Conditions
Additional agreements for repairs
Customer caused software errors or errors caused by changes to the system settings or installation of software, drivers, etc., are not subject to the statutory liability for defects. The effort to correct these errors will be billed at normal hourly rates. Performing the repair may result in data loss. We assume no liability for the safeguarding of an existing data, as far as we are not intentional or grossly negligent. Rather, it is solely the responsibility of the customer to ensure the necessary data backup before issuing a repair order. In the event of a lack of data backup, this is only possible if the order has been charged accordingly. If after a check / fault diagnosis a repair is not desired by the customer, we reserve the right to charge an extra cost of 25, - €.
1. Pick up
Repaired items will be handed over only upon presentation of the pick-up receipt or any other appropriate proof of entitlement.
2. Warranty
Damage caused by improper or non-contractual acts within the scope of transportation, installation, connection, operation or storage does not constitute a warranty claim. In this regard, the manufacturer's specifications apply.
Damage caused by subsequently installed software, drivers, other hardware components or similar. are not justified
Warranty.
3. Data backup
Since the repair can lead to data loss, data backup is the responsibility of the customer. In the event of a lack of data backup, this can be charged by computerspinnt.de Jendrny only after appropriate commissioning.
4. Privacy Policy
For the fulfillment of the contractual relationship, the applicable data protection regulations of computerspinnt.de Jendrny saved. The data are only used for the purpose stated and are not passed on to unauthorized third parties.
5. Cost estimates and reimbursement
Cost estimates are non-binding. If, during the execution of the repair, the repair or repair effort is not proportionate to the value of the object to be repaired, the customer is obliged to reimburse the expenses incurred up to that point.
6. Claims arising from the right to performance in the case of repairs
Claims for defects in the case of chargeable repairs shall become statute barred within one year after acceptance. The right of the customer in case of defects is limited to the supplementary performance. In the case of failure of the supplementary performance, the customer may reduce the work wage or withdraw from the contract. The property as part of a repair extended parts goes with expansion at computerspinnt.de Jendrny over.
7. Liability
It is only liable for intentional and grossly negligent acts, except in the event of injury to a person's life, body or health, or in the case of a breach of a duty which fulfills the proper performance of the contract.
8. Severability clause
Should one or more provisions be invalid in whole or in part, this shall not affect the effectiveness of the other regulations.
Stand August 2015
Terms of Service ComputerSpinnt.de Jendrny
1. General
The following conditions apply to all work carried out by us within the framework of our service activities at computerspinnt.de - Gerold Jendrny. All transactions are governed by German law. Orders are binding upon submission of the order form. Events of force majeure such as: raw material shortages, accidents, transport, manufacturing and operational disturbances, whether in our own or at a supplier as well as circumstances which we are not responsible, justify us to rescind the contract. Compensation claims of any kind are excluded in such cases. We reserve the right at all times to update or amend these Terms and Conditions.
2. Services
Services are noncommittal and can always be changed, adjusted or discontinued. An already agreed date can be postponed or canceled at any time. During holidays or illness we do not offer any service. Unless otherwise expressly agreed in writing, work performed for repair, installation, maintenance, etc. is rendered as a service and invoiced according to expenses. Above-mentioned working hours are only estimates which can also be significantly exceeded in certain work such as troubleshooting or data recovery. Since it is technically neither possible nor practicable to foresee all side effects or to exclude them by means of configuration changes, we can only be used for free troubleshooting in the event of a malfunction caused by our work if we had caused this incident negligently.
3. Scope of the delivery obligation
Our written confirmation is decisive for the scope of delivery. In the case of software products, the customer acknowledges the licensing conditions of the manufacturer. If we become aware of any facts which make the payment capacity of the customer unfavorable, we are entitled to either modify the terms of payment or not to deliver the goods. The customer's claim to damages is excluded to this extent.
4. Prices
All prices are incl. 19% VAT. VAT.If no binding written price agreement exists, the calculation is made at the price valid on the day of delivery. Cost estimates are non-binding unless otherwise agreed in writing. All services for private individuals are only against immediate cash payment.
5. Delivery and service time
The dates and deadlines stated by us are non-binding, unless otherwise expressly agreed in writing. Delivery and performance delays due to force majeure and events which make delivery substantially more difficult or impossible for us such as material procurement difficulties, operational disturbances, official orders, etc., even if they occur with our suppliers or their subcontractors, we have also at bindingly agreed deadlines and Deadlines.
6. Payment
Unless otherwise agreed in writing, invoices shall be payable immediately on the invoice date without deduction. If the purchaser is in arrears, we are entitled to charge interest from the relevant date onwards at the usual bank rate. This shall not affect the right to assert any further delinquency.
7. Shipment and transfer of risks
The dispatch is at our choice at the risk of the buyer. The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If the dispatch is delayed or made impossible without our fault, the risk passes to the purchaser upon dispatch of the notification of readiness for dispatch. The goods will be insured against transport damage only at the explicit request and expense of the buyer. The buyer has to check the goods immediately after receipt for completeness and damage.
8. Warranty and liability
We ensure that our products are free of manufacturing and material defects. However, the parties agree that the state of the art makes it impossible to exclude the error-free software under all conditions of use. We do not guarantee that all the functional requirements of the contract partner can be produced from the components provided. The buyer has to inform us immediately, within one week after receipt of the product in writing
tell. We assume no liability for the security of an existing data stock. Rather, it is solely the responsibility of the customer to ensure a backup of the data before repairs, conversions and modifications to the PC. Restoring the data stock is the responsibility of the customer. The costs for a possible restoration of the data stock by us, if one is possible, has to be borne by the customer. No liability is assumed for lost profits, business interruption, loss of programs or other data in their information system. Claims for damages shall be excluded, unless intent or gross negligence applies to us. In the event of damage to the delivered item, we are entitled to free repair. Insofar as this is impossible or involves disproportionate costs, the fair value shall be replaced on the day of the damage
9. Reservation of title
We retain ownership of the delivered goods until full payment of all claims which we are entitled to and which still arise.
10. Place of Performance and Jurisdiction
The place of performance and the court of jurisdiction, in particular for the court order for payment, is Goslar for both parties. The law of the Federal Republic of Germany.
11. Side agreements and partial non-compliance
Any agreement deviating from our terms and conditions is subject to the text form. Verbal agreements are ineffective. Should individual provisions be void, invalid or contestable, the other provisions shall remain unaffected.
12. Other
Should individual provisions of the contract or these terms and conditions be or become ineffective or contain a gap, the remaining provisions shall remain unaffected. The parties undertake, in place of the ineffective provision of the contract or these terms and conditions, to enter into such a legally permissible regulation which comes closest to the economic purpose of the ineffective regulation or fills this gap.
Online Dispute Resolution
Online dispute resolution under Article 14 (1) of the ODR: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.
Stand August 2015