Deliveries are made exclusively based on these Sales Conditions. By accepting our offer the customer recognises these conditions, even if they are partly or totally in contrary to his terms of business. If the customer does not want to accept our terms he has to reject our offer. As far as software is ordered from Wortmann AG (operating systems or similar programmes) the computer-program stored on the data carrier, programme description as well as other respective equipment is subject of this contract. They are called software in the following.
Our offers are subject to change without notice. Our customers’ orders shall be considered as awarded if confirmed in writing, by telefax, orally or on the phone or by immediate delivery of the goods within a period of 8 days. We are entitled to withdraw from a contract if there has occurred a significant deterioration of the customer’s economic situation, the customer has declared bankruptcy, applied for composition or if the customer is in default of payment for a delivery.
The risk of accidental loss or deterioration of the purchased object shall devolve upon the customer, even in case of deliveries made free of charge. The decision about the way of transport is solely our discretion. Unless explicitly expressed in writing by the customer, the goods will be compulsively insured for the transport by us. Occurred damage and loss of transport have to be reported immediately. The customer is obliged to accept partial deliveries without any written consent.
Warranty for all computers, screens and printers
The warranty period is 24 months from delivery date ex our warehouse, repairs beyond the warranty period which have to be made for the stockist trade by WORTMANN AG will be charged according to the current computer price-list for repair flat rates. To claim a warranty it is necessary to enclose a description of the defect, including the model number, serial number and a copy of the invoice or the delivery note of the defective item. A warranty case does not automatically mean a prolongation of the warranty. Wear and tear and the consequences of improper storage or utilisation by the customer shall not be covered by any warranty. The customer shall notify us in writing about any possible defects within one week after receipt of the goods; otherwise the goods shall be considered as approved and there shall not be any liability on our side. A pre-exchange is not possible. The defective item has to be delivered to our premises free of charge. The warranty of WORTMANN AG is limited to rectification of defects. If a rectification is not possible we will supply a replacement delivery. After that the customer has the right of claim to reduction or exchange. In case of coexistent purchase of hardware, operating systems or other software these are deemed as not sold belonging together.
WORTMANN AG assigns its warranty claims it has against its sub suppliers to the customers of WORTMANN AG. Any warranty claims which are made by WORTMANN AG customers against WORTMANN AG are dependent on the prior judicial filing of the suppliers .WORTMANN AG underlies only warranty deed in case of an unsuccessful prior juridical claim against the sub suppliers.
Any customer liability claims applying to claims for damages from faulty action on the date of contract, due to other failure to comply with obligations or due to tortuous claims for replacement of damages are excluded unless occurred through gross negligence or deliberate intention on our side and by our vicarious agents. As far as products produced by WORTMANN AG are concerned, claim based on producer liability is excluded as far as a direct consumer is affected.
If warranty compensation has been agreed, any claim for warranty is accepted.
Time of Delivery
The period of delivery starts as soon as all order terms have been agreed and the clearance of any contract modalities has been carried out. Claims based on non-compliance of a delivery period only exist if an extension of time of at least 2 weeks has been granted by registered post and also this extension of time has not been fulfilled. Business disruptions of any kind and by any reason however, release WORTMANN AG from any agreed delivery period. They justify a partly or total withdrawal. Claims for compensation are excluded.
The prices stated are without obligation. All prices are based on the current price-list, but we reserve the right to pass on prices increases without further notice particular due to currency rate fluctuations, increase of freight costs, etc. Order volumes not amounting to 150,00 Euros are subject to a surcharge of 10 Euros. All prices are ex warehouse Hüllhorst plus the legal VAT rate.
Delivery is made cash on delivery or against cash with order. No early payment discount is granted. Should not otherwise be agreed our delivery invoices shall be paid purely net within 7 days as of invoice date. The buyer shall be obliged to pay delay interest determined 5 % above the base interest rate of the German Federal Bank without further reminder after the stipulated time of payment. The enforcement of claims of further damage due to delay in performance is herewith not excluded. Otherwise provided agreements shall be made in writing. As far as no deviant terms of payment have been agreed, the seller is entitled to withdraw the invoice amount from the customer’s bank account by bank debit memo. The buyer herewith grants his direct debiting authorisation. Any other agreements have to be negotiated in writing.
Reservation of Property Rights
a) We shall reserve the property in the object of purchase until receipt of any and all payments under the delivery contract. The property rights also cover the recognised account balance as far as claims against the contract partner have been booked in a current account.(current account retention of title).
b) In the event of non-compliance with contract, especially delay in payment by the customer, WORTMANN AG shall be entitled to take the object of purchase back. The buyer shall be obliged to hand over the object of purchase The taking-back of the object of purchase does not include a withdrawal from the contract, unless WORTMANN AG declared this especially in writing. In the event of attachment or other interventions by third parties, the customer shall be obliged to notify WORTMANN AG immediately in writing in order to enable us to institute third party claim proceedings in accordance with section 771 German Code of Civil Proceedings.
c) The customer shall be obliged to treat the purchased object with care; in particular, he shall be obliged to take out, at his own expense, a fire, water, and theft insurance in the amount of the fixed value of the object to be insured. The customer herewith assigns his claims resulting from the insurance contract to WORTMANN AG. WORTMANN AG accepts the assignment.
d) In case the sales price is paid by cheque or bill of exchange this just means a cheque or bill of exchange based claim for the seller. The prolongation of the property right and claims from the delivery decease when the cheque or bill of exchange has been paid by the customer as the draw.
e) The customer is entitled to resell the purchased object subject to retention of title in the ordinary course of business. He herewith assigns to WORTMANN AG any and all claims accruing to him from the resell to his buyers or to any third party, irrespective of whether the purchased object was resold without or under any agreement. WORTMANN AG herewith accepts the assignment.
f) If the purchased object is sold unprocessed or in connection with items that are sole owned by the buyer, he herewith assigns the claims in full to the seller. If the purchase object is sold and processed or connected by means of other components not belonging to the seller, he herewith assigns to WORTMANN AG all his claims to the amount of the processed purchased object including all ancillary rights and encumbrance of the remainder. The seller accepts the assignment.
g) The customer shall remain entitled to collect his receivable also after the assignment. However we shall have the right to collect the receivables ourselves. The seller shall be obliged to refrain from collecting the receivable, as long as the customer complies with his payment and other duties. But the seller shall be entitled to request from the customer information on the assigned claim and its debtor, any and all information required for collection, to surrender the appertaining documents and that the buyer notifies the debitor (third party) about the assignment.
h) Processing or transforming of the purchase object is always performed on our behalf. If the purchased object is processed with items in sole property of the buyer or with items without prolonged reservation of title, the seller is granted the sole ownership of the new item. If the purchased object is processed with other items not owned by the buyer, the seller is granted the joint ownership of the new item in relation to the value of the purchased object subject to retention of title at the time of processing.
i) If the value of the existing securities exceeds the to be secured claims by more than 15%, the seller is obliged to release on request of the buyer.
j) By purchasing the object you obtain ownership of the data carrier and the included programme. The software as well as any descriptions, documentations or other accompanying material are copyrighted. Your right of ownership is therefore limited. By purchasing the object you obtain the simple and personal right to use the attached copy of the software on a single computer (i.e. with only one CPU) Copying is only allowed for the purpose of safety copies.
Compensation in case of breech of contract
WORTMANN AG informs you that the buyer is liable for all cases of infringement of copyright which arise the licensor by his infringement of the terms of this contract. In addition we inform you that copying or distribution of the software or a processed or changed version hereof can result in a punishment of one year prison sentence or a fine.
WORTMANN AG grants that at the time of surrendering the data carrier containing the software, it is free of any material defects under normal conditions of operation. Should the data carrier be faulty, the purchaser can claim replacement delivery within the warranty period of 24 months from delivery. If a replacement delivery fails, you can choose between reducing the price or cancellation of the contract. If any errors occur in the software itself, the purchaser is only granted a conversion privilege. This conversion privilege is not extended to any supplied hardware. Compensation claims as well as right of replacement for faults, follow-up and accompanying damage can only be granted if the feature has been especially assured in a written agreement. Terra and Magic are registered trademarks of WORTMANN AG.
The export of contract goods to countries outside the EU or the import of contract goods from countries outside the EU is not allowed, unless our prior approval in writing has been given. For all exports the European and US American bans of export have to be adhered to.
Place of jurisdiction and place of performance
Place of performance for payment and delivery for the contractual partners is Hüllhorst. Place of jurisdiction is Lübbecke. Should different terms of business show different places of jurisdiction it is herewith agreed that Lübbecke is the place of jurisdiction if the customer is a registered trader.
Should any of the provisions of the GTCs be ineffective or void in part or in whole, the commitment of the contract is not concerned. The contractual partners agree to stipulate a provision that comes closest to the meaning and purpose of the ineffective provision. By announcing these GTCs, all former provisions become void.
Data sourced from Wortman AG