General Terms and ConditionsSept 2005
1.Services and Deliveries
M.K. sells computers, peripheral devices and accessories and also exchanges such parts. Furthermore, M.K. renders services to said devices, in particular attendances. In case of an exchange of components, the relevant parts will be exchanged as soon as possible. If we have the parts on stock, we will exchange them immediately. Repair work will only be performed if the defective part is in a repairable condition and has not been damaged by exterior influences or attempts at repair by third parties. M.K. shall be entitled, in case of deliveries of exchange parts prior to the receipt of the part to be exchanged from the customer (advance delivery), to charge the original price of the exchanged part if the part returned turns out to be unworthy of repair. Exchange parts shall be sent back within 5 business days. Warranty for purchased goods shall be 6 months.If any services provided are defective, a warranty exchange shall be made if the complaint is lodged with M.K. Company in writing within 5 business days. The purchase of the relevant good or service from M.K. shall be the decisive precondition.A cost estimate against payment may be issued prior to the repair work upon express request.The fees of such cost estimate shall be as follows:Floppy disks, hard disks and power supply units EUR 25.00;Notebooks, system boards, PCs and printers EUR 50.00.These fees will be compensated if a repair order is placed.
2.Calculation and Payment Terms
M.K. shall, in each individual case, charge the prices shown in the current price list of M.K. Company plus VAT as applicable. The current price list may be sent to the customer upon request. New parts will be charged at their current market price with M.K. The market price may be notified to the customer upon request. Exchange prices shall be agreed in advance in writing in each individual case.Shipment cost, postal charges and any taxes and duties incurred to or to be paid by M.K. will be added to the aforesaid price in each individual case. M.K. shall further have the right to charge a processing fee of €15.00 if the value of goods is below €25.00.The risk of loss by accident or damage shall devolve to the customer as soon as the shipment is sent with the post office or any forwarding agency or delivery company.All goods supplied shall remain the property of M.K. until payment of the claim in question as well as any other claims of M.K. against the relevant customer have been effected in full. An extended retention of title shall apply.M.K. Company shall have a right of lien over any devices and components (floppy disks, hard disks, power supply units, system boards, printers etc.) of the customer sent to M.K. by the customer with respect to any claims against the relevant customer.M.K. shall surrender any goods at its own option upon the customer's request as soon as the market value of the customer goods held with M.K. exceeds the claims of M.K. against the customer. Any claims of M.K. shall be payable immediately and without any discount within 10 days after the date of invoice.Due to numerous false orders, M.K. shall only take back sold or exchanged parts and goods if kept in their original packing with undamaged seal and only against payment of an amount of 30% of the gross total amount of the invoice. The amount shall be due upon the date of return. Special orders shall not be taken back.
Liability of M.K. shall be limited to any damage arising from wilful misconduct or gross negligence of M.K. or any of its vicarious agents. M.K. shall further not be liable for any profit loss on the part of the customer. Liability shall not apply to any loss of data in connection with repair work. No liability will be assumed for price lists.
We always work on and examine our goods with great care; however, defects may not be excluded in individual cases. In the event of a defect, M.K. shall assume warranty according to the following provisions. M.K. shall in each case be granted the opportunity of subsequent improvement of defective parts, provided such subsequent improvement is reasonable to the customer. In all other respects, the statutory provisions shall apply. The customer shall immediately examine any delivered parts for defects. Any defects detected shall be immediately reported to M.K. If the customer is a fully qualified merchant, he shall immediately make a complaint in respect of any defects or quantity deviations. Warranty for any purchased Epson-spare parts: Fitting of spare parts requires special knowledge, skills and tools! Defects on such spare parts after fitting are mostly due to defective installation or to the influence of other defective components. We will not accept any warranty claims for Epson spare parts.
5.Postal Charges and Packaging
If any incoming repair orders (in particular, monitors, complete computers, printers, laptops and notebooks) are defectively packed, M.K. shall have the right to make a reusable protective packaging and charge the cost to the customer proportionately to avoid transport damage. Any transport damage shall be reported within 2 days after receipt of the goods by the customer.
When purchasing exchange parts, the exchanged old part shall be delivered to us within 5 business days, otherwise we will charge the difference to the price of the new part. Returned parts shall only be accepted in their original packing and free domicile.
The legal relationship between M.K. and the customer shall be governed by German law unless the Uniform Law on the International Sale of Goods (EKG) or any successor regulations apply.
If the customer is a fully qualified merchant and no exclusive place of jurisdiction applies, the place of jurisdiction for any disputes on an amount in litigation up to €5,000.00 (including) shall be the Local Court (Amtsgericht) of Geislingen/Steige, Germany, and for any disputes on an amount exceeding €5,000.00, place of jurisdiction shall be Ulm District Court (Landgericht).
Deliveries to new customers shall exclusively be made by cash on delivery. Orders shall be placed in writing.