The products offered by JenCam GmbH are only delivered according to these terms and conditions:
The placing of an order includes the acceptance of our delivery and payment terms. Provided information concerning delivery times are only approximate and non-binding. Delayed delivery shall not entitle the customer to compensation for damages unless it is based on intent or act of gross negligence. JenCam GmbH reserves the unrestricted right of ownership and copyright exploitation of quotations, drawings and other documents; they may only be made accessible to third parties after prior written approval by JenCam GmbH.
Drawings and other documents belonging to offers must be returned immediately upon request if the order is not placed with JenCam GmbH. This also applies to the inverse case for purchaser's documents. However, these documents may be made accessible to third parties to whom JenCam GmbH has permissibly transferred deliveries and services.
Delivery takes place in the sequence orders are received and within the scope of the respective credit amount of the customer. No liability is assumed for delays due to force majeure, operational or transport delays. Should technical improvements be introduced after acceptance of orders, JenCam GmbH reserves the right to deliver the improved products.
Additional agreements are only valid based on written confirmation. Goods may not be returned for credit note.
The customer acknowledges that software is complex and not completely error-free. We do not guarantee the faultlessness of software. The customer shall be entitled to use the software in the acquired number of authorizations.
Our prices are quoted in Euro, inconterms EXW Jena. All orders are invoiced at the prices and conditions valid on the day of delivery. Price increases between order placement and delivery result in the customer’s right of withdrawal if this is declared immediately after knowledge of revised prices.
The shipment of goods is carried out on account and risk of purchaser. Risk of loss or damage to the products including any repaired or replaced items passes to the purchaser once the goods have left JenCam GmbH location. At customer’s request and costs, we shall conclude a transport insurance.
Invoices of JenCam GmbH are payable with 2% discount within 10 days and net within 30 days after delivery and invoicing. In order that a payment is considered on time JenCam GmbH must be able to dispose of the credited amount without restrictions. From due date, JenCam GmbH has the option of charging default interest of 3 % about the respective valid discount rate, without negative impact on the possibility of claiming higher actual damages.
All delivered goods remain property of JenCam GmbH until the full payment of all claims of the order have been satisfied. Before complete payment the buyer may only deliver and sell the goods delivered by us to third parties in the normal course of business. In the event of the resale of the delivered goods, the purchaser hereby assigns to us his claim arising from the resale of the reserved goods - we accept this assignment. The conclusion of delivery contracts does not constitute a claim to the conclusion of further contracts of this kind.
The products have a 12 months limited guarantee from the date of transfer to the customer. The warranty only covers the repair of material and manufacturing defects. Further claims for compensation are excluded from guarantee. The guarantee loses its validity in the event of external intervention and damage caused by the use of external accessories. The customer has to inform us in writing about obvious defects or the absence of warranted characteristics within 7 days after receipt of the goods. Defects not be discovered during the inspection must be reported in writing immediately after discovery, at the latest within 12 months after receipt of the goods. We assume warranty for defects of our delivered goods for 12 months after receipt of the goods, either by repair, replacement or replacement of the reduced value. If the defect cannot be remedied or if we refuse to remedy the defect, we shall, at the customer's option, either deliver a replacement free of charge, refund the reduced value or take the goods back against reimbursement of the purchase price. Further claims for compensation which are not based on intent or gross negligence on our part are excluded.
Repairs must be sent in free of charge and shall only be carried out in our own workshop or in a workshop of our choice. On request, we will prepare a quotation. If the repair is not carried out, the cost estimate of Euro 15,- will be invoiced, plus postage, packaging and value added taxes. The return shipment takes place in each case with normal parcel post, special kinds of dispatch go at the expense of the client. On the executed repair we provide a guarantee of 6 months.
According to § 26 BDSG we advise that all data relative to our commercial relations will be stored.
Place of performance for delivery and payment is Jena.
Collateral agreements have not been made. Additional agreements further to these general terms and conditions, as well as the agreement of their cancellation or non-validity and the declaration of cancellation, reduction and termination have to be agreed by written note. This also includes any waivers of this requirement of written form.