General terms and conditions
1. Terms of contract
1.1. Our service features will be done after consultation or offer. The service features will take place either on the telephone or in the training rooms depending on the customers needs.
1.2. Customer shall make an application specifying order number as well as acknowledgment of these general terms and conditions in written form and send it to the branch of FRAESSUPPORTMW named above.
1.3. Service work will only be done by commissioned partner companies. These companies will be commissioned by FRAESSUPPORTMW.
1.4. Before the service features take place customer shall save all his data in the way that in case of deletion the data can be restored in reasonable expenditure.
2.1. Submission of damaged hardware shall be made to the producer on whose behalf FRAESSUPPORTMW is working as reseller. Customer bears all risks (loss, transport damage, etc.) connected with the delivery. Furthermore, customer shall provide a suitable packaging for the delivery.
2.2. Costs for delivery are to be for customers account.
2.3. Costs for packaging are to be for customers account.
2.4. Title and risk for the transport of product shall be for customers account. This includes the case that customer advised FRAESSUPORTMW to organise the transport.
3.1. Further guarantee claims, especially damage compensation claims are excluded
3.2. Guarantee claims will be forwarded by FRAESSUPPORTMW to the producer of the products
3.3. There will be no acceptance for damage claims which are caused by software or training material
4. Terms of Payment
Invoices shall be paid fourteen (14) days from invoice date without deduction and inclusive VAT. Long-term project will be invoiced partially. Only undisputed claims or claims which are determined without further legal recourse can be accounted.
5.1 FRAESSUPORTMW can only be hold liable if the company acted grossly negligent or deliberately and this is not dependent on any legal basis inclusive illegal acting or impossibilities. That does not apply to the case of a guaranteed feature or a comparable situation of trust.
5.2. For all remaining damages – whatever the legal cause – a liability for slight negligence is excluded.
5.3. We accept no liability for indirect losses or especially lost profit and third party claims.
5.4. The above provisions also includes the exclusion of liability for fulfilment support and chief executives as well as the personal liability of the FRAESSUPPORTMW employees.
5.5. Damages claims against FRAESSUPPORTMW because of culpable breach of contract expires after six (6) month. The remaining damage claims expire one (1) year after accomplishment of the contracted load.
6. Legal venue
Frankfurt am Main is also expressly agreed as legal venue for all disputes out of the business relationship. German law shall apply exclusively.