Terms and conditions
The following conditions are component parts of the contract in mutual consent; they have priority over the client´s deviating purchasing or other conditions. Deviations, changes, as well as special covenants, must be presented in written form.
The following delivery and payment conditions apply to all business transactions, especially all future business transactions, even if they are not expressly mentioned. These are finalized except when differing conditions have been agreed upon in written form. The acceptance of delivery or partial delivery certifies that these delivery and payment conditions have been accepted.
Image Engineering GmbH & Co. KG (IE) reserves the right, if not otherwise agreed upon, to name the customer as a reference.
With a sent purchase order, the buyer agrees that all information provided to Image Engineering GmbH & Co. KG will be stored and used for IE-marketing purposes. The buyer further agrees that IE is allowed to send information on the newest products either per email or mail. IE is also permitted to use the buyer’s information for further advertisement and sale activities.
IE reserves the right to deny service to anyone without a given reason.
Offers are always non- binding. A contract is binding once a written order confirmation form is sent. If the client does not receive an order confirmation prior to delivery, then the contract becomes binding when the delivery company hands over the products. Offers and the acceptance or confirmation of orders are governed by the reservation of timely and satisfactory self-delivery. We reserve the right to withdraw from the contract if the self-delivery is not sufficient after a time limit of 14 days.
Shipping deadlines are approximate. Early delivery is allowed. We reserve the right to send partial deliveries. Should the delivery of the articles be delayed, then a grace period of at least 14 days can be set. The timely sending of the articles is seen as adhering to the grace period. In the case of nonfulfillment on the part of the client, we can claim for accrued damages. Damage claims due to late delivery are eliminated in as far as the lateness was not based on intent or negligence on our part. The client must immediately inform us in written form if apparent false or incomplete deliveries including obvious defects that have occurred; otherwise, we are freed from defect liability.
TRANSPORT AND RISK
We reserve the right to choose the transport means and route. We deliver only within Germany through cash-on-delivery (COD) with the cost and risk going to the company that placed the order. In as far as eventual transport damage is not insured by the transportation company, the articles can be insured through us after remuneration of the extra costs.
The delivery articles remain in our possession until the payment has been made in full. Eventual copyright or similar protection rights for the delivered article remain ours. Only user rights are passed on to the client in an agreed framework.
PRICE AND PAYMENT
If not otherwise stated, our prices are in € and are printed excluding the current VAT. In as far as delivery with an invoice was agreed upon, payment is due within 14 days after receiving the invoice. For customized products, prepayment is mandatory. General payment terms can be extended for 5% of the total purchase order amount by 30 days. Late payment will result in a 5% fine of the total order value and prepayment for at least one of the next orders.
For customized products, cancellation opportunities are limited or even not possible. Cancellation is not possible for products that have been produced for a specific order. All orders can be canceled free of charge within 48 hours after confirmation was sent. After 48 hours of a confirmed order, 25% of the total value from the canceled products, which have not yet been produced or are not customized, has to be paid as an insourcing fee.
All sales of software are final. Terms and conditions for a single software can be found under www.image-engineering.de. Demo dongles have to be returned 4 weeks after the trial version has expired, otherwise, a fee of 150€ will be considered as agreed upon.
Deliveries use standard package material appropriate to the articles.
The legal guarantee deadlines apply. We provide a 12-month guarantee for all hardware devices unless other specified conditions have been agreed upon in writing. The guarantee is limited to our judgment of improvement or substitute delivery. The purchaser has the right to claim cancellation (rescission of sale) of the contract or the reduction of the sales price (abatement) when the improvement or the substitute delivery has failed. This applies to all explicit items and articles which have an individual price as an independent entity; the rescission of sale or abatement can only be claimed in this form. Liability is limited to the agreed-upon sales price. Liability for eventual damage due to defects, especially claims for lost earnings, are eliminated unless we are not charged with intent or negligence.
The following points are to be taken into consideration for the applicability of guarantee claims:
a) The delivery documents and invoices are to be included.
b) The article of the complaint is to be presented to us with a detailed defect description.
c) Defects that occurred due to incorrect handling, storage or return do not apply to the guarantee claims.
d) Defects which occurred due to third-party influences cannot be charged to us and thus do not apply to the guarantee claims.
e) The transportation company must be informed immediately in the case of transportation damage.
BUSINESS HEADQUARTERS AND LEGAL VENUE
Cologne, Germany is the business location for all obligations in the contractual transactions. Cologne, Germany is also the legal domicile for all disputes arising from this contract as well as its development and processing.
Please note: This document is a translation of the German document "Allgemeine Liefer- und Geschäftsbedingungen" from the company Image Engineering. The German version of this company´s Standard Terms and Conditions is the legally binding document.