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Orders are carried out under the following conditions. Deviating regulations must be in writing.
§2 Placement of orders and scope of services
1. audio solutions provides services, deliveries and other services in accordance with and to the extent that the customer has signed the order. We hereby expressly contradict any deviating general terms and conditions of the buyer. All deviations require our express written confirmation. The delivery of spare parts takes place exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These terms and conditions are deemed to have been accepted at the latest upon receipt of the goods.
2. If the customer did not expressly limit the service order to certain parts and / or the elimination of certain defects when placing the order, audio solutions will repair the device in such a way that it is fully functional in the sense of the technical description.
3. If the customer has restricted the order in the sense described above, audio solutions will only carry out the specific services given in the order, but not establish functionality in the sense of the technical description. In such cases, the device may still have serious malfunctions despite the properly performed repairs.
4. If the customer audio solutions sets a repair cost limit, which is always understood to be without VAT and the repair cannot be carried out at the specified costs, the repair measure will only be continued as soon as this has been determined if the customer has given the consent to the implementation required higher costs has been obtained. This service is chargeable and is provided as an estimate
(see § III.). If the customer refuses to agree to the complete repair at higher costs, he will receive the device back against the calculation of the cost estimate or the work involved in accordance with the service price list.
5. Our online offers are non-binding and subject to change. We expressly reserve the right to make changes to articles in terms of color and design, as well as technical changes.
§3 Transmission of costs / prices for spare parts
1. audio solutions creates cost determinations, also called cost estimates, only on special request under conditions and whenever a repair cost limit set by the customer cannot be met. They are generally chargeable and are calculated as a flat rate or with the respective workload at the current prices in the service price list. Cost estimates are non-binding! Repairs according to cost calculations are carried out if repair orders have been placed in writing or verbally within 14 days. The performance of work that has not been agreed requires the prior consent of the client, unless the client cannot be reached at short notice and / and the work is necessary, provided the total costs are not increased by a percentage higher than 20.
2. Important note: As part of the creation of a cost calculation, interventions in the devices are required. Often these consequences cannot be remedied even if the customer does not place the repair order after taking note of the cost calculation. A claim for the device to be reset to its original condition only exists against a charge.
3. The replacement part prices are subject to change and apply ex warehouse Melle net, excluding statutory VAT. Price changes and printing errors reserved.
There is no minimum order quantity and no surcharges for small quantities .
§4 Order processing of error-free devices
1. A device is free of defects if it functions perfectly under the intended operating conditions. All errors that occur through or only when used with other devices and are then reproducible are only to be corrected as part of the service order from audio solutions if the other devices and all connecting parts used by the end user are also part of the service. Order are.
2. If it turns out that the device is flawless and the error on it cannot be reproduced, audio solutions has carried out the order if and as soon as this has been determined. In such cases, too, the workload must be paid according to the service price list.
§5 Pricing, Payment, Ownership
1. The prices according to the service price list valid at the time the order is processed are decisive for the calculation.
2. The calculation is based on the time required and the spare parts required for the service. In addition, there is a flat rate for small parts per repair order for the cost of consumables such as Solder and other repair aids, repair agents, cleaning agents and the like.
3. When the customer picks up the device from audio solutions, the device will only be handed over against cash payment or payment in advance. The service order that was handed over when the device was handed over must also be presented.
4. If, as an exception, delivery against invoice has been agreed, the invoice amount is due on the day of invoicing without any deductions, unless another payment term is noted on the invoice. Payment taking into account a discount is excluded.
5. In other cases audio solutions only sends repair devices to the customer if advance payment is settled
6. If a device is not picked up within 14 days of notification of completion, we shall claim storage fees or default interest.
8. Guarantee repairs are carried out subject to the manufacturer's approval. If the manufacturer refuses the approval, the repair costs will be borne by the customer.
9. The spare parts deliveries remain the property of audio solutions until full payment has been made. The buyer may for his part resell the delivered goods in regular business transactions with retention of title, as long as he is not in default.
§6 Shipping, package collection, transport damage and their costs
1. All freight, ancillary freight and packaging costs are borne by the customer.
2. For sent / delivered or picked up packages, the risk is transferred to audio solutions as soon as these devices are received by audio solutions.
3. When the devices are returned to the audio solutions company premises, the risk is transferred to the customer upon delivery. In the case of shipping by various transport companies, the risk is transferred to the customer when and as soon as the device has been handed over to them or has otherwise left the audio solutions premises.
4. audio solutions, carefully selects shipping routes, forwarders and carriers for the return of the devices. It is up to the customer to observe and assert any transport damage and the deadlines to be observed.
5. If devices are handed over or sent to audio solutions, audio solutions may return them in suitable, new, customary packaging. This is to be paid separately by the customer.
6. audio solutions is not liable for transport damage or hidden transport damage to shipments that are packed by the customer and picked up by a transport company commissioned by audio solutions. Hidden transport damage is damage that is not obviously recognizable and that is only discovered during processing by a technician. In this respect, a timely notification to the customer / freight forwarder may not be guaranteed and will be accepted by the customer. If the damage is recognized by the transport company commissioned by audio solutions, audio solutions is liable under the transport insurance.
§7 Lien of the company and failure to collect
1. audio solutions is entitled to a contractual lien on the equipment that came into the possession of audio solutions as part of the order due to the service provided in accordance with the order.
2. If the customer does not pick up the device within 14 days after notification, audio solutions will charge the customer a storage fee of 5 euros per day.
If the device is still 3 months after being requested to do so in accordance with §5 para. 6 has not been picked up, audio solutions is not obliged to store it further and is free from any liability, including for slightly negligent damage or loss. After this 3-month period has expired, audio solutions is free to send the customer a threat of a private sale. 14 days after sending this threat, audio solutions may sell the device in question to cover the service claim against the customer.
§8 Warranty, Liability, Right of Return
1. audio solutions guarantees that repairs will be carried out properly for 6 months. The warranty begins on the invoice date. Defects on the affected device are corrected free of charge if and to the extent that audio solutions is responsible for them. audio solutions guarantees the use of impeccable materials for the implementation of services for the same period.
2. The customer has to give audio solutions time and opportunity to remedy the defect and, above all, to ensure that the object in question is available to audio solutions or its agents in the audio solutions workshop for examination and implementation of the warranty measures. Any necessary on-site appointments with the customer will be billed to the customer.
3. audio solutions is only liable for damage and loss of the subject matter of the order if audio solutions or a vicarious agent is at fault. In the event of damage, audio solutions is obliged to carry out repairs free of charge for the customer, but is also solely entitled. If the repair is impossible or the effort for it exceeds the current value, audio solutions can instead meet the customer's claims by paying the current value of a comparable device or, at its own option, by delivering a corresponding new device. The same applies to loss.
audio solutions is in no way liable for enthusiastic values or similar
4. Audio solutions is only liable for damage of any other kind, be it on the device or otherwise, for whatever legal reason, including as a result of the breach of secondary contractual obligations or due to unlawful acts, if and to the extent that such damage is caused intentionally or grossly negligent Behavior of audio solutions or the employees or vicarious agents of audio solutions when performing the tasks assigned to you according to this maintenance contract. In accordance with the above conditions, audio solutions is only obliged to remedy defects or damage or to pay compensation if the defects and damage that have occurred have been reported in writing immediately after their discovery, at least not later than one week after discovery. The statutory limitation period applies.
5. Any liability does not apply if the customer remedies defects or damage or has them remedied by third parties without the prior consent of audio solutions. The customer is not entitled to reimbursement of costs incurred as a result.
b) Spare parts deliveries
1. The warranty begins with the date of the invoice and is 6 months
2. The buyer must notify audio solutions of the defect immediately, but no later than 1 week after receipt of the delivery, in writing or by email.
3. Spare parts of any kind cannot be exchanged or taken back.
4. Spare parts that are legally considered to be wearing parts are excluded from any guarantee / warranty.
§9 foreign business
German law applies to the contractual relationships.
Should any of these conditions, for whatever reason, not apply, this will not affect the validity of the remaining conditions.
§11 place of jurisdiction
The exclusive place of jurisdiction is Melle or the local court responsible for audio solutions.
§12 data protection regulations
457/5000 We collect your data for the purpose of carrying out your contact request. The data processing is based on Article 6 Paragraph 1 f) GDPR. Our legitimate interest is to answer your request. A transfer of data to third parties does not take place. The data will be deleted as soon as they are no longer required for the purpose of their processing. You have the right to object to the use of your data for the purpose of contacting you at any time.