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General Terms and Conditions

GSM-Multimedia GmbH
Manager: Johann Söllner  
Siemensstr. 10
D-94405 Landau/Isar

Phone: +49(0)9951 / 690 190
Fax: +49(0)9951 / 690 199

VAT No: DE814149813

1. General

All terms listed below effect all sales and deliveries processed with minor or major salesmen, as well as with legal entities and will also effect, as long as no other agreements exist, all future business processed with our customers. Our customer's terms of business only effect us if we explicitly agree on them, otherwise we strictly oppose them hereby. Deviations from these terms of business only effect if an written agreement exist.

2. Offer and Delivery

1. Our offers are free of restrictions and non-binding. Contracts are made upon our confirmation or not later than the implementation of the order.

2. If we get impede in carrying out contracts in time due to procurement- production- or delivery-failures occurring at us or our suppliers- due to e.g. war, domestic agitations, severe power-shortage, traffic congestion, industrial conflict, shortage of material, import restrictions, prohibition of delivery based on copyrights, or other causes non fungible thru us, the delivery-period will be extended adequately.

3. If an extension of the shipping-period or an exemption of our obligations occurs, on the accounts of the matters pointed out under 2.2, the customer will loose the right to claim any recover damages.

4. If the customer falls into arrears with primer payments, we're entitled to hold orders back, without being bound to compensate any arising disadvantage.

5. We have the right to make part deliveries at any time. Every part delivery can be charges separately with postal- and transportation costs.

3. Order confirmation for suppliers

1. All orders and contracts commissioned by us are only valid with a original written confirmation issued by us. All assignments and orders commissioned by phone, e-mail (file, text, htlm or other formats) or SMS (Short Message Service) are not valid. We only accept written assignments.

2. An assignment or contract can only be reached by a written confirmation issued by us.

3. Furthermore, a delivery- or assignment-delay entitles us to withdraw completely or partly from an not yet completed assignment.

4. If an extension of the shipping-period or an exemption of our obligations occurs, on the accounts of the matters pointed out under 3.3, the customer will loose the right to claim any recover damages.

5. If the consignee falls behind with the payment of a primer invoice, we're entitled to hold payments back, without being bound to compensate any arising disadvantage.

4. Prices

1. As long as no other agreements exist, we'll charge the prices valid on the day of the delivery.

2. All our prices are, if not pointed out differently, in euros (Eur). Upon your request we'll list the value-added-taxes separately, or all prices including the value-added-taxes.

3. All our prices do not include transportation-costs, or any kind of insurance. All prices shown in the inter-net or catalogue are non-binding therefore they can't be guaranteed .Price-adjustments due to fluctuations in the rate of exchange will be brought in line with the procurement price.

5. Shipping and Package

Shipping always occurs non free. Packaging is based on commercial aspects, special packing and substitutional packing will be charged at cost price. As far as the customer explicitly asks for certain way of packing, we'll.
Such special regulations for packing, have to be newly settled for each order.

1. Irrespective of the weight or order value, end users will be charged with a shipping and handling-flat-rate for inland deliveries in the amount of EUR 6,- already containing costs of packing.
C.O.D. (cash on delivery)-charges will be charged separately. However deliveries made outside the German Republic, will be charged with a shipping and handling-flat-rate in the amount of EUR 9,90.
Deliveries to countries outside the European Union will be charged with the arising expenses.

2. Resellers and bulk buyers will be charged with handling and shipping costs as well as cash on delivery charges according to the arising expenses.

6. Tranfer of perlis

The risk is transferred onto the customer, as soon as the person assigned with the transportation had handed out the commodity or the commodity has left the stock for delivery. If a delivery is impossible from no fault of our own risk is transferred upon announcement of readiness for shipping. This agreement is also valid for carriage free deliveries. All reconsignments are shipped at the risk of the customer.

7. Warrantee

1. Commodity is supplied in a commercially obtainable condition.

2. Our liability for warrantee is, as far as no special regulations are listed below, appropriate to the statutory provisions. Warranted characteristics are only those ,which had been especially stipulated.
This applies especially to our Product descriptions, which we partly adapted from our suppliers. We don't take any blame, when our products are used for breaching foreign copyrights. Our deliveries must be checked for the sake of correctness upon reception. Evident defects, incorrect deliveries, quantity variances, as well as the evident lack of warranted characteristics must be reported by the customer/ receiver immediately, or not later than within 5 labour days upon reception. Exact characterisations of the defects and the delivery note- or invoice number are required.
Defects etc. that can't be found within the given time limit, despite of a careful examination, shall be reported accordingly, immediately after detection.
The special animadversion-duty according to § 377, 378 HGB is not brought into action. If the customer refrains from making a complaint or animadversion, he'll lose all claims for warrantee, and indemnity, even in case the delivered commodity vigorously diverges from the ordered commodity.

3. The liability for warrantee is not applicable, if the customer does not willing follow our request for immediate and proper reconsignment of the rejected commodity.

4. In case of a legitimate complain we either replace the item or cancel the contract on our choice. In case we can't replace the nonconforming item, the customer has the option of either getting a refund on the item or cancelling the contract.

5. Claims for indemnity aimed at us arise only accordingly to section 9.

6. Our liability for warrantee is only reserved for the actual buyer an therefore can 't be conveyed.

7. The legal warrantee period is essential (except bulbs, wearing parts, as well as used and displayed items) The warrantee period won't be extended due to an activated guarantee, nor for replaced and repaired parts. Reconsignment are made at buyer's risk and should be packed carefully in order to prevent any possible damage while shipping. Reconsignment that don't fall under the liability for warrantee will be charged. The reconsignment of non-deficient items will be charged with the originated testing costs.

8. Retention of title

1. We reserve the property in the delivered goods as long as claims from present or future business relations with the customer aren't settled.

2. The purchasers is authorized to sell property reserved to us thru legal business connections, as long as he fulfills the obligations arose thru business relationship a with us in time. Pawnings and cessions by security are not permitted. Claims (including all balance claims. arising from current accounts) arose in terms of the retention of commodity due to selling or another cause in law (affirmation, illegal action) are already now by way of security completely convey to us. If property reserved to us is sold with other non reserved commodities for a all round price, the abandonment will only amount to the absolute value, we charged for the reserved property. The purchasers is repeal able entitled, to collect the assigned claims for our charges on his behalf, as long as he fulfills the obligations arose thru business relationship a with us in time.

3. In case of a illegitimate access to the reserved property by a third party the purchaser will refer to our property, he will immediately inform us, and he will support us in every way, if it comes to a intervention.

4. Expenses for the fulfilment of the obligation to co-operate, as well as expenses arose from receiving and storing commodities, are bared by the customer.

5. In case the attitude of the purchaser is contrary to the contract - especially when he delays to pay a debt - we 're entitled, but not forced, to take the reserved property back, or as the case may be reclaim property the purchaser already sold to a third party. As long as the repayment law does not apply, we don't cancel the contract by repossessing, or pawning the reserved property. The purchaser shall also inform the debtors about the conveyance in writing upon our request, he shall provide the required information, submit documents, release exchanges in order to conform with the conveyed receivables.
If the purchaser's securities exceeds our claims by more than 20%, we'll accordingly release particular securities upon request.

9. Payment

1. If no other agreements exist, charges can be paid without any deductions immediately after the they were issued. In spite of different regulations applied by our customers, we're entitled to deduct the payments upon the costs, the interests, and finally upon the main service. Doing so we'll inform the customer about the way the consumption was carried out.

2. Not the dispatch but the date of the arrival of the payment , or of the credit note at the appointed paying agent is the determining factor for the timeliness of the payment. If the purchaser falls behind with payments, we're entitled to charge, the interest rates charged for open current accounts by commercial banks.

3. In case the exchange or cheque is not cashed on time, or circumstances occur, which in our opinion don't justify the granting of a deferment of payment, we're entitled to demand the complete payment.

4. You can only get a reduction on non conforming items when the non - conformity has been proved and certified by us.

5. In case the payment (Advance payment, Bank direct debit, Cash on delivery, Check) gets rejected by the bank or the purchaser, the purchaser or his agent we'll charge with costs in the amount of 15, -Eur.

6. Only persons entitled by a written authority to collect, with a printed quittance issued by us, are authorised to collect payments.

7. Please inform us when you change you bank account in writing (phone calls or e-mails are no good).In case of an debit entry we'll have to charge a debit entry fee in the amount of 15,- Eur.

8. Buyers from EU mebers states will be charged with the legal german value added tax. Corporate clients from EU mebers states with a sales tax- ID-number won't be charged with the legal german value added tax. Bills are exempt from charges.

10. Claims for damage

Claims for damage due to a vialotion of our contractual, pre contractual, and legal responsibilities, can't be rose against us or our employees, as long as no deliberate, or grossly negligent act is evident.

11. Reconsignment / Exchange

1. You can return items only when we expressly asked for them in terms of a guaranteed warranty, or when we preliminarily agreed on a exchange or a reconsignment in writing.

2. You'll get a gift certificate for reconsignment or exchanges that are not based on our liability for warrantee. From this gift certificate we'll deduct all allowance and purchasing bony you claimed. If you owe us money we'll subtract it from the money we might owe you (gift certificate).

3. We won't issue a gift certificate in exchange for items returned without our agreement.

4. We only accept reconsignments that include the original package, all accessories, instructions and the prove of purchase. We'll issue a gift certificate in exchange for the reconsignment which we'll in cash upon your request. Items that show signs of use, custom-made items or software that has been opened are exempt from retraction.

5. Once a gift certificate was in cashed you can't charge it back.

6. Reconsignments will be charged with 10% of the invoice.

7. As a matter of principle we don't exchange items that don't appeal to you.

12. Cancellation

In case you want to cancel the order of a item, it must be on the same day you ordered it and it must be in writing.

13. Reception of goods

1. We don't take any responsibility when you order is delivered while your not home.

2. If necessary we can agree on a certain time the order should be delivered.

14. Payment

1. In case you reject the order, or you fail to call for the order, it will be send back to us. Therefore we'll charge the shipping and handling fees.

2. In case we have to deliver your order again and again, we'll issue a encashment. You'll have to pay all charges arising from this action.

All terms of business listed above are regarded as a courtesy for our English speaking customers. They haven't been notarised by any jurist, therefore they're not legally binding. Only the German terms of business are legally binding.

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