AGB

1. General Conditions
Unless otherwise expressly agreed in writing between the partners, the following general terms and conditions (GTC) apply to all deliveries and services of the company Thomas Frank, Tecpointer - hereinafter referred to as Tecpointer. Any conflicting conditions of the customer are not valid. Subsidiary agreements and supplements to the contract are only valid if they are confirmed by us in writing.

2. Binding nature of offers
Our offers are always non-binding unless a binding period is expressly mentioned. We reserve the right to make improvements or changes to the design or design of our goods.

3. Order Acceptance All orders are only accepted when they have been confirmed by us in writing. This form can only be waived based on a written agreement. Order processing takes place within Tecpointer using electronic data processing. Consent to the storage of the necessary data is given when the contract is concluded.

4. Prices and Payment
(1) The agreed prices do not include the VAT applicable on the day of invoicing without any deductions. A discount requires a special agreement, whereby the discount deduction is only permissible within the agreed period.
(2) Unless otherwise agreed in writing, payment must be made within 14 days of receipt of the invoice, whereby we are entitled to invoice partial execution of the contract. If the payment deadline is exceeded, we are entitled to charge interest on arrears at a rate of 5% above the respective discount rate of the german federal bank without the need for a reminder. For dunning letters, after the payment period has expired, the customer will be charged dunning costs of EUR 5 each. This does not apply to private individuals for the first reminder letter. Checks and bills of exchange are only accepted as payment, bills of exchange only after a special agreement with us. Bank and discount charges as well as other costs shall be borne by the customer. The day of the value date by our bank is considered the day of payment, provided that no more return debits are made. If one of our banks refuses to discount a bill of exchange, we are not obliged to present it to another bank for a discount. The agreed prices apply in the event of delivery within 4 months of the conclusion of the contract. If the delivery is made later, especially at the request of the customer, increases in the list prices for goods or services that have occurred in the meantime must be added to the agreed prices. In this case, only private individuals have the right to withdraw from the contract if the final price is too high in relation to the price agreed upon conclusion of the contract.
(3) Installation costs are not included in the agreed prices unless otherwise agreed in writing. The assembly costs will be charged at cost.

5. Delivery, delay in delivery, and transfer of risk
(1) We are entitled to partial delivery with corresponding invoicing at any time unless the order can only be carried out uniformly.
(2) All deliveries are made freight collected to the customer.
(3) All deliveries travel at the risk of the customer. This also applies if the delivery is carried out by our staff. Stated delivery times are non-binding. If an agreed delivery date is exceeded by more than one month, the customer is entitled to set Prokom a grace period of one month in writing. Only after the grace period has expired can the customer declare his withdrawal from the contract in writing. Other rights, in particular claims for damages due to delay or non-performance or other legal reasons, are excluded if the customer is a merchant or a legal entity under public law. Claims for damages can only be asserted by other customers if we are guilty of an intentional or grossly negligent breach of contract.
(4) We are entitled to withdraw from the contract in whole or in part if we are unable to execute the order for reasons for which we are not responsible, in particular in the event of force majeure, acts of war, and civil catastrophes, strikes, lockouts, operational disruptions or delivery difficulties and insolvency of our suppliers.
(5) If the customer refuses to accept the contractual services or a permissible partial delivery, we are entitled to make the contract price due for payment immediately or, after setting a grace period of one week, to withdraw from the contract or to demand damages for non-performance. When asserting claims for damages, we are free to demand a lump sum of 35% of the purchase price without concrete proof of damage, provided the customer is a merchant or a legal entity under public law. In the case of private individuals, a flat-rate compensation amounting to 20% of the purchase price can be claimed. When asserting a flat-rate claim for damages through Prokom, the private individual is expressly free to provide evidence that damage or a reduction in value did not occur at all or is significantly lower than the flat rate. In the case of delivery of goods, we are also entitled to store them with third parties at the customer's expense from the day of the refusal to accept delivery or to store them ourselves, whereby in the latter case a storage fee of 2% of the purchase price for each started month will be charged.

6. Retention of Title
(1) We reserve ownership of all delivered goods until all claims, including future claims, arising from the business relationship have been paid in full.
(2) Resale is permitted within the framework of proper business operations, however, with the sale, the future purchase price claim against the third party
assigned to us as security for full payment of all claims mentioned in paragraph (1).
This accepts the assignment. Upon request, we must be given information about the claim arising from the resale.
We can disclose the assignment to a third party and then demand payment from us. Claims for insurance benefits for loss of or damage to the goods delivered under retention of title are to be assigned to us in full.
(3) In the event of access by third parties to the goods delivered under retention of title, in particular in the event of seizure, the customer must point out the retention of title and inform us immediately. All costs incurred by us as a result of an investment are to be reimbursed by the customer unless third parties are obliged to reimburse them.
(4) If we make use of our right of withdrawal and return due to default in payment due to the retention of title, we are entitled to payment for the use and depreciation of the delivered items as well as for the costs incurred and the lost profits.

7. Warranty
(1) Deliveries received must be checked immediately for damage in transit and a complaint must be made to the delivery person; otherwise, such damage can no longer be recognized.
(2) We are only liable for other defects if these defects are reported in writing by the customer within 14 days of receipt.
A later assertion within the statutory warranty period can only be recognized if the defect was hidden and could not be detected beforehand even after careful inspection and if the defect was reported immediately after discovery. We are only liable to merchants and legal entities under public law for defects reported in good time within the scope of the guarantee provided by our respective sub-supplier and according to the content of any guarantee certificates that may have been issued.
(3) In the case of mass-produced goods that are sold according to a sample, changes in dimensions, shape, material, and color are not to be regarded as defects. A guarantee for the same color tone or the same grain cannot be assumed for orders based on color samples or for the delivery of supplementary parts. In the event of defects and the absence of guaranteed properties, we are obliged, at our discretion, to repair the defects or to deliver a replacement. Other rights of the customer are excluded. If a repair or replacement delivery is impossible or if the defect is not eliminated despite two repairs by us or if replacement delivery does not take place despite a reasonable deadline being set by the customer, the customer has the right to withdraw from the contract or to demand a reasonable price reduction. Claims for damages remain excluded in any case.
(4) The assertion of claims for damages from late delivery or other positive breach of contract is excluded, as are conversion and reduction rights. This only applies to the extent that neither we nor our legal representatives or vicarious agents are guilty of gross negligence or intent. The same applies to claims for damages, conversion, and reduction rights for consequential damage of any kind, regardless of the cause. The warranty is only maintained for the original purchaser.

8. Special Terms for Software Performance 
(1) The scope of performance of standard software (basic program packages and industry program packages) is specified in the relevant description of services provided to the customer. Deviations from this or additional requirements require a special written agreement. 
(2) We will rectify program errors free of charge that occur within 6 months of acceptance within the scope of the agreed scope of services despite observing the operating instructions. 
However, the warranty obligation does not apply if the customer or a third party interferes with the software without our consent. 
If disruptions or defects are due to operating errors on the part of the customer or the persons commissioned by him to operate them, we are entitled to charge for the costs incurred for troubleshooting and error elimination. 
This also applies to hardware that has been modified in any way from the series or has been opened or modified beyond the purpose intended by the manufacturer.

9. Assignment Prohibition
The customer's rights arising from transactions with us cannot be assigned to third parties.

10. Verbal Agreements
Verbal agreements and special assurances are only valid if they have been confirmed by us in writing.

11. Place of Performance and Jurisdiction
The place of performance for deliveries, services, and payments is Völklingen. Völklingen is expressly agreed as the place of jurisdiction with customers who are registered traders, legal entities under public law, or special funds under public law. Otherwise, the statutory provisions apply. Völklingen is also expressly agreed as the place of jurisdiction for checks and bills of exchange.

12. Validity
Should a provision of the above conditions be void, the legal validity of the other provisions shall not be affected. The invalid provision will be replaced by a statutory provision.