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  Conditions of Use

Terms and Conditions

1. Prices and incidental costs

All prices are exclusive of value-added tax plus additional costs such as packaging, shipping, insurance costs and cash on delivery. The prices quoted are valid only in the Onlineshop.

2. Transfer of risk

The risk of accidental loss is transferred to the commercial customer by transfer to the carrier.

3. Withdrawal from the contract

Anel-Elektronik AG may withdraw from the contract if the customer has made incorrect information during the order, which were of importance for the conclusion of the contract for Anel-Elektronik AG. In particular, this shall include the name, age and address of the customer. Any further rights of Anel-Elektronik AG remain unaffected.

4. Maturity of remuneration

The purchase price including all additional costs is due immediately, at the latest upon delivery. Payment shall only be deemed to be timely if the entire amount has been received without deduction from Anel-Elektronik on the due date.

If the customer is in arrears with the payment, Anel-Elektronik AG is entitled to demand interest on arrears in the amount of the statutory interest. We reserve the right to assert higher damages.

5. Right of Retention, Offsetting

5.1 Anel-Elektronik AG is entitled to withhold services if the customer is in default with payments, or Anel-Elektronik AG has the suspicion, which is based on facts, that the creditworthiness of the customer is doubtful.

5.2 Anel-Elektronik AG is entitled to offset payments made by the customer against all remaining claims which still exist, including costs and interest claims, irrespective of the legal basis.

5.3 The customer can only set off claims which are undisputed or legally established. The customer is only entitled to retention rights on the basis of claims arising from the same contractual relationship.

6. Warranty

If defects occur during the legal warranty period of 24 months, the customer first gives Anel-Elektronik AG the opportunity to remedy the defect (max. 2 times). Anel-Elektronik AG may also make such an offer by way of replacement delivery. If the subsequent improvement or replacement delivery does not lead to the lack of the goods, the customer shall set a reasonable period of time to remedy the defects. If this deadline expires, without the remedied defects being remedied, the customer may, at his discretion, demand a reduction of the remuneration or cancellation of the contract. There is no warranty claim on wear parts and consumables. A warranty claim exists only if a manufacturing defect is present. The content of software errors must be reported to the manufacturer of the software and must be reported there. It is known to the purchaser that errors can not be ruled out in the case of software deliveries according to the prior art. Accordingly, Anel-Elektronik shall not be liable for damage to property or property resulting from the use of the software, including resulting consequential damages.

7. Liability

Anel-Elektronik AG is liable:

7.1 unlimited for intent and gross negligence also of its executive employees and legal representatives as well as for serious organizational fault, lack of rights and the absence of assured characteristics,

7.2 limited to the typical and foreseeable damage for the culpable violation of essential contractual obligations (cardinal obligations), for initial inability, delay and impossibility unless a case of clause 7.1 is present,

7.3 not for slight negligence, unless a case of point 7.2 is present.

The liability under the Product Liability Act shall remain unaffected.

7.4 Data backup is the responsibility of the customer.

7.5 The customer has to accept a contributory fault.

7.6 Open software packages are excluded from the exchange.

8. Notification of defects

The customer has to examine the supplied purchase item for completeness, lack of freedom and transport damage.

The customer has to inform the transporter and Anel-Elektronik without delay of transport damage, since this could lose replacement claims.

The customer must notify obvious defects in writing within two weeks of delivery. If the customer fails to meet this deadline, he loses his warranty rights with regard to the obvious deficiencies which have not been notified.

9. Proprietary reservation

The purchased item remains the property of Anel-Elektronik until full payment of the purchase price. Section 4 sentence 2 shall apply mutatis mutandis.

10. Special provisions regarding the use of software

10.1 Priority shall be given to the rules of use which were pointed out in the online offer.

10.2 The customer undertakes to comply with the provisions on the use of the goods (if applicable, those of the manufacturer or authorized person).

10.3 In addition, the customer only receives a simple right of use to simultaneously use the program in one workplace. The customer may only reproduce the software as far as this is necessary for the contractual use of the software. This includes installing on a single workstation, making a security scan, and loading it into memory.

10.4 Software and magazines are excluded from the exchange.

(Exception: Unopened and original packaging, not unsealed)

11. General information

11.1 The law of the Federal Republic of Germany shall apply. The applicability of UN purchasing law is excluded.

11.2 If the customer is a merchant, the court of jurisdiction shall be Düsseldorf.

12.3 General terms and conditions of business of the customer are not accepted. The parties agree that the customer's general terms of business or other subsidiary agreements do not exist.

12.4 Should one or more provisions of this Agreement be invalid, this shall not affect the validity of the Agreement. The parties agree to replace an ineffective provision with an effective provision which is as close as possible to the economic purpose pursued by the invalid provisions.

The same applies in the event of a gap in this agreement which is required for a regulation.

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8901712 Accesses since Mittwoch, 10 Mai 2006