General terms and conditions
All our deliveries, services and contract conclusions shall be based on the following terms and conditions; conflicting terms and conditions of purchase shall be ineffective, even if we do not expressly object to them. The following terms and conditions shall be accepted when the order is placed or the delivery is accepted.
Deviating agreements or supplements shall only be binding if we have confirmed them in writing prior to acceptance of a service provided directly or indirectly by us. Such agreements shall in any case only apply to the orders for which they were made. Our terms and conditions of business shall apply again to subsequent orders.
As far as our terms of delivery do not contain any regulation, the legal regulations are valid.
Should any part of our General Terms and Conditions be invalid, the validity of the remaining conditions shall not be affected.
Our warranty on systems and programs manufactured and tested by us is 6 months from the date of purchase. Excluded from this are consumables and damage caused by incorrect operation and tampering with equipment. The customer has to inform himself sufficiently about the correct operation or connection method before putting systems into operation. In cases of insufficient information, the customer is obliged to prevent damage. The assumption of costs for troubleshooting by our customers is excluded even if we have caused the error. Telephone troubleshooting suggestions by us are not a request to intervene in devices and systems. In the case of special offers and promotions, any kind of warranty is excluded, likewise for systems or programs that have been delivered to the customer from us. The purchaser is solely responsible for the correct use of the systems and programs purchased by him; damages caused by the use of our products are the sole responsibility of the applying customer. Schmitz GmbH assumes no liability for the usability of the goods for the purpose intended by the purchaser. Especially in the case of license plate recognition, Schmitz GmbH cannot exclude that due to environmental influences such as dirt, sunlight, snowfall, etc., the routines offered will not fulfill their intended purpose.
Our offers are always subject to change and limited until the 14th day, unless otherwise agreed in writing.
Orders placed with Schmitz GmbH shall only become legally binding after acceptance of the delivery of goods under these terms and conditions.
The same applies to order modifications and supplements.
Patent and copyright
We reserve the property rights and copyrights for our software products and the associated documents. They may not be made accessible to third parties without our written consent.
Copying is also prohibited without our express consent. They must be returned to us immediately upon our request.
We cannot be held liable for the infringement of any patent or other industrial property rights.
Delivery and risk transfer
Delivery and shipment shall be for the account and at the risk of the purchaser. The risk shall pass to the Purchaser as soon as the goods leave Schmitz GmbH's premises.
In cases of force majeure and in the event of delayed delivery by our suppliers, we shall be entitled to withdraw from the contract in whole or in part or, at our discretion, to postpone delivery for the duration of the hindrance: claims for damages on either side shall be excluded in this case. Any contractual penalties are excluded.
All prices are ex business premises Regensburg plus the applicable sales tax. Costs of packaging and freight shall be borne by the purchaser.
We reserve the right to make price changes compared to the price list issue.
Terms of payment
Our invoices are due immediately without deduction. Regulations deviating from this require agreement.
In the case of bank transfers and other means of payment, only the unconditional crediting to our account shall have a debt-discharging effect.
Payments shall be credited against existing claims at our discretion, even if the purchaser has stipulated otherwise.
The buyer is not entitled to withhold the purchase price due to warranty claims or to offset with counterclaims that are not recognized and legally established or to assert a right of retention.
Reservation of ownership
The delivered goods remain the property of Schmitz GmbH until all existing claims against the purchaser have been paid in full.
The customer shall not be entitled to withdraw from the contract.
If we withdraw from the contract for any reason, no claims for damages can be asserted against us.
The buyer undertakes to test the goods delivered by us, transport damage, defects and complaints must be reported within 10 days.
In the event of failure to notify us in good time, any warranty claim on the part of the purchaser shall lapse unless the defect was not identifiable during the inspection within the period.
Complaints do not entitle the buyer to withhold the invoice amount.
In the event of a justified and timely complaint, we shall rectify the defect at our discretion.
Limitation of liability
Schmitz GmbH shall only be liable for damages due to breach of contractual or non-contractual obligations, including culpa in contrahendo, positive breach of contract and tort, in the event of intent and gross negligence.
If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the liability of Schmitz GmbH, unless caused by intent, for indirect damage, consequential damage and loss of profit shall be excluded, any liability shall be limited to the damage typical of the contract foreseeable at the time of the conclusion of the contract according to the circumstances known at that time, and all claims for damages shall become statute-barred upon the expiry of 9 months from the delivery or provision of the service or the act or omission causing the damage.
Even without notice from Schmitz GmbH, all goods are subject to export licensing in case of doubt.
The Purchaser acknowledges German and also foreign export control regulations and restrictions and undertakes not to sell, export, supply or otherwise pass on such products or technical information, either directly or indirectly, to persons, companies or countries, if this violates German or foreign regulations, and to obtain all export licenses or other documents before exporting products or technical information received from Schmitz GmbH.
The Purchaser further undertakes to oblige all recipients of such products or technical information obtained from Schmitz GmbH in the same manner and to inform them of the need to comply with such laws and regulations.
The purchaser may only transfer rights against us to third parties after prior written agreement.
The place of performance is the delivery address stated in the invoice. The place of jurisdiction for both contracting parties is Regensburg.