Jurisdiction
The following General Terms and Conditions form an integral part of all legal transactions, in particular of all purchase and/or supply and service contracts that we sign with customers (buyers, clients). General terms and conditions of business partners - in particular terms and conditions of purchase - that conflict with these General Terms and Conditions shall not be valid insofar as they contradict these Terms and Conditions. Conflicting terms and conditions may only be legally effective if we have given our written consent.
Delivery Dates
All stated delivery dates are non-binding and exclude notice of default, any and all claims for damages and a withdrawal from the contract on the part of the customer.
Prices, Terms of Payment
All prices are indicated in Euro, VAT is reported and calculated as a matter of principle. Deliveries always have to be paid COD or by crossed cheque. The payment has to be made within 30 days net from the date of invoice. When the time limit is exceeded, the costs and interest that arise shall be invoiced.
Right of revocation and consequences of revocation
According to the regulation by law, the customer has the right to revoke his/her contractual statement within 14 days in writing (letter, fax, email) whithout stating reasons or by returning the goods. The revocation period shall commence upon receipt of this instruction in text form, however, not before the recipient has received the goods. In case of a legally enforceable revocation both parties are required to reimburse for total or partially received services. The customer is obligated for value replacement in case that he cannot reimburse totally or partially, or just in bad order. The obligation to compensate for the decrease in value can be avoided by not using the goods as if they were his property and by avoiding any action which might reduce the goods' value. The revocation must be adressed to:
JWR electronics
Fallmerayerstr. 25
80796 Munich/Muenchen
Retention of Title
All goods delivered by us shall remain our property until they have been paid in full. The customer is entitled to resell the goods in the ordinary run of business; even now, however, he cedes any and all claims he has toward the buyer or third parties resulting from the resale to the amount of the sum total of the invoice (including VAT).
Warranty, Restriction of Liability
Insofar as we have to answer for a defect of the subject of purchase, we shall be entitled to correct the fault or replace the relevant product at our option. Obvious defects shall be notified within 14 days upon receipt of the goods. The costs of transportation and the transportation risk shall be assumed by the customer when the goods are returned. The warranty shall become void in the event of manipulations, repairs or attempts to repair the goods carried out by the customer or by third parties not authorised for that purpose. An assignment of warranty claims shall be excluded. Replaced parts shall become our property. We warrant for exchanged or repaired products like for the subject of purchase. If we are not willing or able to carry out substitute deliveries or if the correction of faults fails at least three times, the customer shall have the right to rescind the contract or to claim an adequate reduction of the purchase price at his option. Insofar as nothing else is agreed, further claims on the part of the customer - notwithstanding the legal grounds - shall be excluded. For this reason, we will accept no liability for damage that was not caused on the contract item itself; we will accept no liability for loss of profit or other financial damage of the customers in particular. The exemption from liability described above shall not apply insofar as the damage was caused by malice aforethought or gross negligence. When software is sold together with hardware in a package, the purchase shall be deemed a uniform purchase agreement. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, agents and vicarious agents.
Shipment
The shipment is carried out at the customer's account and risk as a matter of principle. Packagings shall be invoiced at cost price and shall not be taken back.
Reservation of the right to rescind
In the event that we are not properly supplied or not supplied with the goods in time, we shall be exempted from our obligation to deliver. Then we shall be entitled to rescind the contract. Similarly we shall be entitled to rescind the contract insofar as it is not possible to perform the service as a consequence of the effects of Acts of God or as a consequence of labour dispute actions (strike in our plant or in the plant of the subcontractor or in the plant of the factory supplier) or not possible to perform the service in time. We shall also have the right to rescind a contract if the customer has fallen into arrears with liabilities resulting from other contracts that he has concluded with us.
Place of Performance, Place of Jurisdiction
Place of performance and place of jurisdiction is Munich. Deliveries and services shall be subject exclusively to German law.
Severability Clause
Should one of the clauses mentioned above become invalid, the validity
of the remaining clauses shall remain unaffected. The parties undertake to
agree, in place of the relevant invalid clause, on a new clause that comes
as close as possible to the intended purpose.
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