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raantec GmbH & Co. KG
Nienkamp 21
33829 Borgholzhausen
Germany

Phone: +49 5425 9540-0
Fax: +49 5425 9540-60

Legal form:
Limited partnership with head office in Borgholzhausen

Place of jurisdiction:
Gütersloh HRA 4866

Tax number:
351 / 5762 / 0535

Vat eg. No.:
DE 225 186 805

Limited libility company:
raantec Beteiligungs-GmbH

District Court:
Guetersloh Commercial Register 5413

Managing Directory:
Ansgar Jahn, Jens Teichmann, Andreas Voigt

 

Concept & realisation
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info(at)carpe-7-diem.com

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General Terms and Conditions of Business

Your contract and contact partner is

raantec GmbH & Co. KG (hereinafter raantec)
Nienkamp 21
33829 Borgholzhausen
Germany

Phone: +49-5425 – 95400
Fax: +49-5425 – 954060
E-Mail: Ansgar Jahn 

represented by the Managing Directors Ansgar Jahn, Jens Teichmann, Andreas Voigt.

1. Scope of Terms and Conditions of Business

1.1
Sales, deliveries and services of the company raantec to the customer are made exclusively pursuant to these General Terms and Conditions of Business. The customer shall declare his agreement with these General Terms and Conditions of Business no later than receipt of the goods/services.

1.2
The object of these General Terms and Conditions of Business is the sale (including instalment sale – if the company raantec permits an instalment purchase) of any type of goods by the company raantec, in particular hardware, in addition to all accessories as well as all standard software including operating systems.

2. Offer  and Conclusion of Contract

2.1
Offers of the company raantec are always subject to confirmation and non-binding.

2.2
The order by the customer represents a non-binding contractual offer, to which the latter is bound for the duration of 14 days from receipt of the order at the company raantec.

2.3
The agreement shall only come into effect through the written/electronic order confirmation by the company raantec, e.g. by email, fax.

3. Subject Matter of the Agreement

3.1
The content and scope of the service provided by the company raantec result exclusively from the written/electronic order confirmation. In particular, figures descriptions or advertising statements such as quality, performance and nature indications on the Internet site are only to be regarded as approximate. In no case do such figures, information and advertising statements represent assurance of properties, unless they are exclusively identified as such in writing by the company raantec in the order confirmation.

3.2
The company raantec reserves the right to make minor deviations from product data as well as improvements and extensions, insofar as they are not unreasonable for the customer.

4. Prices

4.1
Product price information is understood as excluding value added tax from the warehouse in Borgholzhausen. Not included in the price are costs for packaging and shipment, in particular postage, freight and delivery fees or other ancillary services, such as training, installation or maintenance. The customer can find the packaging and shipping prices are in the separate packaging and shipping price list.

The company raantec is entitled but not obliged to conclude a transport insurance policy at the request and expense of the customer.

5. Payment Modalities

5.1
Payments are due no later than within 14 days from the date of invoicing without deduction of payments. Payments to the company raantec shall only be deemed to have been made once the company raantec is in possession of the amount.

5.2
If the customer enters into payment arrears, the company raantec is entitled to demand interest to the amount of 4.5 % p.a. above the respective base interest rate pursuant to the Bank Rate Transfer Act upon coming into effect of the delay. The company raantec reserves the right to prove evidence of higher delay damages caused by delay. The customer is entitled to demonstrate to the company raantec proof of lesser damages caused by delay.

5.3
Bills of exchange and cheques are only accepted on account of performance and free of costs and expenses for the company raantec.

5.4
An offsetting against purchase price claims is only possible for the buyer with the counterclaims recognised by the company raantec or legally valid counterclaims.

A right of retention can only be enforced by the customer if his counterclaim is based on the same contract and is deemed to be undisputed and legally valid. In the case of current business relations, every order is regarded as a separate contractual relation.

5.5
All claims of the company raantec, including those for which bills of exchange or cheques have been accepted or instalment payments agreed, shall become fully due immediately if the customer falls into arrears with a due payment or if significant deteriorations to the financial circumstances of the customer become known to the company raantec after conclusion of contract. The company raantec shall then be entitled to only make outstanding deliveries or services against prepayment or against securities. If the prepayment or securities have also not been made after expiry of a granted, reasonable period of grace, the company raantec can withdraw from individual or all relevant agreements in whole or in part.

The company raantec is at liberty to enforce further claims.

6. Delivery/Service Time, Partial Delivery

6.1
Delivery schedules or periods which can be agreed bindingly or non-bindingly require the written form and are included in the order confirmation. Binding schedule information is also to be understood by the customer as approximate times, unless otherwise agreed, and begins from the date of the order confirmation onwards.

6.2
After expiry of the binding delivery or service periods/schedules, the customer must grant the company raantec a reasonable period of grace in writing / electronically with the declaration of declining acceptance of the service after expiry of this period. Damage compensation claims are excluded, unless otherwise results from section 12.

6.3
Binding delivery / service periods and schedules shall be reasonably extended for the company raantec in the event of force majeure (e.g. natural catastrophes, illnesses) and other such obstacles beyond the responsibility of the company raantec, such as lockouts, strike or operational disruptions both at raantec's own plants as well as at supplier or manufacturing companies. This shall also apply if such hindrances only occur if the company raantec is already in delay.

6.4
The company raantec does not have to avouch to the customer in the event that a supply by the company raantec is delayed or is not made if a supplier or manufacturer carefully selected by the company raantec is responsible for this circumstance.

6.5
The company raantec is entitled to make partial deliveries at any time, unless the partial delivery is not economically viable or is unreasonable for the buyer.

Permissible partial deliveries are deemed to be independent services, in particular for payment / warranty obligations and the passage of risk.

7. Passage of Risk

7.1
The risk shall pass to the buyer as soon as the shipment has been transferred to the person executing the transport or has left the Borgholzhausen warehouse for the purpose of shipment or a person commissioned by the company raantec.

7.2
If the shipment is delayed at the request of the customer, the risk shall pass to the customer upon indication of shipment readiness by the company raantec.

8 Retention of Title, Processing, Mixture

8.1
Until full payment of the ordered delivery, the company raantec shall retain ownership of all objects (products subject to retention of title) supplied within the framework of this agreement. Before transfer of the ownership, the buyer is obliged to only possess the product subject to retention of title with the prior consent of the company raantec.

8.2
In the case of distraint or other interventions by third parties, the customer must draw the attention of third parties to the ownership relations and immediately notify the company raantec in writing. The customer must bear the costs for defensive measures which arise in conjunction with such an intervention of the company raantec or otherwise.

8.3
The enforcement of the retention of title as well as the distraint of the product by the company raantec is not deemed to be a withdrawal from the agreement.

8.4
A processing or conversion of the product subject to retention of title by the customer is always carried out for the company raantec. If the purchase item is processed with other objects not the property of the company raantec, the company raantec shall thus acquire the joint-ownership of the new item in relation to the value of the purchase item to the other processed products at the time of the processing.

8.5
If the product subject to retention of title is mixed with other objects not the property of the company raantec, the company raantec shall thus acquire the joint-ownership of the new item in relation to the value of the purchase item to the other mixed item at the time of the mixing. If the item of the buyer initially not belonging to the company raantec is to be regarded as the main item, the ordering party must therefore transfer the joint ownership proportionally to the company raantec.

8.6
The company raantec is obliged to release the securities to which it is entitled at the request of the customer to the extent that the value of the securities exceeds the claim to be assured by more than 15 %.

9. Warranty

9.1
The customer shall examine the supplied goods immediately after receipt for signs of transport damage or differences in quantity. Obvious defects must be reported to the company raantec in writing / electronically immediately, but no later than within 14 days after delivery.

9.2
The warranty period for defects that are not obvious is 24 months pursuant to section 438 of the German Civil Code from delivery of the goods. If the goods are used in multiple shift operations, the period shall be reduced by 12 months.

9.3
The warranty claims of the customer –  also in case of the absence of an assured property – are initially restricted to reworking or replacement delivery at the expense and according to the choice of the company raantec.

9.4
In the case of a notice of defects, the company raantec shall demand, at its costs and according to its choice, that

a)    the customer keep the defective product or the unsatisfactory service ready and enable the company raantec to carry out an inspection of the goods and reworking or substitute delivery during normal business hours.

b)    the defective product be submitted to the company raantec for inspection and rectification of the defect or defects; the customer is obliged in this case to send in or deliver the defective product together with an exact fault description with indication of the article number, model number or serial number and a copy of the delivery note to the business address of the company raantec indicated above.

9.5
In the case of section 9.4. b) the customer is obliged, at the request of the company raantec, to insure the defective goofs for the transport at its own expense.

9.6
If a reworking or replacement delivery ultimately fails within a time frame deemed to be reasonable to the customer, the customer has the right to claim optionally a reduction of the purchase price (abatement) or rescission of the agreement (cancellation).

9.7
The warranty claim shall cease to apply if

a)    technical original characteristic features are altered or removed

b)    contractual goods are stored, installed or used improperly by the customer or by third parties,

c)    repairs or product modifications are carried out independently by the customer or a third party, in particular if devices are opened, parts replaced or consumable materials used which do not correspond to the original specifications.

If the customer demonstrates in the cases cited under b) and c) that the circumstances indicated there were not the original cause of the defect, the warranty claims shall remain applicable.

9.8
Insignificant discrepancies of colour, dimensions and / or other quality or performance features, in the same way as normal wear and tear of the products do not provide entitlement to any warranty claims.

9.9
If an inspection of the notice of defects reveals that there is no warranty case, the costs for inspection or repair services as well as any arising travelling expenses can be invoiced to the customer for the respectively valid offset rate for individual orders of the company raantec.

10. Spare Parts, Reworking

Replaced parts/products shall return into the ownership of the company raantec.
 

11. Third-party Software

For third-party software supplied but not produced by the company raantec, the licensing terms and guarantees enclosed with this third-party software of the respective software producers which the customer accepts upon putting into use the software shall apply. 

12. Liability

12.1
Unless otherwise results from the sections below, the company raantec shall only be liable for damage of the customer, but not always in such case, insofar as this has been caused by the company raantec or its vicarious agents in a wilful or grossly negligent manner. This limitation of liability applies for all damage compensation claims, irrespective of whatever legal reason, in particular also for liability from the agreement, on account of impermissible actions, positive violation of contract and fault during contractual negotiations.

12.2
The company raantec shall be liable unrestrictedly for damage to persons and liability pursuant to the Product Liability Law. The liability limitation pursuant to section 12.1 also does not apply for damage which results on account of the absence of expressly assured properties insofar as the assurance has precisely intended the assurance of the customer against the damage that has occurred.

12.3
For the violation of essential contractual obligations (cardinal duties), the company raantec shall also be liable for minor negligence, but only to the amount of the contract typical damage reasonably foreseeable.

12.4
In the case of data or program losses, the company raantec shall only be liable to the extent of the damage which would not have been avoidable through reasonable precautionary measures by the buyer, in particular through the daily creation of backup copies of all data and programs.

13. Obligation to Data Backup

The customer is obliged to back up data and programs at regular intervals, but no later than once a day, so that these can be restored at justifiable expense in the event of a loss.

14. Secrecy, Data Protection

14.1
The customer is obliged to keep confidential, for an unlimited period of time, all information disclosed to him within the framework of the business relationship, which is designated as confidential and is recognisable as business or operational secrets of the company raantec on account of other circumstances, and – insofar as this is not necessary for fulfilment of the purpose of the agreement – to neither record this nor disclose it to third parties nor utilise it in any way whatsoever.

14.2
The company raantec reserves the right to use data obtained from the customer for company-internal marketing purposes, in compliance with the regulation of the German Federal Data Protection Act. With the approval of the customer, the data can be utilised in particular for the sending of advertising material by email, fax or postal means to the customer. The customer is also entitled at any time after declaration of agreement to contradict usage by a written / electronic notification to the company raantec.

15. Final Provisions

15.1
Deviations, changes and supplements to the agreement and the General Terms and Conditions of Business always require the written form. This also applies for this written form requirement.

15.2
The cession of all claims from the contractual relations by the customer, in particular of warranty and guarantee claims, requires the prior written approval of the company raantec.

15.3
This agreement is exclusively subject to Germany law.

15.4
In the case of ineffectiveness of one or more provisions of this agreement, the effectiveness of all other provisions shall remain unaffected by this.

Borgholzhausen, dated 01.01.2008

Ansgar Jahn
(Managing Director with Sole Power of Representation)