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OUR TERMS AND CONDITIONS

1. GENERAL

1.1. For all deliveries and services exclusively these terms and conditions apply. In addition In addition, the license conditions of the manufacturers enclosed with the products also apply. All product names and logos are the property of their respective manufacturers. Product illustrations are exemplary illustrations and may vary from differ from the delivered products. With the appearance of this catalog, all previous offers lose their Validity.

1.2. Deviations from these terms and conditions, additional agreements and ancillary agreements generally require the written form. 1.3. Our information and offers regarding the devices and product descriptions distributed by us are subject to change. With regard to the constant technical development and improvement of the products we keep us changes in construction and execution compared to those in our various pamphlets and ours Information provided on the online catalog. This also applies to changes that serve to maintain delivery capability. Misprints and errors are reserved. The statements made are not considered warranted property within the meaning of BGB. The buyer is advised that he does not accept goods that he did not order or did not order got to. Again, the return / cancellation right applies. Para. 5th

1.4. Purchase contracts come only by a written order confirmation (E-Mail is sufficient) or the acceptance of the goods by the customer (and after expiration of the revocation / return period). By opening the original packaging, iIn each case the customer accepts our copyright protection and the warranty conditions.

2. PRICES AND PAYMENT TERMS

2.1. For delivery the prices apply at the time of ordering the goods. The legal right of withdrawal in the distance selling law acc. Para. 5 remains untouched. 2.2. Price changes, which become necessary due to changes of customs duties, import and export fees, exchange control, price fluctuations, allocation goods, etc., remain reserved. 2.3. Prices are in EUR and do not include shipping, insurance and packaging costs without software, installation, training, accessories and other ancillary services, unless otherwise agreed, including VAT at the time of printing. 2.4. Invoices are due and payable within 14 days of the invoice date. Deviating special agreements require our written consent. The proforma invoice is the order confirmation. Payment method "Immediately" understands advance payment. Unauthorized invoice reductions and discounts by the customer are prohibited. In case of default, the default interest and the dunning costs incurred (postage, legal fees) will be charged according to the applicable statutory provisions. Default interest rate according to § 288 BGB for companies (B2B) and public clients (B2A): 9% above the base rate according to § 247 BGB, but at least 1.5% per month. Default interest rate according to § 288 BGB for end consumers: 5% above the base rate according to § 247 BGB, but at least 1.5% per month. If the debtor is not an end consumer, we are entitled to claim our claim for payment of the recovery fee of EUR 40. In the event of default, we are entitled to refuse all deliveries and services to the customer, including from other contractual relationships, as well as to cancel at our discretion, project-related and cross-accountant. The costs incurred through restocking and / or depreciation shall be borne by the purchaser or principal. We are not liable for any damages resulting from this non-delivery.

2.5. If a customer is in default of payment, we are entitled to charge reminder fees according to the following table: Reminder level 1: 5, - EUR Reminder level 2: 10, - EUR Reminder level 3: 15, - EUR

2.6 We only supply corporate customers and government customers for an open account after appropriate examination. Should the corresponding proofs fail to materialize within three days of order, the order will be processed at our discretion as for private customers and converted to delivery in advance or the delivery address adjusted according to the invoice recipient. In addition, regular customers can make use of the delivery by open invoice after a positive check from their fourth order.

3. DELIVERY TIME

3.1. Delivery dates must be agreed in writing. The deadline is met if the shipment takes place before the deadline expires. 3.2. All agreed delivery periods are subject to correct and timely delivery. The Delivery time is extended appropriately for measures in the context of work interruptions (strike / lockout), legal and official order (import / export restrictions), force majeure. Claims for damages in case of non-compliance are excluded.

4. DELIVERY, SHIPMENT, RISK

4.1. We are entitled to partial deliveries, unless expressly agreed otherwise. Partial deliveries are valid for payment obligations, transfer of risk and warranty obligations as independent deliveries. The customer is not entitled to reject independent partial delivery. Should an article not be available at short notice, we decide after our choice whether a free of charge subsequent delivery takes place or the article in the invoice with "please reorder" is indicated.

4.2. At our discretion, we determine the shipping method, shipping route and carrier unless otherwise agreed with the customer at the latest when ordering. Shipping fee up to 10 kg domestic Direct debit collection (code 05, "debit") 9,88 EUR Payment in advance 9,88 EUR UPS standard 9,88 EUR UPS on delivery 23,80 EUR UPS Express 45,00 EUR The customer is independently responsible for receiving the delivery during the usual delivery times. In the case of delivery by bank debit, the customer shall independently take care of the existence of the debit authorization at his bank. Fees incurred due to insufficient coverage of the account or a faulty debit authorization, we charge in full to the customer. Shipments> 10 kg will be charged according to actual expenditure. Abroad: Shipments abroad are charged according to effective effort. A delivery on direct debit is not possible. The minimum order amounts are: Domestic: 15, - EUR Foreign: 50, - EUR.

4.3. The consignee is obliged to check the consignment for external integrity upon receipt. Should a transport damage nevertheless occur, an immediate confirmation by the deliverer must be provided. In the case of hidden damage, please bring the package immediately to the post office or to the transport carrier used and have the damage handed over to you. Send back the package with the above mentioned documents. Upon receipt of the damaged goods, you will receive a replacement immediately

4.4. When sending goods and other items to us the respective sender bears the transport risk and all costs incurred. This does not apply to returns within the scope of the granted return.

5. RETURN POLICY FOR CONSUMER CONTRACTS

5.1. We only grant the legal right of return on distance sales for legal transactions that a natural person concludes for purposes that can not be attributed to your commercial or independent professional activity. Such customers are no longer bound to your order if they return the goods within a period of 2 weeks after receipt at their expense (value of goods up to Euro 40, -). If the goods are not ready for parcel forwarding, a corresponding written request for repossession on a durable medium (letter / fax) without stating reasons within the period is sufficient. Absolutely in advance we need to process your complaint filled out by you RMA form.

To meet deadline timely dispatch to:

Thomas Miehling
I & K Technology
Kraillinger Str. 12
82131 Stockdorf
Fax .: 089/70058419
email: This email address is being protected from spambots. You need JavaScript enabled to view it.

5.2. The right of return does not apply to the following categories of goods:

· Sealed goods, if the sealed packaging has been opened / damaged,
· Audio, video recordings,
· Software on data carriers of all kinds,
· Books,
· Batteries, batteries,
· Quartzes,
· Semiconductors, in particular program memories (PROMs, etc.)
· Spare Parts,
· All goods ordered on behalf of the customer.

Furthermore, there is no right of return for individually configured products and products which were manufactured or procured according to customer specifications, customized software and hardware, services, downloads.

If goods which are excluded from the right of return under point 5.2 are exceptionally withdrawn, this shall be at the exclusive decision of the company Thomas Miehling, I & K-Technik under calculation of a restackment fee. This restocking fee is at least 40% of the original net value of the goods and may be up to 80% of the net value of goods, depending on the item group. Depending on the daily price and the resale value of the goods, Thomas Miehling, I & K Technik reserves the right to charge reasonable surcharges. It should be noted that bundles, packs and other compilations of software and hardware can only be returned together.

5.3. However, it must be taken into account that the return takes place in the original condition in the undamaged original / sales packaging. In the event of significant deterioration (e.g. soiling, damage, damaged sales packaging, damaged documentation, incomplete return), we expressly reserve the right to request a replacement. Likewise, the value of the transfer for use is to be paid for up to the return, e.g. for all consumables such as ink, paper, toner, blanks, floppy disks, media, batteries, accumulators, etc. This can establish your obligation to pay the full purchase price. We assert claims for compensation, e.g. in particular for processors, memory modules, hard drives and other PC items, at least in the amount of the price decline, especially since these are subject to constant price decline.

It does not depend on the actual use. Regardless of the reason for the sending / return to us: You can claim compensation in the event of damage or loss of the goods, unless the fault lies with the responsible carrier. You should therefore ensure that your shipment is adequately packed and insured. In any case, keep all evidence (e.g. parcel delivery receipt) of a proper return.

5.4. Any unpaid returns will not be accepted. We will refund the purchase price immediately after receipt of the goods, taking into account the aforementioned points by crediting you to your specified account. Please stamp the return accurately.

6. OWNERSHIP

6.1. We reserve title to the purchased item until full payment of all claims, including ancillary claims. In case of breach of contract we are entitled to reclaim the purchased item. If the purchased item is further processed or mixed with other goods, we acquire co-ownership of the new item. A right of return is excluded in this case.

6.2. The customer is entitled to resell the goods in the ordinary course of business. This does not apply in the event that the customer is in default with a payment obligation to us.

7. WARRANTY / DISCLAIMER

7.1. We guarantee that the delivery items are free from defects according to the current state of the art. The legal warranty period is 24 months for all products delivered by us, beginning with delivery of the goods. Exempted are consumables. The warranty claims are initially limited to subsequent performance. In case of failure of the supplementary performance is entitled to rescission of the purchase contract or reduction of the purchase price.

Excluded from the warranty are damages that are due to natural wear, improper use and lack of care or incorrect operation. In addition, the customer has claims from the guarantee statements of the manufacturers of many technical products that are attached to the products.

7.2. We assume no liability for damages or defects arising from improper use, storage, operation, faulty or negligent treatment. Likewise, any warranty expires if the customer intervenes or repairs himself or has them carried out by persons not authorized by us.

7.3. Obvious defects must be reported in writing immediately, but no later than 2 weeks after receipt of the goods, otherwise claims for defects are excluded. In commercial transactions, §§ 377.387 HGB apply in addition.

7.4. Insofar as a defect of the purchased item for which we are responsible is known, we shall be entitled to remedy the defect or provide replacement at our discretion. The buyer is obliged to return the claimed item with a detailed description of the defect and a copy of the delivery note. Only use our RMA form for this purpose. Furthermore, the buyer is obliged to back up data at his expense. In case of data loss, we can not be held liable. In the event of unjustified claims, we reserve the right to charge an expense allowance for the conducted inspection measures. The amount depends on the effort, but is minimal 29, - EUR plus VAT.

7.5. Unless expressly agreed, further liability claims of the purchaser - for whatever legal reason - are excluded. The above exemption from liability does not apply if the damage is due to intent or gross negligence. Insofar as our liability is excluded, this also applies to the personal liability of our employees.

8. REPAIR CONDITIONS / WORKSHOP ORDERS

8.1. Order placement

Sending a device to us represents an order to carry out the repairs that we consider necessary, unless otherwise stated in the sender's declaration. The first step in our processing is the incoming test of your repair item. If you use our repair order, you have to fill out a repair order for each device. Accessories, if they belong to this device and need to be sent in for troubleshooting, must be listed on it.

8.2. Cost estimates

Cost estimates are made on the basis of a non-dismantled or only partially dismantled device. If further defects or additional expenses exceed 20% of the originally estimated repair amount when the repair is carried out, we will inform the sender and carry out the repair only after a new written order has been placed. If a requested cost estimate shows that the repair costs do not exceed the amount of EUR 30.00 net (excluding packaging, shipping costs and VAT), we are entitled to carry out the repair without written approval at the expense of the sender. If no repair order is placed on the basis of a cost estimate, we charge a flat-rate processing fee of 30% of the estimated repair costs, but at least 39, - EUR plus packaging, shipping costs and VAT if the unrepaired device is returned. The scrapping of the device is free of charge. Repair orders for older, discontinued or no longer in production devices will only be accepted subject to the procurement of spare parts and service documents, which is why the client cannot be given a binding date for completion. In the event of impact / drop / water damage, the functionality may be impaired under unfavorable circumstances, even after a professional repair, but this cannot be determined before the repair. We reserve the right to refuse repairs to impact / drop / water damage. Repairs based on a manufacturer's guarantee / warranty will only be carried out if the repair shipment is accompanied by a receipt from our invoice. If, during the processing of a device originally sent in for warranty, it is found that the damage is not covered by the manufacturer's guarantee / warranty, a cost estimate will be made in each case. If a repair order is not placed within 3 weeks after a cost estimate has been prepared, we are entitled to send the device back to the sender at a charge for our expenses.

8.3. Return

A repaired device is returned immediately after it has been repaired and tested. With prepayment customers after payment.

8.4. Repair that cannot be carried out

The services provided for submitting a cost estimate as well as the other incurred and documented expenses (troubleshooting time equals working time) will be invoiced to the customer if the repair cannot be carried out for reasons for which the contractor is not responsible, in particular because: - the defect complained about did not occur during the inspection, - Spare parts can no longer be obtained, - the customer culpably missed the agreed date, - the contract was terminated during implementation. The repair item only needs to be returned to its original condition at the express request of the customer and reimbursement of the costs, unless the work carried out was not necessary. If repairs are not carried out, the contractor is not liable for damage to the item to be repaired, the breach of secondary contractual obligations and for damage that has not occurred to the item to be repaired itself, regardless of the legal grounds on which the customer invokes.

8.5. The withholding of payments or the offsetting due to any counterclaims of the client disputed by the contractor is not permitted.

8.6. Extended Lien

Due to its claim from the order, the contractor is entitled to a contractual right of lien on the objects that have come into its possession as a result of the order. The contractual right of lien can also be asserted for claims from work carried out earlier, spare parts deliveries and other services, insofar as they are factually related to the object of the order. For other claims from the business relationship, the contractual lien only applies if these are undisputed or a legally binding title exists and the object of the order belongs to the client.

8.7. Agreement, change and cancellation of a workshop appointment

If a workshop appointment has been agreed with us, but you cannot keep it, you can cancel or reschedule the agreed appointment free of charge up to 24 hours before the agreed appointment. After this point in time, a change or cancellation must be paid for at 30% of the net order value on the part of the client. Any advance payments already made will be offset against this. If a workshop appointment was not yet agreed when the contract was concluded, e.g. because the delivery date for built-in parts could not yet be determined, an appointment must be made within 14 days of the contractor's request after all required parts have been received. If an appointment is not made within this period, this is equivalent to a cancellation, which must be paid for by the client with 30% of the net order value. Any advance payments already made will be offset against this.

8.8. Liability for defects

Claims of the customer due to material defects expire after 24 months from the acceptance of the order item if the customer is an end customer (B2C) and after 12 months if the customer is a reseller or business customer (B2B) or public authority customer (B2A, B2G) Claims of the customer due to material defects expire in the case of used goods after 12 months from acceptance of the object of the order, provided that the customer is an end customer (B2C). If the client is a reseller or business customer (B2B) or public authority customer (B2A, B2G), the warranty does not apply. If the client accepts the object of the order despite knowledge of a defect, he is only entitled to claims for material defects if he reserves them at the time of acceptance. Obvious defects must be reported to the contractor in writing immediately after they have been discovered and must be described in detail. Provisions made by the client are excluded from the guarantee. The respective supplier bears the guarantee for this. If it concerns installation orders for supplies, the warranty naturally only extends to the installation work, but not to the supplies. Furthermore, the client is obliged to back up data at his own expense before sending in a repair. In the event of data loss, we cannot be held liable under any circumstances. If data backups are carried out by us, this does not take the place of the client's obligation. Parts to be replaced become the property of the contractor. The guarantee extends exclusively to the work carried out.

8.9 Warranty / Guarantee repairs

If a device is sent to us for warranty / gear repair, this submission is to be understood as an application for the corresponding service. After receiving the device, we first check whether the necessary requirements have been met. If we come to a positive result after the test, the repair / maintenance / replacement will be carried out free of charge for the sender. On the other hand, we will submit a cost estimate if repair / maintenance / replacement is feasible.

9. SOFTWARE / LITERATURE / LICENSES

9.1. In many cases, certain items (such as software) are subject to our manufacturer's license terms beyond our terms. By accepting the goods, the buyer acknowledges their validity and, in the event of a breach, is fully liable for the resulting damage

10. DATA PROTECTION

10.1. The data required for the transaction will be stored and used during the order processing. In addition, we maintain a data exchange with SCHUFA and other credit bureaus for the purposes of credit checks. All personal data is treated confidentially.
Further details can be found in our privacy policy.

11. MISCELLANEOUS

11.1. Stockdorf (municipality of Gauting) is agreed as the place of fulfillment for all bilateral benefits due from the contract, including possible restitution claims.

11.2. Multiple transmitted orders (Tel./Fax/Briefpost/Reports) for whatever reason, are clearly marked as such, otherwise they will be executed again. In such cases no costs can be borne by us.

11.3. The minimum order amounts are: Domestic: 15, - EUR Foreign: 50, - EUR.

11.4. If individual provisions of the delivery contract or these terms and conditions are ineffective, the remaining provisions shall continue to apply.

12. JURISDICTION

The exclusive place of jurisdiction is Starnberg or another legal place of jurisdiction of our choice, insofar as the customer is a merchant within the meaning of the HGB or a corporation under public law.

As of: 15.03.2015

he runs and runs and runs ...

TETRA Measurement Technology

Subtitutes for discontinued equipment and assemblies

TETRA fixed radio terminals (FRT)

AGB_EN