisdiction

For all disputes from the contractual relation, if the customer is buyer, a legal entity of the public right or a public special estate, the court of the head office of SELECT IT is responsible. SELECT IT can call also the court responsible for the customer.

Heddesheim, 2024.3.19 at 11:27

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