General Terms and Conditions

Kopierer Welt GmbH

1. general
Deliveries and services are based on the following terms and conditions of Kopierer-Welt GmbH (hereinafter referred to as KW). They apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). Exclusions and/or amendments shall only be recognized if they are agreed to in writing; verbal collateral agreements are not permitted.

2. offer and conclusion of contract
The terms and conditions shall apply upon conclusion of the contract, whereby a contract shall be concluded by order confirmation or by execution of the order by KW. The content and scope of the order shall be documented by KW’s order confirmation or invoice.

3. delivery time
All deliveries and services are provided as quickly as possible. If delivery is not made on the agreed date, the customer may set a grace period of 14 days after one month with the declaration that he will withdraw from the contract if the grace period expires without result. All further claims, in particular claims for damages caused by delay, are excluded, except in cases of proven gross negligence or intent on the part of KW.

In the event of delays in delivery or performance due to force majeure, strike, unforeseeable operational disruptions or other unavoidable events for which KW is not responsible, KW shall, at its discretion, be released from delivery or performance or authorized to deliver goods that most closely correspond to those ordered.

4 Prices
The net prices stated in the contract shall apply plus the applicable statutory value added tax.

5. manufacturer-related product advancements or further developments
Manufacturer-related product advancements or further developments or modifications shall be deemed to have been approved insofar as the intended use of the ordered goods is not impaired as a result. In such cases, we will deliver the goods that most closely correspond to those ordered. This is recognized as fulfillment. If such a solution is not possible, both parties have the option of withdrawing from the contract.
It shall not be possible to withdraw from the contract if fulfillment fails due to circumstances for which KW is not responsible. These include in particular those related to the customer’s network and communication settings. Any system incompatibilities which block communication between the software and the copier / network connection and the copier and which cannot be foreseen and taken into account by KW shall not affect the validity of the contract and KW shall not be obliged to rectify them. The customer must take appropriate measures to bring their system up to a suitable standard in good time. Network support, regardless of whether provided by telephone or on site, is also generally to be understood as special services and as such subject to a charge, unless expressly agreed otherwise.

6. services
Special regulations apply in the area of services. It is regularly possible to cover labor and/or material for necessary maintenance and repair measures via separate contracts; costs and conditions for this are agreed individually on the basis of the manufacturer’s specifications. In principle, however, services are to be understood as special services subject to a charge. This is confirmed by signing the service vouchers.

7. payments
KW’s invoices are due for payment immediately upon receipt. The individually agreed payment targets are taken into account. After expiry of this period, the customer shall be in default of payment without a reminder. KW shall be entitled to charge interest on the debt in accordance with the statutory provisions and reserves the right to prove and claim higher damages caused by default. Bills of exchange and checks are only payments on account of performance. Financing and leasing risks are borne exclusively by the customer. The non-conclusion of the financing or leasing contract shall not affect the validity of the purchase contract concluded. The Customer may only offset counterclaims or exercise a right of retention in this respect if these are recognized by KW or have been legally established by a court of law.

8. duty to notify and investigate
The customer must inspect the goods and/or the service immediately upon delivery and without culpable delay. Complaints must be made in writing within 7 days of delivery at the latest. This excludes any right of withdrawal.

9 Warranty and liability
The warranty period is generally a maximum of 12 months with a maximum of 30,000 impressions*. It expires automatically if one of the two conditions is exceeded and may deviate from the stated maximum in individual cases and be agreed separately in the contract. If devices or services are defective, if they lack warranted characteristics or if they become defective due to manufacturing or overhaul defects, KW shall repair or replace them at its own expense in the event of timely and justified complaints. Multiple improvements are permitted.

If the repair or replacement delivery fails within a reasonable period of time, or if it is not carried out by KW or an authorized representative, the customer may, at his discretion, demand a reduction in the purchase price or withdrawal from the contract. Minor defects are expressly excluded from this. Also expressly excluded from the warranty are the replacement of wearing parts with a limited service life and the need for regular maintenance and care of the appliance, including cleaning work.

The warranty expires in principle if

a. parts are damaged by the customer or third parties through the use of force.

b. interventions or unprofessional repairs are carried out by the customer or third parties without the consent of KW.

c. Unsuitable additional equipment and/or operating materials are used and the customer does not provide proof that the claimed defect is not due to this.

d. complaints arise due to non-compliance with the operating and operating instructions.

e. damage caused by force majeure, water, fire or overvoltage.

All further claims of the customer, of whatever nature, in particular those for lost profits (hypothetical damages) are excluded, insofar as neither a breach of the provisions of §309 para. 7 BGB, or fraudulent misrepresentation on the part of KW.

These are basically used devices that have been overhauled in the workshop, unless the offer is explicitly for new goods. The customer shall be given sufficient opportunity to inspect and examine the goods upon delivery. He is aware of the condition. Information on the quality, composition, suitability or usability of the deliveries and services shall not constitute an assurance or guarantee without an express written declaration by KW.

If a delivery is only partially defective or if there is a partial delay in performance or partial impossibility of performance for which KW is responsible, the customer shall be obliged to accept the partial performance, unless the partial performance is objectively of no interest to the customer.

10. reservation of title
The object of purchase shall remain the property of KW until the purchase price has been paid in full. The customer shall store the device free of charge for this period. Sale, pledging or transfer by way of security of the reserved goods are not permitted.

In the event of access by third parties to the reserved goods, the Customer shall expressly draw attention to KW’s ownership and inform KW immediately. The customer shall bear all costs of the goods subject to retention of title during the retention of title and shall be liable for their deterioration, irrespective of whether the customer is responsible for this.
If KW becomes aware of and/or is threatened by circumstances that jeopardize the business, KW shall be entitled to take back the reserved goods at the customer’s expense.

The goods subject to retention of title shall be taken back at their residual value. KW reserves the right to assert further claims for damages, in particular for loss of profit. If the customer does not accept KW’s residual value determination, this shall be determined by an independent expert as an arbitrator at the customer’s expense as binding for both parties. If KW takes back the goods subject to retention of title, this shall not constitute a withdrawal from the contract to the extent permitted by law. Ownership of the goods subject to retention of title shall pass to the customer upon settlement of all claims arising from the purchase.

11. risk
The risk of loss and/or deterioration of the goods shall pass to the customer from the time the goods are made available for transportation to KW’s warehouse, irrespective of the arrangements for transportation costs/modalities.

12. final provisions
KW shall be entitled to utilize and store the data and information provided by the customer within the scope of the business relationship in accordance with the German Federal Data Protection Act. KW is also entitled to obtain further information from higher-level and independent institutions (Crefo, Schufa) by means of a transfer.
The invalidity or ineffectiveness of one or more of the above conditions shall not affect the validity of the remaining conditions. The ineffective provision shall be replaced by an effective one which realizes the economic purpose pursued with it as far as possible. The same applies in the event of contractual loopholes.

The customer’s rights under the contract are not transferable.

These terms and conditions and the business relationship are governed by the laws of the Federal Republic of Germany.
The place of jurisdiction is generally agreed to be Langenfeld.

* Impression: DIN A4 print product, which is based on the sum of all color layers displayed (B/W print = 1 impression / color print = 4 impressions).