General Terms & Conditions
General terms and conditions of the company EuroMedia-Service GmbH
§1 Validity of the conditions.
1. The deliveries, services and offers of EuroMedia-Service GmbH are based on these terms and conditions including the additional conditions listed in the offer.
These therefore also apply to all future business relationships, even if they are not expressly agreed again.
2. Deviations from these terms and conditions are only effective if EuroMedia-Service GmbH confirms them in writing.
§2 Offer and conclusion of contract.
1. The offers of EuroMedia-Service GmbH are subject to change and non-binding. Contracts are only concluded through written order confirmations or through actual delivery.
2. Drawings, illustrations, dimensions, weights or other performance data become binding with a written order confirmation.
3. Planning and drawing documents remain the property of EuroMedia-Service GmbH. After written approval by EuroMedia-Service GmbH, the customer is entitled to use these documents himself or to pass them on to third parties.
4. After written approval by the customer, EuroMedia-Service GmbH is entitled to use image material as well as descriptions of commissioned projects, deliveries and work for advertising purposes.
1. Unless otherwise stated, the prices contained in its offers by EuroMedia-Service GmbH are binding, with the exception of printing errors, mistakes and exchange rate fluctuations.
2. The prices stated in the order confirmation from EuroMedia-Service GmbH plus the respective statutory sales tax are decisive. Unless otherwise agreed, the prices are EXW including normal packaging.
3. Additional services and deliveries will be invoiced separately.
§4 Delivery and performance time
1. The dates and deadlines mutually agreed between EuroMedia-Service GmbH and the customer become binding with a written order confirmation, unless otherwise expressly agreed in writing.
2. The contractual deliveries and / or services are to be accepted or accepted by the customer. The customer has no right to return deliveries and / or services, unless otherwise expressly agreed in writing.
3. Early delivery as well as partial deliveries are permitted, provided that the customer expressly agrees to this.
4. Delivery and service delays due to force majeure and due to events that make delivery more difficult or impossible for EuroMedia-Service GmbH (this also includes subsequent material procurement difficulties, operational disruptions, strikes, lockouts, staff shortages, lack of means of transport, official orders, etc. .), even if they occur with suppliers and sub-suppliers of EuroMedia-Service GmbH, EuroMedia-Service GmbH is not responsible for binding agreed deadlines and dates. EuroMedia-Service GmbH is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
5. If the hindrance lasts longer than 3 months, the buyer is entitled to withdraw from the contract with regard to the part still to be fulfilled after setting a reasonable grace period.
6. If EuroMedia-Service GmbH is responsible for the non-compliance with binding agreed deadlines and dates or is in default, the buyer has no claim to compensation for delay, unless the delay is due to at least gross negligence on the part of EuroMedia-Service GmbH, or it Written compensation for delay was expressly agreed between EuroMedia-Service GmbH and the customer.
7. If the delivery and service provision is delayed as a result of circumstances in the customer's area, EuroMedia-Service GmbH is entitled to invoice additional ancillary costs, such as interim storage, interim financing or other additional costs, unless otherwise expressly and in writing agreed.
§5 Transfer of risk
1. EuroMedia-Service GmbH optionally offers the customer various types of transport. The transfer of risk corresponds to the regulations of the selected mode of transport in accordance with INCOTERMS 2020:
EXW - Ex Works // Ex Works
FCA - Free Carrier // Free Carrier
CPT - Freight Free // Carriage Paid To
CIP - Carriage and Insurance Paid to
DAP - Delivered at Place
DPU - Delivered at Place Unloaded
DDP - Delivered Duty Paid
FAS - Free Alongside Ship
FOB - Frei on Board // Free on Board
CFR - Cost and Freight
CIF - Cost, Insurance and Freight
1. The manufacturer guarantees that the devices are free from manufacturing and material defects that correspond to the warranty. The claims become statute-barred 12 months after the transfer of risk, unless statutory regulations provide for different limitation periods.
2. In addition, the guarantee and liability apply to the extent that the respective manufacturer of the goods assumes guarantee and liability. Liability for defects in the object of purchase is assumed to the extent that the manufacturer or supplier provides a replacement.
3. If the manufacturer's installation, operating or maintenance instructions are not followed, changes are made to the products, unauthorized interventions or repair attempts are made, parts or consumables are used that do not correspond to the original specifications, all warranty claims are void.
4. The customer must notify EuroMedia-Service GmbH of any defects in writing immediately, but no later than three weeks after receipt of the delivery item. Defects that cannot be discovered within this period even after careful examination are to be reported to EuroMedia-Service GmbH in writing immediately upon discovery.
5. In the event that the customer is informed that the delivery item is defective, the customer is obliged to either
a) to send the defective part or device to the manufacturer or EuroMedia-Service GmbH at the customer's expense
b) to have the defective part or device ready and to have it repaired by a service technician from EuroMedia-Service GmbH or the device manufacturer. If the customer requests that warranty work is to be carried out at a location specified by him, the customer is obliged to pay the resulting additional costs in addition to the standard rates of EuroMedia-Service GmbH or the respective manufacturer.
6. If the improvement fails after a reasonable period of time, the customer can choose to either request a reduction in payment or cancellation of the contract.
7. Liability for normal wear and tear or damage is excluded.
8. If the execution of repair work by EuroMedia-Service GmbH is part of a contract, this repair work will be carried out professionally to the best of our knowledge and belief.
9. Warranty claims are only available to the direct customer and are not transferable.
10. The preceding paragraphs finally contain the guarantee for the products and exclude any other guarantee claims of any kind.
11. Guarantee for rent: In the case of renting, EuroMedia-Service GmbH is only obliged to pay damages if it can be accused of willful intent or gross negligence. Otherwise, EuroMedia-Service GmbH is not obliged to pay damages. The tenant's right to terminate the rental agreement without notice in accordance with §542 is excluded. Instead, EuroMedia-Service GmbH grants the tenant the right to repair or replacement. If the repair or replacement delivery by EuroMedia-Service GmbH is impossible, refused or unreasonably delayed, the tenant has the right to terminate the contract without notice.
§7 Retention of title
1. EuroMedia-Service GmbH retains ownership of all goods and services delivered by it (reserved goods) as long as all claims from the respective transaction have not been settled.
2. In the case of a running invoice, the reserved property serves as security for our balance claims.
3. The customer is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. Pledges or collateral assignments are inadmissible.
4. If third parties access the goods subject to retention of title, the customer will point out the ownership of EuroMedia-Service GmbH and notify them immediately, as well as support them in asserting their claims.
5. If the customer acts in breach of contract (e.g. default in payment), EuroMedia-Service GmbH is entitled to take back the goods subject to retention of title or, if necessary, to demand the assignment of the customer's claims for surrender against third parties. The taking back or the seizure of the reserved goods by EuroMedia-Service GmbH does not constitute a withdrawal from the contract, unless the Law on Payments applies.
1. All payments are to be made free of charge to EuroMedia-Service GmbH within fourteen (14) calendar days of the invoice date, provided no other payment agreement has been agreed in writing.
2. EuroMedia-Service GmbH reserves the right to request payment security and / or advance payments.
3. The customer can only offset such claims or assert a right of retention with regard to such claims that are undisputed or have been legally established. The customer is only entitled to assert a right of retention for claims arising from the same contract as the respective counterclaim from EuroMedia-Service GmbH.
4. If the customer is in default of payment, EuroMedia-Service GmbH reserves the right to claim annual default interest of four (4) percentage points, subject to the assertion of further rights.
1. Returns will only be accepted subject to our checking. Unless otherwise agreed, defective goods and repairs must be returned to EuroMedia-Service GmbH, Breite Straße 20, 52382 Niederzier, Germany or the manufacturer free of charge.
2. Returns will only be processed if the return is accompanied by a return slip on which the RMA number and the customer number are specified.
3. The customer receives the return slip and the RMA number on request in writing or by telephone from EuroMedia-Service GmbH on +49 2428 90 99 110 or by email at: firstname.lastname@example.org.
4. Disclosure of the RMA number does not in any way mean an acknowledgment of a defect or other complaint by the customer.
§10 Obligations of the customer for test installation and rental.
1. The customer must treat the rented equipment or items with care and report any damage immediately.
2. EuroMedia-Service GmbH only insures the rented equipment or items in favor of the customer if this has been agreed with EuroMedia-Service GmbH in accordance with the rental agreement.
3. The customer is liable for damage and loss if he is responsible for them. Replacement costs are to be replaced. The agreed rent must be paid until the replacement service has been received. The customer's liability also relates to damage and losses during the construction period and until the end of the dismantling of the rental property.
4. The rent is owed for the period from the dispatch of the rented item from the warehouse until it is returned to the EuroMedia-Service GmbH warehouse in proper condition.
5. If the agreed rental period is exceeded, EuroMedia-Service GmbH is entitled, regardless of further claims for damages, to claim the rental fee as compensation for use until the rental items are handed over.
§11 Design changes
1. EuroMedia-Service GmbH reserves the right to make design changes at any time. However, it is not obliged to subsequently make such changes to devices that have already been delivered.
1. The purchaser's attention is drawn to the fact that the personal data received in connection with the business relationship will be electronically stored and processed in compliance with the statutory provisions. Unless otherwise agreed in writing, all information received in connection with the respective transaction is considered confidential and may only be passed on with written permission.
§13 Limitation of liability
Claims for damages from impossibility of performance, from positive breach of contract, from negligence when concluding the contract and from unauthorized acts are against both EuroMedia-Service GmbH and its vicarious agents excluded, unless there is intent or negligence.
§14 Place of fulfilment and place of jurisdiction
1. Unless otherwise agreed in writing, the law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the seller and the buyer, with the exception of the Uniform Sales Act and the Uniform Sales Act. The UN sales law is excluded.
2. The place of performance for all deliveries and services, including payments, is announced in writing in the respective business.
2. Insofar as legally permissible and not otherwise agreed in writing, Düren is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
§15 Final provisions
1. Should a provision in these terms and conditions or provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
As of April 22, 2021