General terms of business
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TERMS OF SERVICES
The general terms and conditions of NB IT Support apply to all services and other business dealings with NB IT Support. Deviating terms and conditions of a contracting party shall not be recognized and shall be deemed to be rejected, unless otherwise agreed in writing.
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OFFERS / PRICES
Offers of the NB IT Support are binding for the duration of 14 days since receipt of the offer. The acceptance of an offer after this fourteen-day period can be rejected and in case of doubt are considered a new offer against NB IT-Support. If the contract partner of NB IT-Support specialist is the content of the contract in any case after the written order confirmation of NB IT-Support, unless this is immediately contradicted. NB IT Support is entitled to demand an appropriate price adjustment for NB IT Support services, which are provided for more than one month after conclusion of the contract, if wage or other costs have increased in the meantime. If the contracting parties can not agree on a price adjustment, each side is entitled to withdraw from the contract by mutually exclusive exclusion of claims for damages.
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PAYMENT / DEFAULT
Payments to NB IT support are due no later than seven days after receipt of the invoice. Small orders up to 500, – €, repair, maintenance and rental charges are payable immediately net; the same applies to other long-term incapacity. Checks and bills of any kind are accepted for the sake of performance only. Travel expenses and travel kilometers will be charged.
In case of default of payment of the customer, we are entitled to terminate the contractual services and to charge default interest at the rate of 5% above the base rate (§ 288 BGB) without further warning.
Discount, bank and bill charges will be borne by the contract partner of NB IT Support. Partial deliveries do not entitle the contractual partner of NB IT Support to withhold payments due until full delivery; In case of doubt this is obligatory.
A set-off against payment claims by NB IT-Support is only possible with claims expressly acknowledged or legally recognized by NB IT-Support. A discount coupon can only be credited if this is already presented or announced at the time of the order. The crediting of discounts is only carried out on services provided by NB IT-Support itself. Explicitly excluded are cabling work and data rescue and any kind of goods deliveries. Only one discount voucher or a percentage discount will be charged in each case, an accumulation is excluded.No further discount vouchers can be charged for prices which have already been reduced in a manner which is individually negotiable. If a discount voucher is issued for a percentage discount, this discount applies to works executed on a calendar day and performance venue. This is an order in the sense of a welcome discount voucher. Discount vouchers, which are denominated in Euro, can be charged at most once per quarter. Further regulations on the discount vouchers remain unaffected.
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OWNERSHIP / PERFORMANCE
The place of performance for deliveries of NB IT Support is the place of business of NB IT Support. Deliveries are made at the expense and risk of the customer. Supplies from NB IT support remain up to full payment including additional claims owned by NB IT Support. The resale or other burden, in particular pledging or safeguarding of the reserved goods, is inadmissible in the absence of a deviating written agreement.
Any breach of the right of NB IT support, in particular attachment, NB IT support must be notified in writing and in advance by telephone.
The information necessary to safeguard the rights of NB IT-Support must be given. NB IT Support sells the goods under extended retention of title when delivered to resellers. The reseller is entitled to resell the goods within the framework of regular business transactions, but only to final consumers.
Before resale, the reseller has the obligation to inform himself about the creditworthiness of the purchaser; In the case of justified doubts regarding the liquidity of the customer, a resale shall be omitted.If the goods are handed over to the buyer, the purchaser shall repay all claims arising from the resale to the customer, including any secondary claims and rights, in advance.
The reseller is authorized and obliged to collect the receivables in the ordinary course of business and to immediately transfer it to NB IT Support. The reseller shall insure the reserved goods against the usual risks at his expense; He already takes over the resulting claims for NB IT-Support. NB IT Support is entitled at any time to revoke the collection authorization and to disclose the assignment.
If the reseller is in arrears against NB IT support, the right to resell is void with regard to all goods and services supplied. The remaining stock of the reseller is to be issued to NB IT-Support upon request.
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WARRANTY / DAMAGES
In case of justified complaints, NB IT-Support has first the right to several improvements or replacement delivery. If attempts to remedy the defect are finally unsuccessful, the customer may, at his option, demand conversion or reduction.
Claims for damages only exist if NB IT-Support or the whole negligence is a burden. Natural wear and tear, damage caused by improper handling and / or use by the customer or third parties, the use of incorrect accessories as well as damage caused by alteration and / or processing and in the event of repair by bodies not authorized by NB IT Support Loads of the customer. Instead of the subsequent delivery or replacement delivery, NB IT-Support can assign own warranty claims against the supplier or / and manufacturer to the customer. Notification of complaints must be made immediately and in writing against NB IT-Support. The customer has to inspect the goods directly upon receipt for obvious defects. In commercial transactions, §§ 377, 378 HGB remain unaffected. A warranty period of used goods is one year.
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STANDARD SOFTWARE
In the case of delivery of standard software by NB IT-Support, the customer acquires a simple, but not an exclusive right of use. The same applies if the software is delivered together with hardware. Any isolated use and / or copying is prohibited, the software may only be used for the provided office machine and only sold together with it within the normal course of business.
If the delivery is in standard software, the manufacturer’s licensing provisions, which must be observed by the customer of NB IT Support, apply; the use rights granted by NB IT-Support do not in any case extend to the extent that the manufacturer license permits. At the request of NB IT-Support the customer is obligated at any time to inform about the type of use of the software. Any resale is to be reported without request. In both cases, the correctness of the information provided must be adequately documented, if necessary credible, § 294 ZPO. If the customer violates the aforementioned obligations, he is obligated to indemnify NB IT Support for damages in the amount of the resale price, but at least in the amount of the purchase price. This shall not affect the assertion of further damages claims by NB IT-Support.
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SPECIAL SOFTWARE / PROGRAM DEVELOPMENTS
For special software and program development, NB IT-Support grants the customer a simple, but not exclusive, right of use. The software may only be used by the Purchaser for the intended use according to the contract, in any case exclusively for its own purposes. Reproduction of the software is strictly forbidden.
A resale requires the prior written confirmation of NB IT-Support. The customer is not entitled to the announcement or / and the surrender of the source codes. In the event of an infringement, the Purchaser shall be obligated to pay compensation in the amount of the realized sale price, at least in the amount of the current sales price of NB IT Support at the time of the infringement.
The assertion of further damages claims remains unaffected.Any deficiencies in special software or program developments do not in any case justify the assertion of warranty or damage claims with regard to hardware and / or standard software delivered in this connection. This also applies to defects which may or may not be based on data generated or otherwise entered by the programs.
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REPAIR AND SERVICES
The service will be provided at the option of NB IT-Support at the location of the installation of the device or a workshop authorized by us. The valid price list applies to our services. The entry fee fixed in the price list is to be paid in any case and independently of the result. The costs for a cost estimate are to be reimbursed separately, unless otherwise agreed.
The same applies to packaging and shipping costs. Troubleshooting is working time. NB IT Support will be billed for the time. This also applies if an error correction can not take place if this is due to a circumstance which is not attributable to NB IT-Support. NB IT-Support can be charged only with intent and gross negligence.
The time expenditure shall be calculated in each case if:
- The contested fault does not occur during the check;
- A necessary spare part is no longer to be procured;
- The customer was not present at the agreed date;
- Or / and did not allow access to the devices;
- The order has been canceled, and NB IT support has already been on the way to the customer, and / or the order is canceled during execution;
- The working conditions for a circumstance to be represented by the customer are not properly given.
If the listed work shows defects, which can be attributed to intentional or grossly negligent behavior of NB IT-Support, then the client is entitled to demand free improvement.
Any further claims, irrespective of the legal basis, are excluded, unless NB IT-Support is proven intentional or gross negligence. This also applies to defects. NB IT-Support shall be liable for damages or loss of the items to be repaired or overtaken in the performance of the services, provided that these are based on gross negligence or intention of NB IT-Support.
In this case, NB IT Support will make repairs, replacements or compensation in cash. The compensation claim is in any case limited to the fair value of the item. Any further claims are excluded. Remanufactured parts and / or replaced parts will become our property without compensation, unless they are left to the customer. The customer is obligated to keep data backups regularly and to keep his security copies up-to-date (daily copies); for data loss or / and – changes NB IT Support does not assume liability. If the object of the order is not collected within 14 days after notification to the customer, the customer has to pay an appropriate storage fee according to the accounting.
After two months have elapsed, all obligations for further storage and also any liability for damage or loss of the thing. After the expiration of the two-month period, NB IT Support may sell the goods free of charge to cover own claims or costs against the customer, whereby any additional revenue is due to the customer. Remanufactured parts are to be disposed of as special waste and, in case of doubt, to be disposed of by the customer at his expense. Telephone consulting is working time and is billed according to the valid time list, unless a different agreement is made in writing. A consultancy contract for remote consulting is already in doubt by call of the customer with NB IT support.
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TRAINING AND CONSULTING
In case of training by NB IT-Support, the content of the course will be determined according to the state of the technology according to NB IT-Support. Details are anchored in a training contract.
Claims against NB IT support due to deliberation errors exist only with intent and gross negligence. In case of doubt, the customer is obligated to provide comprehensive and truthful information about the purchase, installation and / or changes to a device in the run-up to a consultation; otherwise, any claim for compensation ceases. A claim for compensation is also waived if the consultation is free of charge.
If a customer or his / her staff to be omitted does not attend one or more training courses, this does not affect the fee claim of NB IT-Support; the customer bears the risk of prevention. If the customer withdraws from the contract before carrying out the consultation and / or training, NB IT Support is entitled to 50% of the net contract sum, but a maximum of 5000, – € as a lump sum compensation claim. If the withdrawal takes place during the training / counsulting, this shall apply accordingly, provided that the part of the services provided is settled separately according to the stipulations in the contract.
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JURISDICTION
In the case of disputes over 5.000, – €, the district court of Munich is the court of jurisdiction for full-sale merchants, legal persons under public law, public special funds and contracting parties which do not have a general jurisdiction in Germany.
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PRIVACY POLICY
We would like to point out that your personal data are stored by EDP in order to ensure a proper business process. In accordance with § 26 I, 43 III BDSG, we hereby inform you of the storage or transmission of the personal data.
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FINAL PROVISION
Should one of these general terms and conditions be invalid, the effective regulation which most closely corresponds to the intended economic agreement shall be replaced by the effective one.
The invalidity of any provision shall not affect the validity of the remaining provisions.
AGB on December 2011