General terms and conditions
§1 - GENERAL
(1) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all purchase, work delivery, repair and maintenance contracts and other legal transactions between Blitzgeräteservice Bär, Götz Bär, Röntgenstraße 8, D-97295 Waldbrunn (hereinafter referred to as Blitzgeräteservice Bär) and its customers.
(2) Blitzgeräteservice Bär does not recognize any deviating general terms and conditions. They shall not become effective and shall not become part of the contract unless Blitzgeräteservice Bär expressly acknowledges them in writing.
(3) Blitzgeräteservice Bär reserves the property rights and copyrights to samples, cost estimates, drawings and similar documents; these may not be made accessible to third parties. The customer undertakes to disclose confidential information and documents of Blitzgeräteservice Bär to third parties only with the latter's consent.
§2 - SUBJECT MATTER AND CONCLUSION OF THE CONTRACT
(1) The subject of the contract is the provision of repair, maintenance, testing and other services for flash units and related electronic equipment.
(2) Insofar as the customer does not request a cost estimate and it is not a warranty or guarantee case, the customer makes a binding declaration to commission Blitzgeräteservice Bär to perform the repair service by submitting or sending in the object of the order. Blitzgeräteservice Bär accepts this order in which Blitzgeräteservice Bär processes the order.
(3) Warranty repairs will only be carried out upon presentation of the corresponding proof of purchase. The warranty conditions of the manufacturer apply. Warranty units must be shipped to Blitzgeräteservice Bär free and in good or original packaging. The manufacturers for which Blitzgeräteservice Bär handles warranty or guarantee repairs can be found on our website. Error descriptions are to be attached to the device submitted for repair.
§3 - COST ESTIMATES
(1) Blitzgeräteservice Bär will always provide the customer with a cost estimate at which price the work can be performed. The services rendered for the purpose of submitting a cost estimate will be invoiced to the customer according to the expenses incurred, as the necessary work listed below will be carried out in this context:
a. Disassembly or dismantling
b. Troubleshooting (troubleshooting time = working time), including necessary partial repair to determine the fault
c. Preparation of the cost estimate
(2) The costs for this will be credited to a later repair. If a new device is purchased, the cost estimate fee is waived.
(3) If interventions in the device are necessary for the preparation of cost estimates and major preliminary repairs have to be carried out for the exact determination of costs, rejected cost estimates will be charged on a pro rata basis according to the time required.
If no or only minor interventions are necessary, 0.5 hours of work will be charged. The hourly rate for Profoto devices is 96,00 € plus VAT, for all other manufacturers it is 87,00 € plus VAT and in each case plus shipping costs for the return shipment to the customer.
(4) The amount of the costs may deviate by up to 15% from the amount stated in the cost estimate, without Blitzgeräteservice Bär being obligated to inform the customer of this in advance, i.e. before the service is performed.
(5) Blitzgeräteservice Bär will inform the customer immediately if the cost estimate is significantly exceeded during the repair. If the customer subsequently decides against further execution of the repair, Blitzgeräteservice Bär will invoice the work already performed and parts used; the unit will then be returned unrepaired in the condition it was in when the repair was discontinued.
(6) Should Blitzgeräteservice Bär discover further defects requiring repair during the repair that lead to an increase in costs of more than 15%, the customer will be informed of this.
(7) In this case, the customer must inform Blitzgeräteservice Bär in writing within 5 working days whether this additional repair is to be carried out. If the customer rejects a repair of the additional defects or if he does not inform Blitzgeräteervice Bär within this period in writing/text form, Blitzgeräteervice Bär will carry out the repair only to the originally agreed extent.
(8) If the functionality of the device cannot be restored without the additional repairs, Blitzgeräte Service Bär will already inform the customer of this when informing the customer of the additional defect. If the customer rejects the further repair in this case, a repair as a whole cannot take place; the device will then be returned unrepaired in the condition it was in when the repair was stopped. In this case Blitzgeräteservice Bär will invoice the work already done and parts used.
(9) After submitting the cost estimate, the customer has 4 weeks to order the repair service. If the customer rejects the cost estimate or if no feedback is received from the customer within 4 weeks, the customer shall be obliged to collect the object of the order within a further 2 weeks after rejection or expiry of the 4-week period.
(10) If the customer is in delay with the collection (according to §3 (9)) of the order item, Blitzgeräteservice Bär will charge a storage fee of 20,- € plus VAT per month and order item or an unrepaired return will take place with charging of the fee of the cost estimate.
Costs and risks of storage or return shipment shall be borne by the customer.
(11) The shipping risk in the cases of §3 (7), (8) and (9.) shall be borne by the customer.
§4 - ACCEPTANCE/ SHIPMENT/ DEFAULT OF ACCEPTANCE
(1) Acceptance shall be made by the customer upon collection at the premises of Blitzgeräteservice Bär, unless otherwise agreed. In the case of shipment, the repair/maintenance/testing shall be deemed accepted if the customer does not assert any significant defects regarding the repair service in writing (by letter or e-mail) to Blitzgeräteservice Bär within 7 days of receipt of the device by the customer.
(2) The customer is obligated to pick up the object of the order within 2 weeks after receipt of the notification of completion and handing over or sending of the invoice. In the event of non-acceptance, Blitzgeräteservice Bär may exercise its legal rights.
(3) At the customer's request, the object of the order can be shipped to him. In the case of shipment, the shipment shall be insured at the customer's expense.
(4) The risk of accidental loss and accidental deterioration of the subject matter of the order shall pass to the customer as soon as the subject matter of the order has left the premises of Blitzgeräteservice Bär, even if partial deliveries are made.
(5) If the customer is in default with the collection of the order item, Blitzgeräteservice Bär will charge a storage fee of 20,- € per month and order item. Costs and risks of storage shall be borne by the customer.
(6) The customer shall be in default in particular if he culpably fails to pick up the order item within two weeks from receipt of the notice of completion and transfer of the invoice and Blitzgeräteservice Bär has thereupon requested the customer to pick up the item. The same applies to orders where advance payment is agreed upon prior to shipment of the repaired equipment and no payment is made.
§5 - REMUNERATION/ INVOICING/ TERMS OF PAYMENT
(1) When invoicing the repair, the repair price, spare parts used, materials, special services and, unless otherwise agreed, the costs of transport shall be shown separately. If the order is executed on the basis of a binding cost estimate, it shall be sufficient to refer to the cost estimate, whereby only additional work shall be listed separately.
(2) Remuneration shall always be net prices plus statutory value added tax (currently 19%).
(3) Remuneration shall be due for payment without any deductions within 2 weeks of invoicing at the latest. If the customer is in default, Blitzgeräteservice Bär is entitled to charge default interest in the amount of 5% above the respective base interest rate of the Deutsche Bundesbank. If the customer is not a consumer in the sense of § 13 BGB (German Civil Code), the default interest is 9% above the base interest rate.
(4) Complaints about the invoice amount or the workshop performance on the part of the Client must be made in writing no later than two weeks after delivery of the object to be repaired or after receipt of the invoice.
(5) Customer shall only have the right to set-off if its counterclaims arise from the same contractual relationship and have been legally established.
§6 - RETENTION OF TITLE/ CONTRACTUAL LIEN
(1) Blitzgeräteservice Bär retains ownership of all accessories and spare parts used until all payments from the respective contract have been received.
(2) Blitzgeräteservice Bär is entitled to a contractual lien on the object of the order due to its claim arising from the order (§647 BGB). The contractual right of lien can also be asserted due to claims from previously performed work, spare parts deliveries and other services, insofar as they are factually related to the subject matter of the order.
§7 - LIABILITY
(1) Blitzgeräteservice Bär shall be liable in accordance with the statutory provisions only for damages caused intentionally or by gross negligence by Blitzgeräteservice Bär, its legal representatives or vicarious agents. This does not apply to damages resulting from injury to life, body or health.
(2) In the case of simple negligence, and only in the case of injury to life, body or health or the violation of an essential contractual obligation, the fulfillment of which is necessary and required for the proper execution of the contract, the liability of Blitzgeräteservice Bär is limited in amount to the compensation of the foreseeable, typically occurring damage.
(3) As far as liability is excluded or limited, this also applies to the personal liability of Blitzgeräteservice Bär's employees, representatives, organs and vicarious agents.
(4) Blitzgeräteservice Bär is expressly not liable for the fact that the original condition of the item to be repaired can be restored after the cost estimate has been prepared.
(5) Claims of the customer due to material defects expire, as far as legally permissible, one year after acceptance of the object of the order. If the Customer accepts the object of the order despite knowledge of a defect, he shall only be entitled to claims for material defects if he reserves the right to do so upon acceptance.
(6) The shortening of the statute of limitations in §8 (5) shall not apply in the case of damage caused by a grossly negligent or intentional breach of duty by Blitzgeräteservice Bär, its legal representative or its vicarious agent, or in the case of injury to life, limb or health.
(7) A liability of Blitzgeräteservice Bär in the case of fraudulent concealment of the defect, from the assumption of a guarantee and under the Product Liability Act remains unaffected.
§8 - WARRANTY
(1) The warranty is limited exclusively to the executed repair with the defects as communicated by the customer and to the components replaced by Blitzgeräteservice Bär (excluding glass parts, cables and batteries).
(2) If the customer accepts the object of the order despite knowledge of a defect, he shall only be entitled to warranty claims if he reserves the right to do so at the time of acceptance (see in particular §5 Para.1.
(3) Excluded from the warranty are damages caused by the following reasons:
a. unsuitable or improper use of the object to be repaired
b. normal wear and tear - especially of wearing parts
c. faulty or negligent handling
d. improper repair or modification of the object to be repaired by Customer or third parties.
(4) In all other respects, the statutory provisions on the elimination of defects and warranty shall apply.
§9 - LIMITATION PERIOD
(1) The limitation period for any warranty claims against Blitzgeräteservice Bär is - as far as legally permissible - 12 months.
§10 - DATA PROTECTION
(1) The regulations of our data protection declaration apply to data protection.
§11 - FINAL PROVISIONS
(1) The place of performance is the place where the agreed services are rendered by Blitzgeräteservice Bär.
(2) The possible invalidity or ineffectiveness of one or more provisions of this contract shall not affect the effectiveness of the remaining provisions.
(3) Additional agreements to the contract or to these GTC must be made in writing to be effective.
(4) The European Commission provides a platform for online dispute resolution (OS) at ec.europa.eu/consumers/odr. Blitzgeräteservice Bär is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(5) The law of the Federal Republic of Germany shall be deemed agreed upon, excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of international private law. As far as legally permissible, the place of jurisdiction for all legal disputes arising from or in connection with this agreement, its creation, effectiveness or termination shall be Waldbrunn Germany.
Status of the General Terms and Conditions 10.05.2021