General Terms and Conditions of Business of Dr. Steffan Datentechnik GesmbH (DSD)
Our general trading conditions are obligatory with mailing of your order.
General:
These conditions are the basis of all supplies and performances. At the latest with receiving the delivery or performance these conditions are considered as accepted. Opposing business and/or purchasing conditions of the buyer are accepted only if they are in written form. Special agreements as well as additions of the contract are legally ineffective, as far as they were not confirmed in written form by DSD.
If individual parts of these general trading conditions should be ineffective, the remaining regulations remain unaffected by that. The ineffective regulations have to be replaced by such, which achieve the intended economic purpose as exactly as possible in legally permissible way.
Offer and Contract:
Our offers are not-binding and noncommittal, depending on the delivery of the pre suppliers. A contract is binding after DSD confirms an order of the buyer in writing or electronically. Same applies to additions, changes or special agreements. Mass, designs and illustrations etc. are noncommittal. Improvements or changes of the performance is permissible, as far as they are reasonable for the buyer with consideration of the interests of DSD and, related to the performance agreed upon so far, equivalent. With service and development orders a written date promise applies as noncommittal arranging date, except the date was confirmed as obligatory. An order delivered by the buyer is binding. DSD is justified to accept this order within two weeks by sending an order confirmation.
Cancellation / Withdrawal from Contract:
The buyer can recall the contract in writing (also by E-Mail) or by return of the goods within two weeks after receipt of the goods. The notification of cancellation has to be sent to g.steffan[at]dsd.at. A right of cancellation does not exist at CDs, video cassettes, DVDs or software, which were unsealed by the buyer.
Transport costs are replaced only for the return of justified complained goods. For the sending of packages at DSD the buyer carries the danger, as far as it does not concern thereby the return of unsatisfactory goods.
Prices:
All prices are exclusive of the value added taxes. DSD is bound fifteen days to the offered prices from date of offer.
Applicable Law:
The laws of Austria shall apply to all legal relations arising in connection with this contract. 4020 Linz Austria shall be the venue for all legal disputes arising from this contract
Property:
DSD keeps itself the property at the supplied goods and performances up to the complete payment of all demands. With current calculation the reserved property applies as safety device of the demand for balance.
Warranty:
The guarantee period for all products supplied by DSD is 24 months. It starts with the day of the delivery of the goods to the buyer.
In case of lack of the delivery article, DSD is justified to improve the incorrect delivered article or to supply again after DSDs choice. Repeated rework is permissible. If the rework is done and this is not feasible, the buyer agrees with a replacement. The buyer is entitled when failing the first rework or replacement to require for own choice the reduction of the purchase price or the cancellation of the contract.
The buyer must inform DSD about obvious lack immediately, however at the latest within fourteen days starting from delivery, in writing. If the buyer does not follow this obligation, warranty claims because of obvious lack are impossible. In case of any obvious lack the buyer is obligated to send back the incorrect goods to DSD in original packaging, with an exact error description and a copy of the invoice.
If the buyer does not follow substantial operating or maintenance recommendations of DSD then any guarantee is void. The guarantee is exclusively limited to the repair or the exchange of the damaged delivery articles. With suspicion on transport damages or on missing goods the packaging is to be kept.
Software and data medium:
The software and data CDs/DVDs are protected by copyright laws, international treaty provisions, and all other applicable national laws. The buyer may not copy the product manual or written materials accompanying the software. The software and data CDs/DVDs are single user products.