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terms and conditions

General terms of business of Best IT:
§1 area of application of these Terms and Conditions
Terms and Conditions of Best IT, Samir Best (also in the following Best IT called) are valid exclusively towards enterprisers in terms of §§14, 310 paragraphs 1 Civil Code. These Terms and Conditions are valid for all deliveries and achievements of Best IT, also from future business transactions, as far as it concerns legal shops of the same or related kind. Divergent conditions of the customer are valid only if they were recognised by Best IT expressly in writing. Other arrangements, additional agreements as well as verbal or telephone agreements, become legally binding also only after explicit written confirmation by Best IT. The ineffectiveness of single regulations does not touch the effectiveness of the terms of sale and terms of delivery of Best IT, for the rest.

§2 offer and contract end
The offers of Best IT are not-binding and non-binding. Supplements, changes or additional agreements to contractual arrangements need the explicit confirmation by Best IT. The customer receives after order from Best IT e-mail which confirms the entrance of the customer order and performs their details (order confirmation). This order confirmation shows no acceptance of the offer of the customer, but confirms only the entrance of the order with Best IT. A contract end takes place only when a confirmation of order shuts to the customer on the part of Best IT. This confirmation of order by Best IT can also occur by e-mail or fax. In addition, the acceptance of the completion of the contract can also occur through the acceptance of a delivery as an implied explanation by the customer. Best IT is entitled to change a written or orally explained offer up to the explicit contract confirmation by Best IT any time or to move back. Best IT can accept the offer within two weeks from entrance of the offer of the customer with Best IT. Quotations can be crossed or fell short about 15%. Should an article not be available, reserves itself Best IT to offer the delivery of a spare article - in price and qualitatively equally-. It stays empty to the customer to accept this offer or to decline. In case of a refusal will refund Best IT already preserved payments. Authoritatively for the contents of the contract are the confirmation of order of Best IT and our general terms of sale and terms of delivery, From this divergent arrangements always need the explicit written confirmation of Best IT.

§3 delivery
The deliveries occur from camp Best IT. The danger of the setting or the damage of the product goes over at the time on the customer in which Best IT hands over the product to a forwarding agent or carrier, at the latest however, with abandonment of the camp of Best IT. An assurance of the product against damages in transit occurs only at explicit wish and at the expenses of the customer. Force majeure and other unusual circumstances, like in particular labour disputes, strikes, hoheitliche measures and traffic blocks, anyhow whether they have entered with Best IT or with our suppliers release us either for the duration of her effects, or, as far as they lead to the impossibility of the delivery / achievement, all together from Of delivery one/Leistungspflicht. If the achievement impediment continues longer than 6 months, a right to rescind is entitled to us and the customer. A delay compensation is valid under these circumstances as not forfeited. The observance of our obligation of delivery assumes the timely and proper fulfilment of the obligations of the customer. Should the customer come to acceptance delay or injure culpably other co-operation duties, the customer has to substitute for the obligation, Best IT to her originating with it damage, including any Mehraufwendungen. Best IT expressly reserves itself further claims. At the time of the acceptance delay by the customer the danger of an accidental setting or an accidental deterioration of the purchase thing on the customer goes over. The date of delivery calls the departure of the camp. Should a damage arise to the customer on account of a delay in debt by us, he is entitled to demand a delay compensation. The right for the assertion assumes that we have not kept to an adequate extension in writing sedate by the customers. The height of the delay compensation amounts for every full week of the delay to maximum 0.5%, all together, however, at most 5% of the value of that part of the whole delivery which is available as a result of the delay not on time. About that going out claims are excluded, unless, the delay founds itself upon intention or coarse carelessness.

§4 guarantee / liability for defects
The claim of the customer on subsequent performance, removal of a lack or the delivery of a thing free of lack come under the statute of limitations within one year. The period of limitation begins with all claims with the delivery, with work achievement with the decrease. Evident defects of the purchase thing are to be indicated Best IT immediately in writing. The rebuke duty applying for businessmen after §377 HGB continues. First to give Best of all opportunity IT to perform subsequent performance in adequate term, namely after our choice by the removal of the lack, the delivery of a thing free of lack or the production of a new work. The customer is obliged to allow the investigation of the goods reprimanded by him for the realisation of a subsequent performance or lack removal and to make available the reprimanded product to the check Best IT. In case of the sending of the product for the purpose of the assertion of guarantee claims by the customer, this is obliged to use the original packaging or to provide at own expenses for a suitable packaging. If the subsequent performance misses finally, it cannot be expected of us or is possible for them only with disproportionate costs / expenditure, the customer can withdraw - regardless of any compensation claims - from the contract or diminish the reimbursement. (Same is valid if the subsequent performance is unreasonable for the customer.) Claims of the customer because of the expenditures necessary for the purpose of the subsequent performance, in particular transport, road costs, labour cost and cost of materials, are excluded, as far as the expenditures increase because the object of the delivery was spent afterwards to another place than which of the establishment of the customer, unless, spending corresponds to the designated use. Legal resignation claims of the customer against us exist only in this respect when the customer with his buyer has met no arrangements going out the legal fault claims. The customer has to protect from handing over of devices with data memory media in Best IT, all data of the device with data memory medium completely on suitable external data protection media. Best IT is for a restoration of data or programmes after occurred repair by Best IT or from her commissioned third, not responsibly. With fault Rugen the payments of the customer may be held back in an extent which stand in an adequate relation to the appeared material defects. Should a fault rebuke have occurred wrongfully, the customer has to substitute for the expenditures originating us. The period of limitation for material defects and legal faults amounts a year and begins with danger crossing. This is not valid, provided that and so far according to §§438 paragraph 1 are valid for No. 2, 479 paragraph 1, 634 a paragraph 1 No. 2 Civil Code longer terms, the lack cunningly was hidden or is given to one in §5 to called liability cases. The obligation of Best IT for the compensation is regulated §5. Fault claims with used things: We deliver used objects to the exclusion of every liability for material defect and legal faults, untill in from §438 paragraph 1 No. 1 Civil Code or §438 paragraph 1 No. 2 Civil Code stand in the way of regulated cases longer terms compelling. No burden of proof return is connected with preceding regulations to the disadvantage of the customer. With used objects half year-old Bringing grant Best IT in guarantee wearing parts, operator's mistakes, equipment work or the similar Are excluded.

§5 manufacturer guarantee
As far as a voluntary guarantee towards the buyer is granted by the manufacturer for the object of delivery, kind and extent of the guarantee achievements are directed exclusively after the contents of the manufacturer's guarantee. From this guarantee exclusively the manufacturer can be taken up. To us as a shop assistant after §4 to suitable guarantee obligations remain from this untouched.

§6 liability and compensation
Compensation and expenditure claims for damages of the customer, immediately for which legal argument, are excluded, unless, it concerns cases of the product liability law, the intention, the coarse carelessness, around health defect and body damages, around the takeover of a guarantee for the available being of a quality or the injury of essential contract duties. The compensation for the injury of essential contract duties is limited to the predictable damage typical for contract, untill intention or coarse carelessness are given and not for health defect and body damages or because of the takeover of a guarantee for the available being of a quality is stuck. As far as our liability is excluded or is limited, this is also valid for the personal liability of the employees, employees, employees, representatives and fulfilment assistant of Best IT.

§7 prices and payment terms
The prices quoted by us are authoritative. The in each case valid legal value added tax (VAT). is not included in the prices. Provided that nothing else is expressly agreed, the prices are valid from camp Best IT or direct dispatch from German border or German port of entry, excluding packaging, transport and freight insurance and contain no Nebenleistungen which about the agreed delivery extent go out. Should the German legal value added tax not result by deliveries in the foreign countries, are calculated by deduction of the in each case valid German legal value added tax to ascertained net prices (in the following "net prices" called) plus the in each case attacking foreign value added tax. Should it come to a change of the Steuerschuldnerschaft, merely the net prices are calculated. Then the customer has to pay the attacking value added tax to the responsible tax office. By a delivery in the foreign countries can result additional taxes, duties and/or costs which are not considered in the prices by Best IT. These are to be carried by the customer. Provided that no separate divergent payment terms were agreed in particular cases, payments are due immediately. A payment is valid only as occurred when Best IT can dispose of the amount finally. We accept change only according to the explicit more previously written arrangement and only under the reservation of her Diskontierbarkeit and fulfilment-half. All Diskontspesen and other additional costs go to loads of the customer and are to be compensated for us immediately. A credit of change and cheque amounts occurs when her equivalent is available to us without reservation. The customer be authorised to inform loan institute definitely, in case of from nonredemption or return of debits and cheques, the Best IT of his entire name data and of address data. Should be calculated Best IT for reasons of the customer possible cancelation to be represented and back debit fees, these may become further calculated to the customer. Best IT is entitled to credit in spite of differently being regulations of the customer first on his oldest guilt. If costs and interest have already originated, is entitled Best IT to credit the payments first on the costs, then on the interest and last on the main achievement. If the customer in spite of reminder to his bills of debt does not follow or an essential property deterioration is given with the customer, is entitled Best IT to put the whole rest guilt due, even if Best IT has already accepted change or cheques. Moreover, in this case Best IT is entitled to require pre-payments or securities and to refuse the fulfilment of our obligation up to the pre-payment or security. If our desire is not fulfilled within an adequate time limit set by us, is entitled Best IT to withdraw from the contract and/or to require compensation because of non-fulfilment. With payment setting or overextension of the customer the settlement of an extension is cancelled. If the customer is behind with his payment duty all or part, he has to pay regardless of all other rights of Best IT from this time interests on arrears at the rate of yearly 8% about the in each case valid base sentence, as far as Best IT does not prove a higher damage. Compensation rights are entitled to the customer only if his counterclaims are ascertained legally, are recognised indisputable or from Best IT. Moreover, he is authorised to the exercise of a retention right in this respect when his counterclaim is based on the same contractual relationship.

§8 retention of title
Best IT reserves itself the property in the goods delivered by her and services up to the entrance of all payments from the business connection with the customer. Best IT reserves itself the resignation for the case of the introduction of an insolvency procedure about the property of the customer. With behaviour contrary to the terms of the agreement of the customer, in particular with default, it is entitled Best IT to take back the reservation product after resignation. In the withdrawal of the reservation product by Best IT lies no resignation of the contract, unless, Best IT would have explained this expressly in writing. Best IT is authorised after taking back of the reservation product to their use, the use proceed is to be credited on the obligations of the customer - less adequate utilisation costs-. The customer is obliged to the separate storage and marking of the reservation product. The customer is further obliged to treat the reservation product devotedly; expressly he is to be insured obliged this at own expenses against fires, waters ¬ and theft damages enough to the replacement value. With Pfändungen or other interventions of third the customer has to inform Best IT immediately in writing. As far as the third is not able to refund the judicial and extrajudicial costs of a complaint according to §771 ZPO Best IT, the customer sticks for the Best IT resulted failure. The customer is entitled to resell the reservation product in the well-arranged trend of affairs and to dispose; he resigns Best IT, nevertheless, already now all demands by height of the calculation final amount (including the value added tax) of the demand to Best IT which arise to him against his buyers or third, namely no matter whether the reservation product has been resold without or after treatment. For the collection of this demand the customer remains authorised also after the cession. The competence of Best IT to draw the demand independently remains untouched. Nevertheless, Best IT undertakes not to draw the demand, as long as the customer to his bills of debt from the taken in proceeds comes after, does not get in default and is put in particular no application for opening of an insolvency procedure or is given payment setting. Should this be the case, can require Best IT that the customer announces the resigned demands and their debtors Best IT, everybody the move makes to essential informations, the matching documents hands over and the debtors (third) informs of the cession. The processing or reorganisation of the reservation product by the customer is always carried out for Best IT. If the reservation product with others, not becomes Best IT to belonging objects processed, the joint ownership acquires Best IT in the new thing comparatively of the value of the reservation product (Faktura-final amount) to the other processed objects at the moment of the processing. For the thing originating from processing is valid, for the rest, same like for the objects delivered under reservation. If the reservation product with others, not becomes Best IT to belonging objects inseparably mixed, the joint ownership acquires Best IT in the new thing comparatively of the value of the reservation product to the other mixed objects at the time of the mixture. If the mixture occurs in the manner that the thing of the customer is to be looked as a central issue, is valid as agreed that the customer transfers joint ownership Best IT according to portion. The customer keeps the so resulted Only or joint ownership for Best IT. The customer resigns Best IT also the demands for the protection Best IT-demands against him which arise by the connection of the reservation product with a property against a third. Best IT undertakes to release in this respect the Best IT to being entitled securities by request of the customer when the value exceeds Best of all securities IT the demands to be protected about more than 20%; the choice of the securities to be released is incumbent Best IT. Provided that and so far the registration and/or the fulfilment of other requirements is a condition for the effectiveness of the retention of title, the customer is obliged to carry out all actions necessary moreover on his costs immediately and to make all necessary communications. If and so far the decisive legal system admits no arrangement of a retention of title, the customer will provide Best of all adequate other securities IT by claim of goods loan.

§9 technical changes
In the offers, catalogues, on-line catalogues and Internet presences of Best IT given mass, drawings, pictures, achievement data, issue data and consumption data etc. are non-binding, provided that Best IT has not explained them expressly in writing as obliging. Technical and formative divergences of descriptions and information in prospectuses, catalogues, on-line catalogues, Internet presences and written documents as well as model changes, construction changes and material changes in the course of the technical progress are left, without out of this rights can be derived against Best IT, as far as this is still reasonable for the customer.

§10 taking back and disposal of Electric and electronics-old devices
Best IT takes back according to regulations of the Electric law (taking back and disposal of Electric and electronics-old devices) everybody of her delivered electric old devices. The costs of the delivery are to be born by the customer. Electric old devices are decontaminated about recycling enterprise after legal default.

§11 approvals / export
By Best IT delivered products and services are determined to the use and to the whereabouts in the supplier country agreed with the customers. The reexportation of contract products - individually or in system-integrated form - can require a licence for the customer and is defeated basically by the foreign trade regulations of the Federal Republic of Germany or the other with the customer of agreed supplier country. The customer must find out independently about these regulations. No matter whether the customer gives the final destination of the delivered contract products, the customer bears own responsibility to catch up the necessary approvals of the in each case responsible foreign trade authorities before export of the products.

§13 decisive right, place of fulfilment, court state and safeguarding clause
Exclusively the right of the Federal Republic of Germany is valid for the business relations and the whole legal relations between Best IT and the customer. The UN arrangement about contracts about the international goods purchase (CISG) is excluded. The INCOTERMS are valid for the interpretation of clauses of delivery the in each case valid version. Sole place of fulfilment for delivery and achievement is Aachen, the Federal Republic of Germany. Exclusive legal venue of both parties for all itself immediately or indirectly from the contractual relationship to proving disputes also from documents, changes or cheques is Aachen, the Federal Republic of Germany. The same legal venue is valid if the residence or the usual place of residence of the customer are not known at the time of the complaint elevation. Also by international deliveries is excluding legal venue for all disputes from the contractual relationship Aachen, the Federal Republic of Germany (article. 17 of the European arrangement about the judicial competence and the enforcement of judicial decision in civil things and commercial things = EuGVÜ). Best IT reserves itself the right to go also to every other court which is responsible on account of the EuGVÜ.

Changes and supplements of this contract need the basic written form. This is valid expressly also for changes of this written form clause.

All former terms of sale and terms of delivery of Best IT are lifted through this.

Should one or several regulations be ineffective, this does not touch the effectiveness of the remaining regulations.

Battery order

§1 Battery order (BattVO)

Because the products expelled by Best IT can contain batteries or Akkkus, it is obliged Best IT according to the battery order (BattVO) to point out the customer to the following:

Batteries and accumulators may not be given in the domestic waste. End users are obliged to the proper disposal legally. Used batteries and accumulators must be returned with the shop assistant or at the municipal collective places free of charge. If batteries are sent back to shop assistant by post, the broadcasting is to be franked enough.

Pollutant-containing batteries and accumulators are marked with a symbol of a crossed out garbage tonne. The abbreviations located under the symbol call the chemical contents of the pollutant: "CD" (cadmium); "Li" (lithium), "Pb" (lead), "Zi" (zinc), "Mh" (Metall-Hydrid), "Li ion" (lithium ions).

§2 RoHS

All manufacturer's partners and suppliers of Best IT have moved the EU directive in 2002 / 95 / the EC for the restriction of the use of certain dangerous materials in electrical appliances and electronics devices (RoHS).

Roetgen, May, 2008



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