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General Repair Conditions

As at: October 2016

§ 1    Scope

1.1 Our Terms and Conditions apply to the provision of repair services in accordance with the contract concluded between us and you.

1.2 Our Terms and Conditions apply exclusively; we do not recognise any terms and conditions of yours that conflict with or deviate from our Terms and Conditions unless we have expressly agreed to their validity in writing. Our Terms and Conditions also apply if we perform the repair services without reservation while aware of conflicting or deviating terms of the customer.

1.3 Our Terms and Conditions apply both to consumers and to entrepreneurs, unless a provision contains a specific differentiation. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction, or a legal entity under public law or a public-law special fund.

§ 2    Offer, Conclusion of Contract and Quotation Documents

2.1 Your order constitutes a binding offer which we may accept within 2 weeks by sending an order confirmation or by handing over the workpiece or performing the work. Prior offers or cost estimates given by us are non-binding.

2.2 We reserve ownership and copyright in illustrations, drawings, calculations and other documents. This also applies to written documents designated as confidential. The customer requires our express written consent before passing them on to third parties.

2.3 If, during the repair, it becomes apparent that performing minor additional work is reasonable, in particular if only in this way the item's usability can be achieved, we are entitled to carry out such work at your expense.

§ 3    Performance of Repairs in Cases of Warranty or Guarantee

3.1 If you hand us a device purchased from us and invoke a warranty or guarantee claim, we are entitled to examine whether the conditions for such a claim exist. If the conditions are met, the provisions on warranty or guarantee from our General Terms of Delivery shall apply. If, after our examination, the conditions for a warranty or guarantee do not exist, we will inform you. In that case the repair will only be carried out if you place an order for a chargeable repair.

3.2 If you do not give us the order for the chargeable repair within 10 days, you are obliged to collect the device. The provisions on collection of devices after completion of the repair shall apply accordingly.

§ 4    Collection and Storage of Items for Repair

4.1 The return of the item to be repaired may only be made upon presentation of the repair order. We have an artisan's lien on items under repair in accordance with § 647 BGB. The release of the item for repair is therefore dependent on full payment of the repair invoice. If such a lien does not exist because you are not the owner of the item, we have a right of retention until our repair invoice has been paid in full.

4.2 You are obliged to collect the repaired item within 3 weeks of being notified of completion of the repair. At the end of this period the risk in relation to further custody of the item by us passes to you. In addition, we are entitled to charge for costs arising from the further storage of the item. After a further 2 months have elapsed, we are entitled to realise the item by way of a lien sale.

§ 5    Prices and Terms of Payment

5.1 The agreed price is decisive. Binding price information is generally given on the basis of a written cost estimate, in which all details and the materials required to produce the work must be listed individually with the price. We are bound by such a cost estimate if you place the order within 4 weeks of receipt of the cost estimate.

5.2 The remuneration is payable immediately after completion of the service and upon issuance of the invoice without deduction of any discount. The statutory provisions concerning the consequences of default in payment apply.

5.3 You are entitled to set off only if the counterclaim is undisputed, has been established by a final court decision or has been recognised by us. You are also entitled to set off if you raise complaints about defects or counterclaims arising from the same contractual relationship.

§ 6    Performance Time

If we have specified execution or completion periods and these have formed the basis for placing the order, such periods shall be extended in the event of strike and cases of force majeure for the duration of the delay.

§ 7    Warranty

7.1 We shall remedy any defects by subsequent performance. If subsequent performance fails, you may, at your option, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). This also applies if we seriously and finally refuse subsequent performance.

7.2 You do not have the right of withdrawal if the defect is insignificant.

7.3 The aforementioned warranty claims shall become time-barred one year after collection or dispatch unless we caused the defect intentionally or through gross negligence or fraudulently concealed the defect.

§ 8    Liability

8.1 If we are required to compensate for damage under the statutory provisions that was caused by slight negligence, our liability is limited. In such cases liability exists only for the breach of essential contractual obligations. Essential contractual obligations are those obligations which the contract intends to impose on us according to its content and purpose or the fulfilment of which makes proper performance of the contract possible in the first place and on whose compliance you regularly rely and may rely. This liability is limited to the typically foreseeable damage at the time of conclusion of the contract. The personal liability of our legal representatives, vicarious agents and employees for damages caused by them through slight negligence is excluded.

8.2 Insofar as liability for damages not based on injury to life, body or health of you is not excluded for slight negligence, such claims shall become time-barred within one year, beginning with the accrual of the claim or, in the case of claims for damages due to a defect, from acceptance of the work.

8.3 The limitation of liability under 8.1 and the shortening of the limitation period under 8.2 do not apply to damages resulting from a grossly negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, nor in cases of injury to life, body or health.

8.4 Regardless of fault, any liability of ours for fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected.

§ 9    Limitation of Our Own Claims

Our claims for payment of the contract price shall, deviating from § 195 BGB, become time-barred after 5 years. With regard to the commencement of the limitation period, § 199 BGB shall apply.

§ 10    Form of Declarations

Declarations or notifications of legal significance that you must make to us or a third party require text form.

§ 11    Choice of Law – Jurisdiction

11.1 This contract is governed by the law of the Federal Republic of Germany.

11.2 The exclusive place of jurisdiction for contracts with entrepreneurs, legal entities under public law or public-law special funds is the court responsible for our place of business.