AGB's

Longshine Technologie (Europe) GmbH
General Terms of Business

1. Validity of the terms:
1.1 Deliveries, services and offers by Longshine Technologie (Europe) GmbH are subject exclusively to these terms of business. They therefore apply also to any future business relationship without again being expressly agreed upon. The terms are considered accepted at the latest when goods or services are received. Any counterclaim by the purchaser with reference to his own business terms or purchasing terms is hereby expressly ruled out.
1.2 Deviations from these terms of business are valid only when confirmed by us in writing.

2. Offers:
2.1 All offers made by Longshine Technologie (Europe) GmbH are subject to confirmation and not binding. Orders are considered to be accepted only when confirmed by us in writing.
2.2 Any technical and physical divergence from descriptions and information in brochures, catalogues and other literature as well as model, design and material changes in terms of technical progress remain
our reserved right and do not constitute grounds for any claims against us.

3. Prices
All prices are ex warehouse of Longshine Technologie (Europe) GmbH, plus the currently valid value added tax. Should our list price applicable on the day of delivery or on the day when the goods are made available for collection be higher than the price stated in the confirmation of order, we are entitled to invoice this price. Packaging, freight and necessary insurance costs are charged separately.

4. Delivery and service dates:
4.1 The dates and periods stipulated by us are not binding unless otherwise expressly agreed in writing.
4.2 All deliveries are subject to the correct and timely delivery of our own supplies. They begin on the day of our confirmation of order, but not before all details of execution have been cleared, and are extended, should the customer cause any delay, by the period of the delay thus caused, without prejudice to our rights. Part deliveries are permissible.
4.3 We are not liable to uphold dates and periods, including those expressly agreed, when delivery and service delays are caused by force majeure and due to events which make delivery very difficult or impossible, such as material supply difficulties, operational breakdowns, strikes, official directives, etc. including those applying to our suppliers or their suppliers. This entitles us to delay the delivery or service for the duration of the hindrance plus an appropriate start-up period, or to withdraw from the contract totally or partially regarding the unfulfilled part.
4.4 We are otherwise in default only if the purchaser has granted an additional period of grace of at least two months. Should we be in default, the purchaser is entitled to claim compensation of 1/2% for each complete week of delay, though this may not exceed 5% of the invoice value of the delivery and service affected by the delay. Any further claims, in particular claims for damages of any kind, are ruled out.

5. Forwarding and passing of risk:
5.1 Forwarding takes place at our choice and the purchaser's risk.
5.2 The risk is passed to the purchaser as soon as the goods are handed over to the person carrying out the transport, or have left our warehouse - in the case of direct forwarding, the German import harbour - for forwarding. The goods are automatically insured at the purchaser's cost.
5.3 Should forwarding be delayed or made impossible through no fault of ours, the risk is passed to the purchaser when the notification that the goods are ready for forwarding is sent to him.
5.4 Should collection by the customer be agreed and the goods not be collected within 14 days after the notification that the goods are ready is sent, we are entitled to send the goods to the customer, cash on delivery.

6. Guarantee:
6.1 Usual trade or unavoidable divergences in the design and finish of the appliances, casing design, etc. (e.g. as a result of a new design and/or new development), or as a result of technical changes necessary for the development of the appliances, also in subsequent deliveries, do not constitute grounds for any claims against us. We do not guarantee the suitability of appliances delivered by us for a specific use or purpose. We do not guarantee compatibility of the appliances delivered by us with appliances produced by other manufacturers.
6.2 On receipt of the delivered goods, the customer must check that they are complete and have no visible defects. Any complaints arising from defects of this kind must be made in writing, giving reasons, without delay, no later than 8 days following receipt of the goods. No such claims can be made after expiration of this period. Hidden defects which appear later, in particular in computer hardware and software covered by our guarantee, must be founded and reported in writing as soon as they are discovered.
Defects found in part of a delivery do not entitle the customer to bring a complaint with regard to the entire delivery, provided that the rest of it can be used by the customer. The customer alone carries the onus of proof that the rest of the delivery cannot be used.
6.3 We grant a guarantee of sixty months from the delivery date appearing on the invoice for appliances supplied by us and which are used in the Federal Republic of Germany. The guarantee includes appliance defects appearing within the guarantee period, and these will be repaired or defective parts replaced by us without delay - if possible, within five working days after receipt of the defective appliance. Transport costs for defective or repaired appliances can be charged to the customer separately.
Replaced parts revert to being our property. We are entitled to attempt to repair the defect three times. Our customer service will decide where, how and to what extent the guarantee service is to be carried out, depending on the individual circumstances. Should we be unable to repair the defect, or should it be impossible, or should we be in default for longer than four weeks after being given a time limit in writing by the customer, the customer becomes entitled to cancel the sale or claim a reduction of the purchase price in accordance with currently valid legal provisions.
When a defective part is repaired or replaced a new guarantee period only for that part of the appliance which is repaired or replaced is given in accordance with the guarantee conditions above.
Excluded from the above guarantee is normal wear and tear on the appliance, in particular on parts such as ribbons, rubber rollers, writing and reading heads. The same applies to damage resulting from improper use, improper operation and delivery, the use of incorrect accessories and transport damage. In addition, the above guarantee does not cover our second-hand machines.
6.4 Return or replacement of goods requires our prior agreement in writing. We will issue credit notes for returned goods only if they are received undamaged. Goods bought from residual stocks or on special offer are excluded from return or replacement.
6.5 The above paragraphs include conclusive guarantee provisions as well as the guarantee we offer on our goods and rule out any other guarantee claims whatsoever, in particular damage resulting from defects.
We are not liable for any loss or damage of software and/or data saved on storage systems of appliances delivered by us or other appliances.
In addition, we accept no liability for any damage to peripheral appliances, that is, appliances not supplied by us. Only our immediate contract partner is entitled to any warranty or guarantee claims against us and these are not transferable.
6.6 Defective appliances are to be sent to us, postage paid, together with the invoice and description of the fault.
6.7 Only the immediate purchaser is entitled to file guarantee claims against us, and these are not divisible.

7. Reservation of title:
7.1 We reserve title of the goods delivered until full and final payment of the amount due to us and any other demand arising from any legal grounds whatsoever. Reservation of title is also retained when individual receivables of Longshine Technologie (Europe) GmbH have been added to a current invoice and the balance struck and acknowledged.
7.2 The purchaser is entitled revocably to sell the goods delivered within the framework of his properly conducted business operations at customary trade prices and subject to the following conditions:
7.2.1 The purchaser's entitlement to process reserved goods in properly conducted business dealings ends when he fails to make payments due or when he applies for or initiates bankruptcy or receivership proceedings.
7.2.2 The purchaser does not acquire ownership, according to Article 950 BGB (Civil Code), of the new goods as a result of processing the reserved goods. Processing is undertaken for the seller without this incurring any liabilities for him. Should the goods be processed, mixed or combined with other objects, the seller acquires part-ownership of the new goods to the value of his goods under reservation of ownership in proportion to the total value.
7.2.3 The purchaser hereby cedes to the seller all receivables including any ancillary rights on the resale of the reserved goods, proportional to the invoice value of his part-ownership of goods that have been processed, mixed or combined. In the last case, the cession entitles the seller to the percentage of the selling price commensurate with the invoice value of his reserved goods in proportion to the invoice value of the object. Should the purchaser sell the demand within the framework of real factoring, he then cedes the receivables on the factor to the seller. Longshine Technologie (Europe) GmbH accepts this cession.
7.2.4 The seller will not collect the receivables ceded as long as the purchaser meets his financial obligations. The direct debit authorization is extinguished by a delay in payment by the purchaser. In this case, the seller has power of attorney from the purchaser to inform the recipient of the cession and to collect the receivables himself.
7.2.5 The purchaser is obliged to supply the seller with a detailed list of the receivables due to the seller including the name and address of the recipients, the amounts of the individual receivables, invoice date, etc. and any information necessary to enforce the ceded receivables and to permit  examination of this information. The purchaser is entitled to collect the receivables himself until otherwise instructed by the seller.
7.2.6 The seller undertakes to release sureties due to him insofar as their value exceeds the receivables to be secured by more than 20%.
7.2.7 The pledging or chattel mortgaging of the reserved goods or the ceded receivables is inaEuroissible. The seller is to be informed immediately of any pledging and the identity of the pledgee concerned.
7.2.8 Should the seller redeem the delivered object on grounds of reservation of ownership, this does not constitute cancellation of the contract. The seller can dispose of the reserved goods so redeemed at his own discretion.
7.2.9 The purchaser stores the reserved goods for the seller without charge. He must insure them against normal risks such as fire, theft and water at the usual rates. The purchaser hereby cedes his claims to damages from the above-mentioned risks against insurance companies or other parties liable for damages to the seller in proportion to his receivables.
The seller accepts this cession.
7.2.10 All demands, including the rights arising from reservation of ownership, in all the special forms laid down in these terms, remain in force until complete indemnity is given to the seller by the purchaser against possible liabilities.

8. Payment:
8.1 Unless otherwwise agreed, our invoices are payable cash on delivery without discount.
8.2 We are entitled to credit payments made by the purchaser against older debts first, despite any instructions by the purchaser to the contrary. Should any costs and interest already have been incurred, we are entitled to credit the payments against the costs first and then the interest and finally against the main demand.
8.3 Should the purchaser be in arrears, we are entitled to charge interest from that point of time at usual bank rates, but at least at 5% higher than the current discount rate of the German Federal Bank.
8.4 Should the purchaser not fulfil his financial obligations in accordance with the contract, or should he discontinue payment, or should we be informed of other circumstances which render his creditworthiness doubtful, we are entitled to make due for payment any remaining debt, to demand advance payment or down-payments.
8.5 The purchaser is only entitled to set off, withhold or reduce payments, even if notice of faults or counter-claims has been put forward, should we agree explicitly or should the counter-claims be res judicata.

9. Export:
Exporting of our goods to countries outside the EC requires our written consent notwithstanding the fact that the purchaser is responsible for obtaining the necessary import or export permits.

10. Place of performance:
10.1 The place of performance is the registered office of Longshine Technologie (Europe) GmbH.
10.2 Jurisdiction for legal proceedings for order to pay debts is the court with jurisdiction where Longshine Technologie (Europe) GmbH has its registered office. Jurisdiction for any dealings with customers in respect of Article 24 AGBG (Law on General Business Conditions) is exclusively the court with jurisdiction where Longshine Technologie (Europe) GmbH has its registered office. We are, however, entitled to institute legal proceedings at the purchaser's registered office.
10.3 The applicable law is that of the Federal Republic of Germany. Application of the EGK and AKAG is expressly ruled out.

11. Partial nullity:
Should any provisions be or become void, ineffective or contestable, the remaining provisions will remain unaffected and are then to be interpreted or supplemented so that the intended purpose is as closely achieved as possible in legally permissible terms. This applies also to any possible omissions requiring supplementation.


Guarantee, repair/replacement conditions

1. Longshine Technologie (Europe) GmbH grants a 5-year guarantee on all its own products, unless specifically stipulated otherwise. Goods purchased for resale are subject to special guarantee conditions, whereby their guarantee and warranties do not apply unless other terms have been expressly agreed on.

2. Goods subject to guarantee must be delivered to Longshine Technologie (Europe) GmbH free of charge.

3. Each guarantee article delivered to us receives an RMA number. All further queries regarding guarantee must make reference to this RMA number.

4. Goods not bought directly from Longshine Technologie (Europe) GmbH are not covered by guarantee. No guarantee terms will be fulfilled.
4.1 Goods bought from a foreign branch of Longshine Electronic Co. are covered by guarantee subject to payment of a separate charge.

5. Testing of non-defective goods sent to Longshine Technologie (Europe) GmbH will be charged to the sender.
5.1 The cost of testing non-defective goods is charged as follows:
5.1.1 At a purchase price of up to 40 EURO per article the testing charge is 10 EURO.
5.1.2 At a purchase price of 40 EURO to 200 EURO per article the testing charge is 15 EURO.
5.1.3 At a purchase price of over 200 EURO per article the testing charge is 25 EURO.
5.1.4 For notebooks, laptops and PC systems the testing charge is 50 EURO.
5.1.4.1 If the fault is due to an incorrect Setup setting in the BIOS the testing charge is 100 EURO.

 

   

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