General Repair Conditions
The customer and the contractor agree that any repair work done in principle for consideration, unless the repair work is a fulfillment of defect liability claims and/or warranty claims the contractor has to fulfill towards the client due to previous purchase of the repair item.
These General Repair Conditions apply to all repairs that are carried out by the contractor or an agent authorized by the contractor, even if it concerns claims arising from warranty and / or liabitly for defects from a previous purchase of the repair item .
3. Application of liabilty for defect and/or warranty claims
If the customer enforces claims from liability for defects and/or warranty to the contractor and these are supposed to be on the basis of the the repair order is based, the customer has to mark this clearly at the ordering and inform the contractor thereon. Therefore the client has to prove the existence of a buying contract or of a warranty contract to the contractor, e.g. by sales receipt and/or a warranty certificate refering to the repair item.
4. Cost estimation
I. If the customer desires a binding price quotation, a cost estimation is required in which the work and spare parts are seperately listed and provided with prices. The contracter is bound to this cost estimation until the end of three weeks after its release. The client bears the fee for a cost estimation in the amount of 20,00 Euro.
II. In case the order is places, the fee for the cost estimation is carried back to the order receipt and the total price may only be exceeded with the agreement of the client.
III. If alternatvie offers of the contractor are gained (e.g. Old for New, re-purchase of a device etc.), the fee for the cost estimation is carried back to the order receipt as well.
5. Extent of the reapir measures
For repair mearsure that are not carried out due to liability for defect and/or warranty claims, the contractor will not perform a repair if the repair costs would be disproportionate to the value of the object to be repaired. The contractor will inform the client about this. This information may be made by phone . The costs incurred up to and through the determination of inefficiency by the contractor may be fully charged to the client.
6. Conduction of the repair measures
All dates which the contractor announces about the conduction of the repair are not binding. The actual rapair time is solely determined by the actual neccessary repair effort taking into account the internal processing times, transport times, response times etc. The contractor is entitled to enable a subcontractor and to carry out the repair item to him.
All dates which are known to the contractor for carrying out the repair , are not binding . The actual repair time is determined solely by the actual necessary repair costs , taking into account internal processing times , transport times , response times , etc. The Contractor is entitled to use the subcontractor to carry out the repair order and give the latter the repair item
7. Amount of the repair costs
The repair costs are comprised of wages, material and transport costs.
Repair costs have to be paid immediately upon the return of the repair item without deduction. Up to the full payment of the repair costs the contractor makes use of his lien rights. The client can set off payment claims from the repair of the contractor only with undisputed or legally established claims or exercise his right of retention insofar.
Claims by the client against the supplier due to a faulty chargeable repair measure expire within one year after acceptance of the repaired thing.
In case of a faulty pecuniary repair measure, the claims of the client to the contractor are initially limited to supplementary performance. Insofar as it is reasonable for the client, the client is entitled to a further supplementary performance in case of failure of first try of supplementary performance. If the further supplementary performance fails or if another supplementary performance is unacceptable to the client, so the client can demand a price reduction or declare withdrawal from the repair contract. The liability of the contractor is limited to intent and gross negligence, unless there is injury to life, body or health of a person or the breach of a contractual obligation.
If the object to be repaired is damaged during the repair by the contractor, the contractor is entitled to restore the repair item at his own expense. As far as the recovery is impossible or only possible with disproportionate costs in relation to the value of the object, the value at the time of placing the order is merely to replace. The contractor has the right to choose between recovery and refundig the current value. The contractor is not liable for data that has been handed to him upon delivery of the item to be repaired. The client must perform all backups on his own responsibility before handing over the repair item. The contractor is liable to the extent only if he is guilty of intent or gross negligence.
11. Exclusion of liability and/or warranty claims
If during the repair the repair item turns out to have been damaged due to measures of the client being improper or contrary to contract in the context of transport, installation, operation, use, storage or connection of the repair item, the costs will not be borne by the contractor's. The same is valid for damages and/or lacks at the repair item that do not fall under the legal leck term or the conditions of a warranty contract.
If during the conduction of the repair measure is found, that existing deficiencies and/or damages to the repair item do not fall under supposed liability and/or warranty claims, the contractor may setlle all incurred works up to that moment refering to the current price list. Noting that supposed liability and/or warranty claims do not actually exist, the contractor stops the repair measures and informs the client, which can also be made by telephone.
As far as the repair work is not carried out due to liability claims, the customer shall bear all transport and packaging costs to the contractor and for returning the repair item, as necessary shipment costs to perform the repair work at subcontractors. As far as the repair work is not carried out due to lack of liability, any transport of the repair item is exclusively made on the client's risk.
13. Notice pursuant to BDSG
The contractor has indicated that he will store and process the personal data of the client. To carry out the repair measure this data is possibly passed on to third parties commissioned.
14. Severability clause
Should the above provisions be invalid and/or ineffective the applying thing is what the intention of the parties comes closest and is effective.
15. Jurisdiction agreement
For merchants and clients, who do not generally jurisdiction in Germany or whose whereabouts in Germany is unknown, Pforzheim shall apply as jurisdiction.