The following trading terms are a translation of the German trading terms.
In case of doubt, the
German trading terms apply.
The following general trading terms are applicable for all present and future
supplies and services unless they are explicitly amended or excluded in writing.
Any contrary conditions from the purchaser or supplementary agreements are only
binding if they are confirmed by RCS in writing. Details of weights,
measurements, services, illustrations, prices and delivery dates given in
catalogues, brochures, circular letters, advertisements and price lists are only
general indications and are subject to change. They are only binding if RCS
explicitly guarantees them in the contract or in correspondence. Otherwise the
data ruling on the day of delivery are applicable.
2. Offer, Contract, Delivery
RCS's offers are without engagement. The customer is also obliged to purchase
part deliveries without his previous consent. A customer is only entitled to
withdraw from the contract on account of non-observance of the delivery date if
he has set RCS an extension of at least four weeks by registered letter, unless
RCS has explicitly confirmed a fixed date in writing. No other claims for
damages, whether for direct or indirect damage, can be considered and any other
claims under the guarantee are explicitly ruled out. Industrial action, traffic
disruptions or Acts of God exempt RCS from their delivery obligation for the
duration of such incidents. In such cases RCS may withdraw from the contract on
account of the non-fulfilled part; but the customer is not entitled to make
subsequent claims for damages.
RCS's latest price list is decisive for the calculation of individual deliveries.
4. Guarantee and Liability
Complaints about defects, wrong deliveries, differences of quantity or the
absence of guaranteed features have to be lodged immediately in writing. The
customer is obliged to examine the goods for defects, wrong delivery,
differences of quantity and other such immediately on receipt. Wrong deliveries,
differences of quantity and damage in transit have to be notified within seven
days. Exchange under the guarantee is only possible if the goods are returned to
RCS in the original packing with accessories (cable, software etc.). The goods
may only be exchanged after receipt of the faulty parts and an exact description
of the defects. No exchange or refund is possible without this description and a
copy of the invoice/delivery note.The customer is only entitled to a refund or a
price reduction if the defect in question could not be repaired after three
attempts, for which adequate time and opportunity must be allowed. A new period
of guarantee does not enter into effect because of an exchange of parts, or
complete devices. Claims under the guarantee cannot be considered for parts
subject to wear and tear, such as printer heads, typewriter ribbons and other
materials liable to wear and tear or for cases of improper use, storage and
handling of devices or interference by third parties and the opening of devices.
In the event of a defect in a part of the goods supplied the customer is not
entitled to lodge a complaint about the whole delivery unless alone the part of
delivery which is free from defects is not usable for the customer. RCS assumes
liability for defects, including the absence of guaranteed features, as follows:
4.1. Towards Consumers
All those parts or services which can no longer be used or whose usability is
considerably impaired as a provable result of circumstances prior to the passing
of risk, in particular as a result of faulty design, bad material or faulty
workmanship are to be repaired or replaced free of charge, at RCS's choice,
within six months from the day of the passing of the risk.
RCS also has the right to choose the place of repair.
4.2. Towards Dealers and Distributors
RCS undertakes to exchange all faulty components within six months from the date
of the passing of the risk. The customer himself has to effect any necessary
repairs or services. If the customer is unable to or does not wish to effect
these services, he can avail himself of RCS's services. In this case RCS will
only assume the costs of necessary components and materials. If repairs and
services are necessary, RCS will charge the customer separately for the labour
costs at the usual market price. The work will be effected RCS's workshop.
All shipments to RCS under the guarantee from dealers and distributors are to be
sent freight prepaid and will be returned by RCS freight collect.
This does not result in an extension of the guarantee. For all defective devices
or parts sent to RCS which prove to be free of faults after examination, costs
of examination - EUR 30 minimum -will be charged accordingly. The customer has
to allow RCS fair time and opportunity to eliminate the defects. If the customer
refuses to do this, RCS is entirely relieved of liability for the defects. If
RCS allows a reasonable extension to lapse without repairing the defect, if a
repair is impossible or if RCS refuses to undertake a repair, the customer is
entitled to demand a reduction in price. If the customer and RCS are not able to
reach an agreement about the amount of the reduction, the customer can demand a
refund. The customerīs right to claim for defects lapses, in any event, six
months from the date on which the risk passes. Liability does not extend to
damage incurred after the passing of the risk because of faulty or negligent
treatment, inappropriate production facilities, inadequate construction work or
electrical influence. RCS is not liable for the consequences of of improper
modifications or repairs undertaken by the customer or third parties. RCS is
explicitly exempted from liability in the event of damage arising from a link-up
to other devices, extension cards or external influences.
Any further customer claims on RCS and its associates are ruled out, in
particular any claim for damages not directly concerning the goods supplied.
Discounts and expenses are borne by the customer and are due immediately. RCS
assumes no liability for promptly presenting, protesting, notifying or sending
documents in the case of failure to pay, unless they or their associates are
guilty of intentional misconduct or gross negligence. RCS is entitled to assign
financial liabilities from the business relationship to third parties. All
payments are charged to the customer initially at cost price, then with interest
and subsequently on RCS's longest outstanding major claim against the customer,
regardless of any other instructions from the party effecting payment. If the
customer fails to pay within the time agreed, RCS is entitled to charge interest
at a rate 5% higher than the prevailing discount rate of the Deutsche
Bundesbank, subject to claiming further rights. If the customer is in arrears
with payment and/or RCS learns of circumstances indicating the customer's credit
standing has deteriorated, RCS is entitled to demand immediate settlement of all
the customer's debts and to demand the return of goods already supplied by RCS
as a precaution. In such event RCS is likewise entitled to demand advance
payment or furnishing of security before delivering further goods or to withdraw
from contracts not yet fullfilled. The customer has no right of retention for
the goods. The customer may only use undisputed or legally determined claims on
his part to offset outstanding debts. Any claims by the customer under the
guarantee have no bearing on the due date for RCS's claims.
In case of SEPA direct debits you will be informed at least one day prior
to maturity. An associated note can be found on the corresponding invoice.
6. Retention of Title
RCS retains the title to the goods supplied as long as it still has outstanding
claims from earlier, present or future business relations with the customer. The
customer is entitled to make use of goods owned by RCS in the normal course of
business as long as he meets his commitments from the business relationship
promptly. If the customer processes RCS's goods, RCS is considered to be the
manufacturer and acquires the title to the new goods. If other materials are
employed in the processing, RCS also acquires title to the goods in the
proportion of its invoice value to the value of the other materials. If, in the
event of RCSīs goods being combined with an article belonging to the customer or
a third party, the former are considered to be the main thing, RCS also acquires
title pro rata. In this event, the customer or the third party is considered to
be the keeper of the goods. If the customer has fed data into a data carrier
supplied and still owned by RCS, this does not affect RCS's right of title. The
customer already now assigns RCS all claims and rights arising from the sale by
a customer or a possible renting out by the customer with RCS's permission of
goods to which RCS still has rights of title, in proportion to its share of the
title in the sold or rented goods so as to safeguard RCS's rights. At RCSīs
request the customer has to provide all necessary information about the status
of the goods in RCS's ownership, about the location of the rented goods and
about the claims assigned to RCS according to the aforementioned provisions as
well as to inform the buyer of the assignment of the rights. If the value of the
goods taken back by RCS to safeguard its claims exceeds RCS's claims by more
than 25 %, RCS will, at the customer's request, release security of the
customer's choice to this amount. RCS is to be informed immediately in writing
of any real or legal recourse by a third party to the goods subject to a proviso
as well as of their damage or loss. In the event of seizure the record or
resolution of seizure is to be furnished to RCS. The customer has to bear the
costs of any necessary intervention by RCS.
7. Shipment and Passing of Risk
Unless specified otherwise by the customer, RCS will choose the most favorable
mode of shipment at its discretion. For customer shipments to RCS the customer
assumes all risks, especially risk in transit, until the arrival of the goods
at RCS's premises. The customer also bears the risk for freight prepaid
deliveries as soon as the RCS has handed over the goods to the forwarder or the
carrier or to an alternatively employed conveyor or to another person charged
with the transport. Insurance of the goods against damages in transit will only
be taken out at the explicit request and at the expense of the customer.
RCS's written consent is required to export RCS's goods to non-EU countries,
whether or not the customer himself is responsible for obtaining any official
import and export licenses.
9. Data Storage
RCS will store and process the customer's data on computer as far as necessary
for the business and as permitted within the scope of section 26 of the
Bundesdatenschutzgesetz (Federal Data Protection Act).
10. Law Applicable, Invalidity, Place of Fullfillment and Place of Jurisdiction
Ordering and delivery are governed exclusively by German law. The invalidity of
single provisions of these trading terms does not affect the validity of the
other provisions. A provision closest to the invalid provision will take the
latter's place. The place of fullfillment is Trier. The place of jurisdiction
for any disputes arising out of this contract relation is the Amtsgericht
(lower district court) of Trier, namely also for legal disputes about bills of
exchange and cheques, when the customer can be considered to be a fully