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| Conditions of Use |
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NOT TRANSLATED YET
Conditions of Use
1. The following regulations apply for contract for all conclusions of contracts with and over us, as far as nothing other one was agreed upon in writing. General conditions as per contract of retailers, buyers and other customers ('customers') do not apply. This applies, even if during the placing of order to such conditions as per contract is referred and we these conditions as per contract expressly to contradict not immediately. Verbal or telephone agreements attain only after written confirmation on our part validity.
2. Mistakes and changes of mistakes and changes both in offer texts and with prices are with all offers, all the same whether verbal or written, reserve.
3. Praise the prices mentioned are cash payment prices the inclusive legal value added tax starting from stock location plus indicated forwarding expenses. Mistakes and price adjustments are not impossible however. To the supply the prices apply at the time of the order of the commodity.
4. Terms of payment in the case of supply against outstanding account (authorities, companies) are due payable without departure, these within 7 days after invoice date. In the case of a delay of payment we are entitled, interests at a value of 5% over the respective of the German Federal Bank admit given basis interest rate to compute. In the case of the delay we reserve ourselves, all supplies at the customers to cancel and/or not deliver also from other contractual relations. The set-off or retention against demands of all kinds is inadmissible, as far as these are not validly determined or undisputed.
5. We inform product consultation and product use in the context of our possibilities about the processing, give use and application type of the commodity and for this information after best knowledge. It relieves you however not of its own examination for of you planned intended purpose as well as the attention of possible security -, customs and control instructions. The use of the RC interfaces with commercial software (e.g. flight simulators) is only permitted, if the customer possesses the original interface and the software available and rightfully were acquired.
6. Times for delivery of dates of delivery must be agreed upon in writing. The period is kept, if the dispatch takes place before expiration. All agreed upon times for delivery apply subject to correct and punctual self supply. The delivery time extends appropriately in measures in the context of losses of working hours (strike/lockout), legal and official arrangement (import - export restrictions), war, higher force. Claims for damages during disregard are impossible. Partial deliveries are permissible.
7. Revocation according to remote paragraph law with remote paragraph contracts loud § 312 C can private final consumers your order within two weeks after distribution of the commodity recall. The revocation can take place in writing or via return of the commodity, for period keeping is sufficient the punctual sending off at MFTech, Ralf Kretschmann, Kaiserstrasse 25, 67722 Winnweiler, Germany. Back endings must take place in principle freely, become unfree returns rejected without exception. Returns are to be insured in principle against transport damages. With uninsured returns the customer is responsible for loss or damage in full height. It is to be considered however that the return in the original state in the intact original -/sales packing takes place. With substantial degradations (e.g. contamination, damages, damaged sales packing, damaged documentation, incomplete return) we reserve ourselves expressly to require replacement. To trade and business customers, which goods order in the context of your commercial, business or vocational activities, the additionally following regulations apply: There is not a right of revocation after the remote paragraph law. MFTech remains reserving it to reject conversion or cancelling. A conversion during opened or damaged original packaging is in principle impossible. If the buyer does not remove the commodity, we are entitled to exist alternatively on acceptance or to require 15 % of the commodity value as pauschalisierten damage and expenditure replacement. Forwarding expenses are computed in full height. The customer has the right to prove a smaller damage. Return sequences: To be given change in the case of an effective return on both sides received achievements to be refunded and uses if necessary pulled (e.g. customs advantages) are. With a degradation of the commodity indemnification according to value can be required. This does not apply however, if the degradation of the commodity is to due exclusive to their examination, how it would have been possible you for instance in the ladengeschaeft. In all other respects you can avoid the indemnification according to value obligation, in which you take the thing not like an owner in use and omit everything, which impairs their value. Guarantee: It applies the legal in accordance with guarantee civil law book (BGB). The guarantee duration for new goods amounts to 24 months (§ 438 exp. 3 BGB) starting from invoice date, for used goods twelve months starting from invoice date. The guarantee does not expire to inappropriate use, mechanical damage, neglect of information plates with overvoltages, as well as with foreign interferences through by MFTech authorized persons.
Please use the form for revocation at http://www.mftech.de/widerruf.pdf
8. Guarantee
8,1 we ensure that the delivery articles are free after the respective conditions of the technology from material defects, i.e. that they are suitable for the presupposed uses or for the usual use and exhibit a condition, which is usual with things of the same kind. It applies the guarantee period of 2 years except with expendables material. The guarantee period begins with the entrance of the commodity at the customer. MFTech for damage or lack, which develops for incorrect or careless treatment from inappropriate use, storage, operation,, does not take over 8.2 guarantee. Likewise any guarantee expires, if the customer makes interferences or repairs or through from us has not authorized persons made.
8.3 obvious lack are to be indicated after receipt to the commodity immediately in writing. If a lack points itself only later than 6 months to delivery, then the customer has to lead the proof that the thing was unsatisfactory with passage of the risk. so far a lack of the purchase thing representing from us to will, can the customer admits
8.4 in accordance with § 439 BGB for his choice the removal of the lack or the supply of a faultless thing require. MFTech can refuse the kind of the Nacherfuellung selected by the buyer, if she is possible with disproportionate costs only. The buyer is obligates the lodged a complaint article back with an exact error description at us to send. With unauthorized complaint we reserve ourselves the computation of a representational allowance for the accomplished test measures. The height depends on the expenditure, amounts to at least however 10 EUR.
9. Payment of damages for compensation applies the framework of the legal regulations. Any adhesion against us or our executing aides is limited in cases of resolution and rough negligence. Compensation is limited to actual contractual contents. Subjective damages are impossible.
10. Retention of title up to the payment and adjustment of the contractual commitments reserves itself the supplier the property at the supplied commodity. The delivery article remains for the supplier up to the complete payment of all at the time of the distribution of the delivery article against the orderer from the business relation with it in main and secondary matter being entitled demands property of the supplier. Cheques apply only with the redemption as payment. Verpfaendungen and transfers by way of security from articles not paid yet are inadmissible.
11 Data security the data necessary for the geschaeftsabwicklung are stored and used in the context of the order handling. All personal data are naturally confidentially treated. The customer is at any time entitled to the revocation.
12. Place of delivery exclusive area of jurisdiction is Kaiserslautern or another legal area of jurisdiction after choice of MFTech, as far as the customer is a buyer in the sense of the HGB od. a body of the public right.
13. The right of the Federal Republic of Germany applies for final clauses and Salvatori clause for all business relations between MFTech and orderers. Other one is excluded. The costs of the dispatch, packing and collection fee apply as up-to-date on the web page indicated. If einzelbestimmungen of these general trading conditions should be ineffective, then the remaining regulations remain in strength.
Stood November 2005
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