Terms & Conditions of the Company SVS Nachrichtentechnik GmbH
The following terms and conditions apply to all - also future - contracts, deliveries and other services of the company SVS Nachrichtentechnik GmbH. They apply to contracts concluded with customers who are entrepreneurs or legal entities under public law or public law special funds or consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. Conflicting terms and conditions of the contracting party have no validity to us without our express written confirmation; they also do not become part of the contract if the company SVS Nachrichtentechnik GmbH does not contradict its validity again and provides the contractually owed delivery or service without reservation. With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again.
2. Offer and contract conclusion
(1) Offers of SVS Nachrichtentechnik GmbH are always non-binding and without engagement and an invitation to the customer to make an order. The documents belonging to the offer, such as descriptions, illustrations, drawings, weights and measurements as well as other technical data are only approximate, unless they are expressly designated as binding, and unless the usability for the contractually intended purpose requires an exact match. This also applies to information in catalogs, brochures and in advertising; These are not guaranteed characteristics.
(2) By presenting the products in our online shop at www.svs-funk.com, we make a binding offer to conclude a contract for these articles. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation mail.
(3) The purchaser is, as far as no other binding period is determined, bound to his order for two weeks. The contract is concluded when the company SVS Nachrichtentechnik GmbH has confirmed the acceptance of the order to the customer, or the delivery is executed.
(4) The company SVS Nachrichtentechnik GmbH reserves the right to change the agreed quantity and the quality of the service, as far as the change is still within the scope of a customary tolerance.
(5) The purchase contract is concluded with SVS Nachrichtentechnik GmbH.
3. Contract language, contract text storage
The language available for the contract is English. We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.
4. Prices, terms of payment and offsetting
(1) In the absence of any special agreement, the prices shall be ex warehouse of the company SVS Nachrichtentechnik GmbH and shall be understood in EURO plus statutory value added tax, packaging and shipping costs, plus any customs duties and other public charges upon export delivery.
In our online shop on www-svs-funk.com the net prices, the legal sales tax and other price components are indicated. In addition there are any shipping costs.
(2) Should the delivery be made more than 4 months after the conclusion of the contract, SVS Nachrichtentechnik GmbH shall be entitled to demand an increase of the price for price increases of its suppliers or unexpected increases in other costs. If the price is based on a list price, the price increases with this.
(3) In the absence of a special agreement, payment is due within 30 days of the invoice date, the acceptance of checks remains reserved and shall only be deemed to have been paid after final redemption. When ordering a new customer for the first time, SVS Nachrichtentechnik GmbH reserves the right to deliver only against payment in advance, Paypal or SEPA direct debit. Incidentally, SVS Nachrichtentechnik GmbH is also entitled to demand a down payment of 30% of the expected invoice amount.
When ordering in our online shop at www.svs-funk.com, the following payment methods are generally available:
Payment in advance
If you select the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment. The consumer is obligated to pay the purchase price immediately after the conclusion of the contract.
As part of the payment service PayPal Plus, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can specify your payment details, confirm the use of your data by PayPal and the payment instructions to PayPal.
(4) If the customer does not pay by the due date, SVS Nachrichtentechnik GmbH shall be entitled to make all claims arising from an ongoing business relationship due for immediate payment and to withhold further deliveries and services. The customer must reimburse the delay damage.
(5) Offsetting against counterclaims of the customer is only permitted when this has been recognised by SVS Nachrichtentechnik GmbH or determined by law.
5. Delivery times and delay
(1) Delivery deadlines and dates are only bindingly agreed if they have been expressly designated as binding by SVS Nachrichtentechnik GmbH. The delivery period begins with the conclusion of the contract, but not before the provision of any documents, approvals, clearances still to be obtained by the customer, and before receipt of any agreed payment. Call orders require an explicit agreement.
(2) Unless otherwise agreed, orders are combined into one delivery. In our online shop at www.svs-funk.com, the corresponding delivery times are stated per position. The longest specified delivery time applies.
(3) Delivery deadlines and dates shall be extended appropriately for measures in the context of legitimate industrial disputes, in particular strikes and lockouts, as well as for the occurrence of unforeseen obstacles beyond the control of SVS Nachrichtentechnik GmbH or its vicarious agents.
(4) SVS Nachrichtentechnik GmbH is entitled to withdraw from the contract if the manufacturer or a pre-supplier does not supply them. The right of withdrawal only applies if a cover transaction has been made, the non-delivery is not responsible for the company SVS Nachrichtentechnik GmbH, the customer is immediately informed by the company SVS Nachrichtentechnik GmbH and counter-payments of the customer are refunded immediately.
6. Shipment and transfer of risk, insurance
(1) For entrepreneurs:
In the absence of any special agreement, the shipping route and means of delivery are left to the choice of SVS Nachrichtentechnik GmbH, but dispatch is at the risk and expense of the customer.
In the case of a shipping purchase, the risk of accidental damage or accidental loss passes to the Customer upon handover of the object of purchase to the shipper, the carrier or the person or entity otherwise responsible for carrying out the shipment. This also applies if SVS Nachrichtentechnik GmbH has taken on additional services. Incidentally, the transfer of risk takes place with the notification of readiness for shipment, if the shipment is delayed for reasons. which the customer is responsible for.
At the request and expense of the customer, SVS Nachrichtentechnik GmbH will insure the shipped goods against loss, damage and other dangers.
(2) For consumers:
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to complain to the deliverer or to contact us does not have any effect on your statutory warranty rights. However, they help us to claim our own claims against the carrier or the transport insurance.
7. Retention of title
(1) SVS Nachrichtentechnik GmbH reserves the title to all delivered goods until the customer has paid all claims arising from the business relationship.
For entrepreneurs, section 7 point 2 to 7 applies in addition:
(2) The customer shall store the reserved goods free of charge for SVS Nachrichtentechnik GmbH and is obliged to handle the reserved goods with care, to perform all necessary maintenance and repair work on their own account and to secure the reserved goods against interventions by third parties.
(3) The customer may neither pawn nor assign the goods without the consent of SVS Nachrichtentechnik GmbH. The customer is obliged to immediately notify SVS Nachrichtentechnik GmbH in case of seizure or other interventions by third parties, so that SVS Nachrichtentechnik GmbH can assert its ownership rights. Insofar as the third party is not in a position to reimburse SVS Nachrichtentechnik GmbH for the resulting costs, the customer is obligated to compensate for these costs.
(4) The customer is entitled to resell or process the object of purchase in the ordinary course of business. He assigns to the company SVS Nachrichtentechnik GmbH already now, as a precaution, the claim which accrues to him from the resale against his customer or third party; the assignment is hereby accepted by SVS. The same applies to surrogates thereof, e.g. Claims for damages or insurance claims.
(5) In the case of the connection or mixing of the goods delivered by SVS Nachrichtentechnik GmbH with other goods SVS Nachrichtentechnik GmbH acquires co-ownership of the unitary item in proportion of the invoice value of the reserved goods to the value of the other items. If the customer processes the goods subject to retention of title, it is agreed that the processing takes place in the name and for the account of SVS Nachrichtentechnik GmbH and the latter acquires ownership of the newly created object.
(6) If SVS Nachrichtentechnik GmbH withdraws from the contract in case of breach of contract by the customer (in particular default in payment), SVS Nachrichtentechnik GmbH is entitled to demand the reserved goods or - in the case of subsection 5 - the new item. In case of recovery, the customer shall bear the expense of the company SVS Nachrichtentechnik GmbH GmbH in the return and recovery of the goods.
8. Notice of defects and liability for defects in the purchase, prescription
(1) The items delivered by SVS Nachrichtentechnik GmbH must be examined carefully immediately after their delivery to the customer or to a third party designated by the customer.
For entrepreneurs applies in addition: The goods supplied by SVS Nachrichtentechnik GmbH shall be deemed to have been approved by the customer in respect of obvious defects and defects that would have been detected by immediate careful examination, if SVS Nachrichtentechnik GmbH does not receive a written notice of defects within 7 working days after delivery. This also applies mutatis mutandis to defects that show later, were therefore not yet recognizable upon delivery; also in this respect a notice period of 7 working days applies.
(2) In the case of material defects of a newly manufactured object, SVS Nachrichtentechnik GmbH is entitled and obliged to remedy the defect (remedy) or subsequent delivery (replacement) within a reasonable period of time and at its discretion. Do these efforts fail, e.g. in the case of impossibility, unacceptability, refusal or inappropriate delay of the repair or replacement, the customer can withdraw from the contract or reduce the purchase price appropriately.
Unless explicitly agreed otherwise below, the statutory warranty rights apply.
For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory periods of limitation for the right of recourse remain unaffected. If an approval is required, the acceptance takes the place of delivery / delivery. With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions which were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
The warranty period for newly manufactured goods is thus a total of one year for consumers and entrepreneurs.
(3) If the defect is due to a fault of SVS Nachrichtentechnik GmbH, then any claims for damages of the customer are based on the provisions under Section 10 of these Terms and Conditions.
(4) The warranty does not apply if the customer changes the object of purchase without the consent of SVS Nachrichtentechnik GmbH or has it modified by third parties and the elimination of the defect becomes impossible or unreasonably difficult as a result; In any case, however, the customer bears any additional costs resulting from the change of the defect removal. The warranty is also void for defects and damages that are based on the following reasons and are not due to a fault of the company SVS Nachrichtentechnik GmbH: Inappropriate or improper use of the thing, incorrect commissioning by the customer or third parties, missed maintenance, if these are common or recommended by the manufacturer, normal wear and tear of wearing parts or use of unsuitable equipment.
(5) The sale of used items by SVS Nachrichtentechnik GmbH takes place under exclusion of any material defect liability.
(6) You can contact our customer service for any questions, complaints and complaints on weekdays from 9:00 am to 3:00 pm at the telephone number +49 (0) 7124/92860 and by e-mail at firstname.lastname@example.org.
9. Claims for defects in assembly work and other work performances
For planning services, assembly, repair and maintenance work, which has been taken over by SVS Nachrichtentechnik GmbH, the warranty period for material defects is 12 months from the beginning of the statutory limitation period; this regulation does not apply other services.
10. Limitation of liability and damages
(1) The liability of the company SVS Nachrichtentechnik GmbH for damages, for whatever legal reason, which is based on simple negligence on the part of its organs, legal representatives, employees or vicarious agents, is excluded unless there is a fundamental breach of contract. An essential contractual obligation consists in the timely delivery and - as far as agreed - installations free of essential defects, as well as in advisory, protective and custody duties, which enable the customer to use the service in accordance with the contract or the protection of life, limb or health or the protection of its property against significant damage.
(2) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of SVS Nachrichtentechnik GmbH.
(3) Insofar as SVS Nachrichtentechnik GmbH provides technical information or acts in an advisory capacity and this information and advice is not part of the contractually agreed scope of services owed by it, this is done free of charge and to the exclusion of any liability.
(4) The above provisions in Section 10 of these terms and conditions shall not apply to the liability of SVS Nachrichtentechnik GmbH for intentional conduct, for guaranteed characteristics, for injury to life, body and health or under the Product Liability Act.
11. Prohibited applications
(1) The products offered by SVS Nachrichtentechnik GmbH may under no circumstances be used for anti-personnel landmines or for biological, chemical or nuclear weapons. The products are also not suitable and approved for use in spacecraft or aircraft or other aviation applications. Unless otherwise agreed in individual cases, this also applies to applications of the products in medical devices.
(2) In case of improper use of the products according to paragraph 1, any warranty is excluded; If claims for damages are asserted against SVS Nachrichtentechnik GmbH in such a case, the customer is obliged to indemnify SVS Nachrichtentechnik GmbH from any claims.
(1) In the case of export transactions, special provisions may apply and have to be observed, which are made available to the customer upon request. However, the customer remains responsible for compliance with all statutory provisions, if the products of SVS Nachrichtentechnik GmbH are to be exported to other countries; He must apply for any export licenses at his own expense.
(2) For entrepreneurs: The customer is obliged to inform SVS Nachrichtentechnik GmbH immediately if a company that is to be supplied with products of SVS Nachrichtentechnik GmbH is listed on the US Denied Persons List / US Specially Designated Nationals List / Debarred Persons List or other sanction lists of the EU or the US; In this case, SVS Nachrichtentechnik GmbH is entitled to withdraw from the contract. At the request of SVS Nachrichtentechnik GmbH, the customer must also provide complete information about the end customer and the final destination of the product.
13. Place of Performance, Jurisdiction, Applicable Law
(1) The relations between the contracting parties are exclusively subject to the law of Germany.
(2) Place of performance for the legal relations of the contracting parties as well as place of jurisdiction for all disputes arising between the parties is the seat of the company SVS Nachrichtentechnik GmbH in Trochtelfingen, as far as legally permissible and in the individual case nothing else was agreed.
Personal data of the customer are stored and processed in accordance with the data protection regulations by the company SVS Nachrichtentechnik GmbH. Any processing or use of the data by third parties is excluded. A transfer of personal data to third parties takes place exclusively for the security of data and for the provision of services that are both earmarked and are used exclusively by SVS Nachrichtentechnik GmbH.
All companies that possess personal data of SVS Nachrichtentechnik GmbH are prohibited by contract to use this data for purposes other than their intended purpose, in accordance with data protection regulations.
15. Dispute resolution
The European Commission provides an online dispute resolution (OS) platform, available here: https://ec.europa.eu/consumers/odr
We are not prepared and obliged to participate in a conciliation procedure before a consumer arbitration board.
16. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law. Are you a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between SVS Nachrichtentechnik GmbH and you is the seat of SVS Nachrichtentechnik GmbH.