|The name of the company "Dirk Fischer Elektronik" will be referred to "DFE" in the following.
Please read our "General Terms and Conditions of Sale of Dirk Fischer Elektronik (DFE)" very carefully!
As a service to our customers, the following points are an overview of these General Terms and Conditions
All present and future supplies and services by DFE are carried out exclusively on the basis of these
"General Terms andConditions of Sale". Terms and conditions of the contracting partner which deviate from these shall apply only if express written confirmation has been given by DFE. The Law of the Federal Republic of Germany shall apply exclusively.
|2. Conclusion of Contract
Offers made by DFE are without engagement and are conditional upon DFE itself obtaining supplies correctly and in good time. Especially semiconductors have very long delivery time and sometimes further delay due to circumstances at the manufacturer.
Orders by the customer contain binding offers which DFE can accept either by sending a written confirmation of order or by sending the ordered goods at the final price charged. Oral statements, product descriptions, performance data and anything similar do not constitute a warranty, unless they are expressly confirmed by DFE in writing as "binding".
All prices quoted by DFE, including those in the order confirmation, are without engagement. DFE reserves the right to
increase its prices in the event of an increase in the procurement costs (especially semiconductors) or in any other
costs relevant to the purchase price.
|4. Delivery, Passage of Risk, Performance by Successive Instalments
Unless otherwise agreed, delivery will be made directly from DFE.
All goods are transported at the customer's risk and cost.
The risk of accidental loss of the goods shall pass to the customer at the time the goods are made available for collection, at the latest when they have been loaded onto the means of transport, if agreed accordingly.
DFE will invoice the customer at cost for the transportation and packaging. In the absence of any instructions to the contrary, DFE will determine the type of transport and the route. If as a result of an instruction from the customer a delivery cannot be made, cannot be made immediately or cannot be made in the simplest way suggested by DFE, DFE shall be entitled to charge the customer any additional expenses arising for DFE as a result.
|5. Notice of Defects, Warranty, Waranty Period
The customer is obligated to examine the goods immediately and to give immediate notification of any defects/other deviations.
If the goods are defective at the time of the passage of risk and if notification of such defects is given in good time, the
customer shall be entitled to demand goods in proper condition. DFE shall be entitled to select the most cost-effective way to restore the goods to their proper condition and to restore this condition. If DFE is not able to do so within an appropriate period of time, the customer at his own option can demand cancellation of contract or reduction.
The warranty is valid for a period of 2 years and begins on the date of delivery to the customer or, in the event of a delay in acceptance by the customer, when notification that the goods have been made available has been given.
The warranty is void if a seal on our products is broken.
In case of warranty DFE has the right either to refund the amount and take the goods back or to replace the products
without costs or to repair the product or to remedy in another way.
6. Resale/Export Control
All goods supplied by DFE are intended to remain in the country of delivery agreed upon with the customer. The customer undertakes to observe the fact that re-export of these goods is subject to the Foreign Trade Laws of the Federal Republic of Germany, respectively of the country of delivery and, if applicable, of the country of origin of the product and as such may require him to obtain a licence. It is incumbent upon the customer to obtain the foreign trade legislation information applicable in the individual case and, where necessary, to apply for and obtain the appropriate licences himself.
7. Place of Performance, Legal Venue, Miscellaneous
The place of performance and court of jurisdictionis for all obligations arising in connection with the existing business
relationship with DFE shall be D-48565 Steinfurt.
The Law of the Federal Republic of Germany shall apply exclusively.
Should individual provisions of these General Terms and Conditions of Sale or a provision within the framework of
other agreements made with the customer be or become void, the validity of all other provisions or agreements shall in no way be affected. The parties to the contract undertake to replace any such void contractual provisions by relative agreements coming as close as possible to the economic purpose and sense of the clause concerned.
If necessary for business reasons, DFE will store and process in conformity with the legal provisions, any person-related data arising in connection with its business relations.