Data protection

1. General Terms

The following general terms and conditions apply to all business relationships, particularly offers, deliveries, services, and other legal transactions between us and our customers. They also apply to future business relationships, even if not expressly agreed again. These terms are considered accepted at the latest upon receipt of the goods or services.

Deviating agreements and additions, especially the buyer's procurement conditions of any kind, and telephone or oral agreements are only binding if confirmed by us in writing before the conclusion of the business.

2. Offers and Prices

Our offers regarding prices, quantities, delivery times, delivery possibilities, and additional services are non-binding and subject to change. Technical changes are expressly reserved. In the case of calculation or printing errors, we reserve the right to make changes. The scope of services to be provided by us is solely defined by our order confirmation. An estimated time expenditure is generally not binding unless expressly noted. Should it be determined that, for example, the data transfer significantly exceeds the estimated effort, we will inform you immediately. All listed prices are in Deutsche Mark and, unless otherwise stated, are net prices subject to the statutory value-added tax.

3. Delivery and Service Conditions

The execution of the orders placed is subject to timely and sufficient delivery by our suppliers.

Delivery times begin with the date of issuance of the order confirmation. They are considered met if the goods have left our warehouse by the end of the delivery period or the readiness for dispatch has been reported to the customer. If we exceed the agreed delivery period, the customer has the right to set us a grace period of at least four weeks by registered letter and withdraw from the contract after the grace period has expired. Timely dispatch of the goods is sufficient for compliance with the grace period.

Force majeure, labor disputes, or other unforeseeable obstacles that we cannot avert despite reasonable care under the circumstances—whether occurring in our operations or at a supplier, such as operational disruptions, government interventions, delays in the delivery of goods and components, or any incorrect or timely self-supply—release us from delivery obligations for the duration of their effects and in the event of impossibility, completely. If the delivery becomes impossible or unreasonable due to the above-mentioned events, we are entitled to withdraw from the contract.

We are entitled to partial deliveries. Complaints about partial deliveries do not justify the refusal of the remaining delivery. We reserve the right to only perform deliveries and services to the customer if all our due claims from previous deliveries and services have been settled. Compensation for non-fulfillment is only due to the customer in the event that we have caused the delay intentionally or through gross negligence.

4. Shipping and Transfer of Risk

Delivery is always at the expense and risk of the customer from the warehouse in Paderborn. We reserve the right to choose the mode of transport and transport means. The risk passes to the customer upon leaving our warehouse. Liability for transport damages is excluded. Freight, packaging, and insurance costs are the responsibility of the customer.

The delivery must be checked upon receipt for completeness and damage as well as freedom from defects. Any transport damages or transport losses must be reported immediately. Insurances against damages of any kind are only provided at the express request of the customer and at their expense.

In case of any returns by the customer to us, the customer bears the risk until delivery in our business premises. Any returns by the customer must be freight-free in any case.

5. Acceptance

The customer is obliged to accept the delivery or have it accepted by an authorized representative. If they fail to do so, the seller may set a grace period of seven days with the stipulation that after the unsuccessful expiration, the seller is entitled to withdraw from the contract and claim damages for non-fulfillment. The damages include all expenses incurred by the seller in connection with the transaction as well as their lost profit.

6. Payment Terms

Unless otherwise agreed, invoices are payable immediately upon issuance without deduction. Bills of exchange and checks are only accepted as a fulfillment means and can be returned at any time.

In the event of delayed payment, we are entitled to charge default interest at a rate of 12% without the necessity of a reminder. We reserve the right to claim higher default damages.

New customers are generally only supplied against prepayment. The change to delivery against invoice occurs after a positive bank report. In the event of a subsequent change in creditworthiness, we are entitled to demand delivery in exchange for cash payment or prepayment.

Offsetting is only permissible with claims recognized by us or legally established counterclaims. Withholding payments by the customer due to possible counterclaims from other contractual relationships is excluded in any case.

If the customer does not comply with their payment obligations in accordance with the contract, stops payments, or other circumstances become known to us that question the creditworthiness of the customer, we are entitled to declare all remaining debts due or demand advance payments or securities.

In cases of individual programming and creation of specifications, 50% of the invoice amount is due upon order placement, 30% upon delivery, and 20% upon acceptance, but no later than 14 days after delivery.

7. Complaints and Liability for Defects

The customer has to carefully check and inspect the goods immediately upon receipt of the delivery. Recognizable defects or shortages must be reported immediately, at the latest within six days after receipt of the goods, in writing and specified to us; otherwise, the entire delivery is considered accepted. Defects that cannot be discovered even with careful examination within this period must be reported immediately after their discovery in writing.

The warranty obligation is, unless otherwise agreed, six months. The period begins with the delivery of the goods to the customer. Furthermore, there are generally no additional claims against us, especially no claims for damages due to direct and indirect damages.

To assert a warranty claim, it is usually required that defective parts and an exact description of the defect, including the model and serial number, as well as a copy of the delivery note with which the device was delivered, be sent to us or delivered to us.

Returns to us must be delivered freight prepaid and insured. For unpaid returns, we may refuse acceptance. Wear parts, such as print heads, ribbons, toner materials, and other wear parts are excluded from the warranty obligation. Improper use, storage, and handling of devices, external interventions, and the opening of devices, non-compliance with operating or maintenance instructions, and the use of consumables that do not meet the original specifications will result in the loss of the warranty claim. No warranty is given that software deliveries are absolutely error-free and run without interruption, and that the functions contained in the software can be executed in all combinations chosen by the customer and meet the requirements of the customer.

If a justified complaint arises, we have the choice between rectification, replacement delivery, withdrawal (reversal of the contract), and reduction (reduction of the fee). Only after three unsuccessful attempts may the customer demand withdrawal or reduction. Further claims are excluded. The warranty does not create any new warranty obligations. The customer must grant us the time and opportunity required for any remedy at our reasonable discretion. Otherwise, we are released from any warranty obligation.

If data on the devices to be repaired are lost during our repair efforts, the risk is borne by the customer. No warranty is given when acquiring used devices. No warranty is given for the accuracy and usability of the data to be transferred in the context of a data transfer.

8. Retention of Title

All goods supplied by us remain our property until complete payment and settlement of all claims arising from the business relationship, including those from previous deliveries. This also applies to conditional claims. The customer may only dispose of the items subject to retention of title to the extent that they are used in the normal course of business.

The customer commits to making extraordinary dispositions regarding the items subject to retention of title (e.g., pledges, security transfers) only after our prior consent. In this case, the customer must inform us immediately and comprehensively and make the third party aware of our rights, as well as provide us with the necessary documents for our intervention. The costs arising from our intervention are borne by the customer.

9. Exclusion of Liability

Unless otherwise provided in the preceding provisions, any liability on our part, particularly for fault in contract negotiations, non-fulfillment, or poor fulfillment including liability for consequential damages or indirect damages is excluded, except in cases of intent or gross negligence by our legal representatives or executives.

10. Protection and Copyright

All current and future copyright and/or industrial property rights in the programs, documentation we create, and all programs, program components, or documents and drawings created in this context remain with us. All programs, software, and manuals supplied by us are protected by copyright. The granting of any usage rights requires our separate approval. We reserve our ownership and copyright to all documents made available by us before or after the conclusion of the contract. They may only be made accessible to third parties with our express consent. The customer is liable to us for all damages arising from violations of the aforementioned obligations.

11. Data Protection

The customer authorizes DiscVision Solutions GmbH and agrees to process, store, and evaluate the data obtained in connection with the business relationship in accordance with the Federal Data Protection Act (§26 BDSG).

12. Place of Fulfillment and Jurisdiction

The place of fulfillment for sales, deliveries, and services of all kinds, organizational work, programming, documentation creation, etc. is the registered office of DiscVision Solutions GmbH. The parties agree on the registered office of DiscVision Solutions GmbH as the place of jurisdiction for all disputes, including for exchange and check claims and for the document process.

13. Final Provisions

If individual provisions are invalid, ineffective, or contestable, the remaining provisions remain unaffected and are to be interpreted or supplemented in such a way that the intended economic purpose is achieved as closely as possible in a legally permissible manner. Any contractual gaps should be handled accordingly. Only the law of the Federal Republic of Germany applies.