Terms and Conditions of medianet

[Mn] medianet
Inh M. Hermsen
On Taub House 29
D 63303 Dreieich
Fon: +49 (0) 6103/69 77 84
Fax: +49 (0) 6103/69 77 85

I. Scope

(1) Our offers, deliveries and services are subject to these terms and conditions. They are recognized by the order or acceptance of the goods or services. Any terms and conditions of our business partners is strictly prohibited.
(2) Any agreements require our written confirmation.

Offer and appointment

(1) Our offers are subject to change. A contract is only with our written order confirmation, but no later than by acceptance of delivery by the customer.
(2) We reserve the right to offer the required documents at one property and copyright. Disclosure, publication, copying or realization by third parties are not permitted.
(3) The guaranteed by the manufacturer Product characteristics are only binding if they are expressly confirmed by us in writing. The same applies to supplements, agreements or side agreements of the seller.
(4) The Seller's sales personnel are not authorized to give oral agreements or oral assurances that go beyond the content of the written contract.

III. Deliveries and delivery deadlines

(1) dates and deadlines are not binding. Exceptions require our written confirmation.
(2) Delivery and service delays due to force majeure and due to events that complicate the seller's performance significantly or impossible (eg strike, lock-out, inability to deliver, official orders), even if they occur at the Seller's suppliers, the seller also has not responsible if binding delivery periods and deadlines. They entitle the Seller to postpone the delivery date accordingly or to withdraw because of the unfulfilled contract in whole or in part.
(3) If the disability lasts longer than 12 weeks, the seller is entitled to a reasonable grace period to withdraw from the contract not yet fulfilled. If the delivery time or will the seller from his obligation, the buyer shall have no claim for damages. In the said circumstances, the seller may rely only if he notifies the buyer immediately.
(4) The seller is entitled to make partial deliveries and partial services. (5) The minimum order value for registered dealers and resellers is € 2000, -.

IV transfer of risk

Shipping is at the expense and risk of the purchaser. The risk passes to the buyer when the goods leave our warehouse.If the shipment without fault of the seller is impossible, the danger with the notification of readiness for shipment to the buyer.

V. Prices and payment

(1) The prices are - unless otherwise indicated - in € (EURO).
(2) The prices are valid at the specified date from stock in Germany, plus the statutory value added tax, plus shipping costs and, if applicable, COD fees. Depending on the shipping method to calculate the shipping costs depending on size, weight and number of packages.
(3) Our invoices are due and payable net without deduction. A payment shall be deemed made ??when MerdiaNet Inh M.Hermsen can dispose of the amount.
(4) In case of delay in payment, we are entitled to charge default interest at the rate of 8% above the base rate of the ECB discount Transition Act.
(5) If the buyer refuses the acceptance of the goods ordered, we can either insist on acceptance or charge up to 50% of the purchase price as compensation, the proof that no damage or less damage has occurred, the Buyer remains.

VI. Retention of title

(1) The goods remain our property until payment of all claims.
(2) The buyer is entitled to resell the reserved goods in the ordinary course of business; however, he assigns to us all claims against his customers or third parties arising from the resale in the amount of our invoice price including sales tax to us. In breach of contract (especially payment arrears) we are entitled to take back the goods; therein does not constitute withdrawal from the contract, unless we have expressly declared in writing.
(3) Changes to the goods are inadmissible to the extent they are still our property. If this happens, then the property extends to the newly created goods.

VII patents and copyrights to shift patterns, drawings, designs, descriptions and similar documents we retain ownership and copyright. These documents may be returned without our written consent neither be copied nor third parties on a different path and are made ??available to us on demand.

VIII warranty

(1) We ensure that we deliver products are free from material and manufacturing defects, the warranty claims shall expire 24 months after delivery and are not transferable. Further warranty obligations of the manufacturer require our written confirmation.
(2) are excluded from the warranty: defects or damage due to operational wear and normal wear and tear, surgery, repair or attempted repair of the buyer or non-authorized third parties, improper use, operation errors, and incorrect or faulty software. Replaced parts become our property.
(3) The warranty is limited at our option to replacement or repair. The removal of defects shall meet at least three times unsuccessful, the purchaser can demand cancellation or reduction.
(4) submissions of rejected goods will be free shipped by the seller only einzuholender and enclosed with us return number, proof of warranty, as well as more specific error description in appropriate packing for repair, accepted and processed.
(5) If the examination of a defect indication that a warranty claim does not apply, we are entitled to pass on the cost of inspection and repair at our current general service conditions to the buyer.
(6) All repairs are made ??to a place of our choice, usually in Dreieich.
(7) For the performance and suitability of the delivered software and / or hardware with the respective hardware and / or software the buyer is not guaranteed.
(8) Conversion of opened software or already-used hardware is not possible.

IX.Haftung claims for damages of any kind, in particular for any incidental or consequential damages are excluded, except in cases of willful misconduct, gross negligence, or the absence of warranted characteristics.The same applies for the loss of data.

X. Use of Customer Data <

We are entitled to all of the data relates to the transactions with the buyer to process according to the Federal Data Protection Act

XI. Effect, place

(1), only the law of the Federal Republic of Germany for these terms and conditions and the entire legal provisions between seller and buyer.
(2) The export of products supplied to us subject to the foreign trade regulations of the Federal Republic of Germany.The buyer is responsible for compliance with the relevant rules.
(3) Place of performance for our deliveries and services as well as payments from the buyer is Dreieich.
(4) Should the foregoing terms and conditions be partially invalid, the remaining provisions shall nevertheless remain valid. Invalid provisions shall be replaced by valid provisions that come closest to the intended purpose.

Additional clause for resellers

XII. Prerequisite for inclusion in the Dealer Directory

(1) existence of a valid business registration of the applicant. The key is the date of registration with the competent local authority.
(2) The notified operation must be unique industry-related. Completely non-industry applications will not be accepted.
(3) The owner must be at least 18 years old.
(4) Liability of GWAS owner.
(5) delivery address and receiver must be noted on the GWA or any representative authorized by the owner of recipients are reported. The owner of GWA remains liable even if delivery to a third person of the society towards us because the delivery is done in his name.
(6) Deliveries are only made ??on delivery. On account will only be supplied against one, supplied by the dealer, proof of solvency with the current date. We follow here the right to seek further information and to reject the application on the delivery invoice.
(7) Warranty claims and complaints have to be awaited in the usual Reklamationsweg from the manufacturer.
(8) Our general service and maintenance conditions