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Legal Business relationship between Vectorcam and the purchaser shall be solely governed by the following terms and conditions. Different conditions of the Purchaser shall apply only if Vectorcam has expressly agreed in writing.
The offers from Vectorcam are subject to confirmation. The customer is bonded to his order for 14 days. A contract will be concluded by a written order confirmation / invoice from Vectorcam or delivery of the goods and is binding. A withdraw right does not exist for software that has been unsealed by the customer, nor for services which have been provided online (for example software to download). Vectorcam does not offer products for purchase to minors.
With delivery and payment for software programs, the customer acquires ownership of the disk / CD and a right to use the program in accordance with the terms and conditions of the manufacturer.
With the installation of the software, the customer accepts the license terms. Vectorcam has the right for partial delivery. Deviations of the delivered goods and services of the offer documents are acceptable, provided that it contains the essential performance and are reasonable for the purchaser. Also branch standard deviations are permitted in commercial transactions. The purchase contract is not a sale on approval. If a service is delayed over the by Vectorcam committed time, rights from this may be claimed only after the end of a deadline of at least 3 weeks that has been set by the customer, unless the buyer can prove that his interest because of exceeding the deadline has disappeared completely. If the delivery by Vectorcam is delayed or not possible, the following applies: Unless a gross negligence of Vectorcam exists, the compensation of indirect damages, including compensation for lost hours, is excluded. Vectorcam is liable for direct damages maximum up to the amount of the delivery order. In commercial transactions, the liability of Vectorcam for slight negligence is totally excluded. In case of non availability of goods and non- deliverability, which is not in the influence of Vectorcam, in particular by strikes, lockouts, material failure, unavailability of goods by the supplier / manufacturer, trade embargo or catastrophes Vectorcam has the right to cancel the contract. Shipping and delivery are made on account of the customer – even with reasonable part deliveries. By registration the goods for sending the risk transfers to the purchaser, if the goods have to be collected, the risk is with indication of the provision transferred to the purchaser.
All net prices are valid only for industry, trade, commerce, trade associations and similar institutions and liberal professions.
All prices are exclusive of VAT unless stated otherwise. All prices are ex stock Paderborn. In so far as the maturity of the payment is determined on the confirmation/invoice the allowed period for payment is fixed by the calendar, the noted payment period on the order confirmation/invoice is calculated from the date of the order confirmation/invoice. Causes the Purchaser delivery delay, so this does not cover periods of maturity. If exceeding the due date of payment, Vectorcam calculates an interest rate of 5 % above the current rate of the Bundesbank. The assertion from Vectorcam of further damage remains unaffected. The customer has the possible in individual cases to prove a lower damage caused by delay. Bills and checks will only be accepted upon special request by Vectorcam if they are free of charge and costs. A Offsetting by the purchaser is only possible with counter-claims that are undisputed or legally. In commercial transactions the purchaser does not have any right of retention against demands of Vectorcam. All demands of Vectorcam against the purchaser, including those for which Vectorcam accepted bills and checks or agreed to pay in installments, be due immediately if the payment conditions are not met or Vectorcam becomes knowledge of significant deterioration in the financial circumstances after conclusion of the contract. Vectorcam is then entitled to carry out any outstanding deliveries and services only against advance payment or security. If such advance payments or securities even after the expiry of a period of 10 days after the request are not provided Vectorcam can withdraw from the contract. The granting of installment payments does not exclude the right of withdrawal by Vectorcam.
The delivered goods are hardware or software, of which further application conditions and technical environment as well as operation Vectorcam has not known. Warranty of any defects can therefore only be accepted by Vectorcam if the purchaser explains an Error against Vectorcam in a comprehensible way so that it may be reproduced in the house of Vectorcam. Vectorcam is therefore only bound to the warranty if the purchaser complained the Error in written form and if he handed over all necessary and required documents and program execution logs for the descriptions of the error, so that Vectorcam has the possibility to trace, locate and correct the error.
For this purpose the purchaser has to send detailed process descriptions with the error description and corresponding hard copies of the program-run to Vectorcam, as well as the further technical surroundings and the defective floppy / CD or a copy thereof to Vectorcam to justify its obligation of warranty.
Warranty obligation in case of Malfunctions: The contractually agreed condition of the delivered goods or software depends primarily on the product description of the manufacturer. Insofar as this does not exist, according to the state of technology or specialized requirements at the time of the order. Vectorcam accepts no liability or warranty that the software corresponds with subsequent legislative changes (after the order date), or subsequent changes in the user requirements. Each customer is solely responsible to decide if a product ordered from Vectorcam runs on his computer system. Vectorcam is responsible for ensuring that the sold product / software according to the above rules correctly runs, shown on a reference model in the house of Vectorcam, whose type-description, operating software, network interconnection and other technical characteristics is indicated in the respective product description
Implementation of warranty: If there are defects in the delivered goods Vectorcam provides the guarantee for a subsequent delivery or a subsequent improvement. Only if the a subsequent improvement several times (usually three times) fails, the purchaser has the right to reduce the purchase price in accordance with the defect or withdrawal of the contract. When using of general terms for commercial transactions (terms & conditions). Vectorcam is also authorized to limit the guarantee to the assignment of its own claims against the manufacturers, suppliers or authors of existing warranty claims, unless the defect is caused by the responsibility of Vectorcam. Costs for unsubstantiated complaints have to be paid by the purchaser.
Vectorcam reserves the title on the delivered products and on the through machining and processing created things until all demands from Vectorcam, which are existing now or hereafter, will be fulfilled by the customer. Eventual done working or processing by the purchaser for Vectorcam, are without arising any obligations for Vectorcam. The rules on the retention of title apply analogy to the transferred right to use by the buyer, that means that the transfer of the right of use is only provisional and that it is revocable at any time until full payment of all demands of Vectorcam against the purchaser. Makes Vectorcam use of their right of ownership or right of use, or requires the return of the goods resulting from these Regulations, shall this not apply as withdrawal. The purchaser has the right to process on the reserved goods in the ordinary course of business and to sell it as long as he is not in default of payment. Pledges or security transfers shall not be permitted. The arising demands from the resale or any other legal reasons with respect of the reserved products, are already transferred from the purchaser to Vectorcam with the order. The purchaser is still authorized to collect their debts even after the assignment. The Authorization of Vectorcam, to collect the demand through themselves, is hereby not affected. Vectorcam commits not to collect the demands as long as the purchaser properly makes his payment and other obligations. Vectorcam may require that the purchaser hands over all information about the assigned claim and the debtor and all details which are necessary to collect the demand through Vectorcam, furthermore to hand over related documents and to inform the debtors of the assignment. Vectorcam committed himself to release his right on the securities, to the extent that their value exceeds the secured claims by more than 10%.
Liability by Vectorcam for occurring damages due to small negligence of Vectorcam or its agents are excluded. In commercial transactions Vectorcam is also excluded from liability for simple fulfillment support in the case of gross negligence. In commercial transactions Vectorcam is not liable for indirect damages, especially for data loss of the customer. The buyer is solely responsible for the regular daily backup. Furthermore the liability of Vectorcam in commercial dealings is limited to the amount of the contract price that is related to the damaging action.
All for the business transaction necessary data will be saved and within the ordering process appropriate passed on to affiliated companies. Of course all personal data will be treated strictly confidential.
Place of fulfillment and court of jurisdiction – as far as permitted by law – is Paderborn. Only the law of the Federal Republic of Germany is applicable, with the exception of the uniform sales law and the uniform sales completion law. Stand: August 2002
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
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