Terms and Conditions
1. Area of Application
1.1. These general commercial terms, delivery terms and payment terms are valid for all contracts of sale and contracts for deliveries of software and hardware as well as performance services between Peucon GmbH and the buyer or customer. The general terms of business are recognised by placing an order or by the acceptance of the delivery.
1.2. Divergent conditions of the customer are not valid even if Peucon does not contradict these conditions expressly.
1.3. Assurances about product features only become a contract component if they are agreed in writing expressly in the particular cases.
2.1. Offers of Peucon are non-binding and not-binding.
2.2. Peucon keeps itself engaged to individually worked out offers for four weeks from offer date.
3.1. The topical prices which are deducted arise from the valid price-list of the day of the delivery or achievement performance.
3.2. All prices are in Euro (€) and exclude packaging costs and the value added tax.
3.3. The customer absorbs duty cost for foreign dispatch. The delivery occurs to the dispatch address given by the customer.
3.4. Peucon reserves itself price changes if the relation conditions of the suppliers change.
4. Terms of Payment
4.1. Invoice is to be paid within 30 days after receipt of invoice.
4.2. Discount cannot be allowed.
4.3. With time excess the suitable costs and interests are calculated.
5.1. Specifications on the delivery deadline are non-committal unless, in exceptional cases, a binding delivery date has been promised.
5.2. Force majeure, strike, lockout, traffic blocks and operational disturbances, technical problems as well as other impediments for which Peucon is not responsible releases us for the duration of the obligation to deliver. If the impediment is not removed in the foreseeable future, we are entitled to abandon the delivery or to withdraw from part of or from the complete contract.
5.3. Delays exclude to give Peucon a notice of default, delay punishments or compensations.
5.4. Part deliveries are permitted and have to be paid as an independent delivery.
5.5. From Peucon achieved delays entitle the customer to set a further legal deadline of four weeks which begins with entrance of the extension settlement at our office.
6. Sending and risk of loss
6.1. The dispatch occurs from the seat of our society.
6.2. Delivery occurs on danger and invoice of the customer.
6.3. The danger goes over to the customer as soon as Peucon has handed over the product for delivery to a forwarding agent or a transportation company. This is also valid if part deliveries occur or Peucon has taken over other achievements, e.g. sending costs.
6.4. If the sending of the product is delayed by circumstances which the customer has to represent, the danger goes over to the customer from the day of dispatch readiness of Peucon. Peucon commits itself to achieve the assurances which the customer requests. The product will be stored at Peucon or a third party at the expenses of the customer.
7.1.The return of wrong deliveries or cancellation has to occur after previous telephone arrangement and only with the attached delivery note of Peucon. Otherwise, a taking back does not occur through Peucon.
7.2. A taking back is only possible within 14 days after delivery. Only unopened, original-packed products can be taken back.
7.3. The customer takes the dispatch risk of returns; the return has to be freight-free.
8. Guarantee and Liability
8.1. Defects of achievements or deliveries have to be indicated within eight days after receipt of the product in writing. Complained products may not be processed or inserted. For hidden defects the legal regulations are valid.
8.2. Rights and warranty claims are excluded as soon as the customer or a third party carried out changes on the goods or if he tried to remove the lack on the good by himself.
8.3. If the complaint is justified Peucon GmbH has the choice to either rectify the product or to deliver a substitute which is free of lack. If the rectification or subsequent delivery fails, the customer can either require decrease the price or withdraw from the contract. In addition, particular compensation of every kind is excluded.
8.4. The guarantee term corresponds to the legal regulation and begins with the date of delivery.
8.5. Any liability of the Peucon GmbH because of faults at conclusion of contract, non-performance, inadequate performance and indirect loss is excluded, except in case of intention or gross negligence.
9. Retention of Title
9.1. Peucon reserves itself the property of the delivered and not paid goods up to the entire payment, even if the customer worked on or processed the product.
9.2. In case of a working on or processing of the goods by the customer we comparatively become co-owner of the purchase value of our product and the value of the new thing.
9.3. The customer assigns the price of the title subject to reservation in that portion of the purchase price demand of Peucon GmbH which corresponds to its proprietary portion, if he sells the product directly or processed. Peucon GmbH will accept the cession.
10. Protective Rights and Copyrights
10.1. We retain property right and copyright for all drawings, drafts, descriptions of software and similar documents. Without our written approval they may not be made accessible to third parties.
10.2. Duplication of any kind as well as to leave these documents to a third party is prohibited without our explicit approval. Copies are only allowed as back up copy. On our request all documents, software, drawings, descriptions as well as documentations have to be returned immediately to us.
10.3. If Peucon GmbH delivers products after drawings, models or patterns given by the customer, the customer takes over the danger that by production and delivery no protective rights of a third party is injured.
10.4. If the production and delivery is prohibited because of injuring a third parties protective rights, Peucon GmbH is entitled, without regarding the legal situation and the exclusion of all compensation claims to the customer, to discontinue the production and delivery and to demand reimbursement of costs of the customer.
10.5. The customer is obliged to release Peucon GmbH immediately from compensation claims of third parties.
11. Data Protection
11.1. The customer agrees that personal data are possibly stored.
11.2. The stored data are exclusively raised, processed and used, as far as it is necessary for the grounds, arrangements or change of contract.
12. Place of Fulfillment
12.1. Place of payment and place of fulfillment is Berlin.
13. Applicable Law
13.1. As far as a place of jurisdiction can be agreed, the exclusive place of jurisdiction is Berlin. German law is applicable for deliveries and achievements.
14. Final Regulation
14.1. Should a regulation or a part of a regulation be or become ineffective, this shall not affect the validity of the other regulations. The relevant legal provision shall apply instead to the ineffective clause.