Terms of Service
1. Validity of the conditions
1.1. The deliveries, services and offers of pro-equi digital horsemanagement are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business ties, even if they are not expressly agreed again. At the latest with the acceptance of the goods or services, these conditions are considered accepted. Counter-confirmations of the buyer with reference to his business or purchase conditions are hereby contradicted.
1.2. Deviations from these terms and conditions are only effective if we confirm them in writing.
2. Offer and contract
2.1. The offers of pro-equi digital horsemanagement are non-binding. Declarations of acceptance and all confirmations require our written or telex confirmation in order to be valid. The same applies to supplements, modifications or subsidiary agreements.
2.2. Drawings, illustrations, dimensions, weights or other types of services are only binding if expressly agreed in writing.
2.3. The sales employees of pro-equi digital horsemanagement are not authorized to make oral subsidiary agreements or to give oral assurances that go beyond the content of the written contract.
2.4. If a buyer exceeds his credit limit by calling up, then we are of our delivery obligation released.
3.1. Unless otherwise stated, pro-equi digital horsemanagement is bound to the prices contained in its offers for 30 days from the date of their entry. Decisive are the prices stated in our order confirmation plus the respective statutory sales tax. Additional deliveries and services will be charged separately.
3.2. The prices are, unless otherwise agreed, plus packaging, transport, freight insurance and plus the applicable value added tax on the day of delivery, ex warehouse.
4. Delivery and service time
4.1. Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing.
4.2. Delays in delivery and performance due to force majeure and events that make it significantly more difficult or impossible for pro-equi digital horsemanagement to do so include, in particular, strikes, lockouts, official orders, etc., even with binding deadlines and deadlines not to be represented by pro-equi digital horsemanagement. They entitle us to postpone the delivery and service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the unfulfilled part.
4.3. If the hindrance lasts more than three months, we are entitled, after a reasonable period of grace, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if we are released from our obligation, the buyer can not derive any claims for damages. Pro-equi digital horsemanagement may only invoke the aforementioned circumstances if the buyer has been notified immediately.
4.4. Insofar as we are responsible for the non - observance of binding deadlines and deadlines or if we are in default, the purchaser is entitled to compensation for delay of 1/4% for each completed week of default, up to a maximum of 5% of the invoice value of Delayed deliveries and services. Further claims are excluded, unless the delay is based at least on gross negligence on our part.
4.5. Pro-equi digital horsemanagement is entitled to partial services. In the case of delivery contracts, every partial delivery and partial service is deemed to be a separate service.
5. Delivery quantity
Visible differences in quantity must be reported to us and the carrier in writing immediately upon receipt of goods, hidden differences in quantity within four days after receipt of the goods. Takeover of the goods by forwarding agent or forwarding agent is considered proof of quantity, perfect wrapping and loading.
6. Transfer of risk
The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse of pro-equi digital horsemanagement for the purpose of dispatch. If shipping becomes impossible through no fault of ours, the risk passes to the buyer with the notification of readiness for shipment.
7.1. The customer is aware that our prices are in accordance with the following warranty conditions.
7.2. We guarantee that the new parts supplied by us are free of manufacturing and material defects. The warranty in accordance with the following provisions is 24 months.
7.3. The warranty extends to all defective components when used properly. The warranty period starts with the delivery date. It shall be canceled in full extent of the order in the event of improper use or extraordinary use of the devices.
7.4. Failure to comply with our operating or maintenance instructions, changes in our products not controlled by us, replacement of individual parts or use of non-original materials and materials that do not conform to our original specifications will invalidate any warranty related to the entire order volume.
7.5. The buyer must notify us in writing of any defects without delay, but no later than one week after receiving the delivery item.
7.6. If the defect certificate of the buyer is available to us, we can demand, at our option, that:
a) the defective part or device is sent to us for repair and return.
b) the buyer holds the defective part or device ready, while service technicians are sent by us to the customer for repair. The replacement of the defective part is free. The repair as a result of a repair takes place with compensation for our applicable repair hourly rate. If requested to perform warranty work in a location designated by Buyer, the work subject to the warranty will be charged at the aforementioned rate, while other working time and travel expenses shall be settled in accordance with our standard rates. The devices must arrive free and are delivered free of us again. The replacement of parts, assemblies or entire devices no new warranty periods come into force. Wear parts are excluded from the warranty. Improper use, storage and handling of equipment as well as foreign intervention and the opening of equipment result in that warranty claims expire. The warranty is limited to the repair or replacement of the damaged items. Should any data on the equipment to be repaired be lost as part of our repair efforts, this risk must be borne by the customer.
7.7. Reduction and claims for damages for any reason - including consequential damages - are excluded. Section 276 (2) BGB remains unaffected.
We are only obliged to repair or replacement if the buyer has fulfilled his contractual obligations.
Only our employees are allowed to carry out rectification. If employees of other companies are used for rectification, the customer loses the aforementioned warranty right.
8.1. Each purchaser or reseller is solely responsible for deciding whether a product ordered from pro-equi digital horsemanagement is executable on a computer system intended for use with this product. The customer undertakes to inspect the goods delivered by pro-equi digital horsemanagement immediately after arrival and to notify pro-equi digital horsemanagement in writing of any damage and complaints within 14 days. Failure to notify in time will invalidate the warranty claim of the customer.
8.2. The liability of pro-equi digital horsemanagement for damages and loss of assets resulting from the use of goods delivered by pro-equi digital horsemanagement is excluded, unless the damage is due to gross negligence Breach of contract by pro-equi digital horsemanagement. The recipient alone is responsible for the correct use of the goods, in particular for the security of processed or processed data.
8.3. A warranty obligation of pro-equi digital horsemanagement is limited to the choice of replacement or repair within the warranty of the manufacturer. When using these terms and conditions in commercial transactions, pro-equi digital horsemanagement is also entitled to limit the warranty to the assignment of its own warranty claims against manufacturers, suppliers or authors, unless the defect is due to the area of responsibility the pro-equi digital horsemanagement. If a remedy of the replacement delivery by pro-equi digital horsemanagement or the satisfaction of the assigned warranty claims fails, the customer may, at his discretion, demand a reduction of the purchase price or cancellation of the contract. A further claim of the customer for compensation of direct or indirect damage is excluded, unless the damage is due to a grossly negligent breach of contract by pro-equi digital horsemanagement.
9. Retention of title
9.1. Until the fulfillment of all claims (including all balance claims from current accounts) which pro-equi digital horsemanagement is entitled to against the Buyer now or in the future for any legal reason, the Buyer shall grant the following securities upon request at his option as long as their value exceeds the claims sustainably by more than 20%.
9.2. The goods remain the property of pro-equi digital horsemanagement. Processing or reshaping is always done for us as a manufacturer, but without obligation for us. (If our co-ownership expires through connection, it is already agreed that the (co-) ownership of the buyer of the unified product in terms of value (invoice value) passes to us.The buyer keeps the (co-) ownership of pro-equi GmbH & Co The goods to which we are entitled to co-ownership are referred to below as reserved goods.
9.3. The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The purchaser hereby assigns to us in full the claims arising from the resale or any other legal reason (insurance, unauthorized handling) with respect to the reserved goods (including all balance claims from current account). We irrevocably authorize him to collect the claims assigned to us for his account in his own name. The collection authorization can only be revoked if the buyer does not meet his payment obligations properly.
9.4. In the case of access by third parties to the reserved goods, the buyer is informed of the seller's property and notified immediately.
9.5. In case of breach of contract by the purchaser - in particular default of payment - we are entitled to take back the reserved goods or, if necessary, to demand assignment of the claims for surrender of the purchaser against third parties. In the withdrawal as well as in the garnishment of the reserved goods by us - as far as the „hire purchase act“ is not applicable - there is no withdrawal from the contract.
10. Rights to design documents, methods and tools
10.1. If design drawings, tools, plans or other documents are made available to the supplier, these documents remain our exclusive property. The supplier is not authorized to reproduce these documents without our knowledge and without our consent, to pass them on to third parties or to inform the contents of these document.
10.2. Items manufactured in accordance with our drawings - also in modified form - may not be supplied by the supplier, either directly or indirectly, to third parties.
10.3. If the supplier produces drawings, models and / or tools for an order and charges us for them, these become our property. These drawings, models and / or tools are kept by the supplier free of charge and carefully until retrieval by us. Use for or by others is permitted only with our express written permission.
10.4. For each case of a breach of the obligation under clause 10.1. - 10.3. through the supplier, his employees or his vicarious agents, the supplier pays to us a contractual penalty in the amount of 15,000, - €. The assertion of this contractual penalty shall not affect any further liability of the supplier for all disadvantages or damages resulting from such a breach of duty.
10.5. Models and tools are generally to be insured against loss and damage by the supplier at its own expense.
10.6. Upon reasoned request or upon the completion of the deliveries, all documents, in particular drawings, tools and models shall be returned to us immediately.
11.1. Depending on the agreement, the invoices are payable by cash in advance, cash on delivery clearing check, cash on delivery check, invoice or pickup unless otherwise agreed. The delivery is basically unfree, means at the expense of the buyer by parcel service, forwarding or own vehicle. The goods can be insured against damage in transit for a small fee (e.g. postal parcel, for example). In spite of contrary provisions of the buyer, we are entitled to first offset payments against his older debts. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the main service.
11.2. A payment is deemed to be made only when we can dispose of the amount. In the case of checks, the payment is deemed to have been made when the check is cashed.
11.3. If the buyer is in default of payment, we are entitled to charge interest from the commercial bank on the current account interest rate for open overdraft facilities. They are then set lower if the buyer proves lower load.
11.4. If the buyer fails to meet his payment obligations, in particular does not pay a check or ceases to pay, or if we become aware of other circumstances that call into question the creditworthiness of the buyer, we shall be entitled to call in the entire remaining debt, even if he accepted checks. In this case, we are also entitled to demand advance payments or security deposits.
11.5. The buyer is only entitled to set-off, retention or reduction, even if complaints of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
12. Prohibition of assignment
The assignment of claims against us to third parties is excluded unless we expressly agree to the assignment.
13. Limitation of Liability
Claims for damages from impossibility of performance, from positive breach of contract, from fault at conclusion of contract and tort, are excluded both against us and against our vicarious agents. Pro-equi digital horsemanagement is only liable for damage caused by it or its legal representatives or one of its vicarious agents due to gross negligence or intent. The above limitation of liability applies to contractual and non-contractual claims. Liability under the Product Liability Act remains unaffected.
A liability does not apply to faulty functions or lack of availability of infrastructures or transmission paths of the Internet, which are not in the area of responsibility of pro-equi GmbH & Co.KG. Similarly, a disclaimer applies to any form of force majeure (such as natural disasters). Claims for damages due to resulting power failures can not be asserted, even if pro-equi GmbH & Co.KG has taken technical precautions to avoid such events (eg, power outages).
Liability for technically and / or externally caused failures, data loss, aborted data transfers, e-mail losses, data theft or other problems in this context is expressly excluded, even if the Provider has taken technical precautions to avoid such events (e.g. data backups).
Customer understands that data stored on the publicly available web server may be corrupted, spied on, or lost forever, despite proper protection and backup devices on the system or during data transmission. In addition to the possibly contractually agreed data backup on the part of pro-equi GmbH & Co.KG, the customer therefore in any case creates additional backup copies of its static and dynamic data.
Pro-equi GmbH is in no way liable for data losses on data carriers or during data transmission or the consequences of software errors in free open source software.
14. Copyrights and scope of services
14.1. Supplied as part of the scope of delivery, this is the sole responsibility of the buyer for a one-time installation or a single resale. A multiple right of use requires a special written agreement. In case of breach of this agreement, the buyer is fully liable for the resulting damage.
14.2. To the extent that software is included in the scope of delivery as an online version or web service (Software as a Service, SaaS), pro-equi digital horsemanagement will provide the customer with the technical conditions for the publicity of programs on the Internet and secure them in accordance with the performance contract towards the customer an accessibility of the portal of 97% of the respective product in the annual average. This does not apply to periods in which the computers can not be reached via the Internet due to technical or other problems that are outside the sphere of influence of pro-equi digital horsemanagement (force majeure, fault of third parties, etc.).
Planned or necessary maintenance operations that lead to downtime and were previously reported as maintenance windows are considered Available.
Another component of the performance obligation is the contractually agreed benefit packages and options. Pro-equi digital horsemanagement reserves the right to modify or improve performance.
In case of limitations of the scope of services, the customer has an extraordinary termination right. If services are provided free of charge, pro-equi digital horsemanagement is entitled to reinstate these without notice and without prior notice. A reduction, reimbursement or claim for damages can not be asserted. In the event of a fundamental change in the legal or technical standard on the Internet, pro-equi digital horsemanagement is allowed to terminate its services wholly or partially within the scope of pro-equi digital horsemanagement if it becomes unreasonable for pro-equi digital horsemanagement Contractually.
15. Applicable law
15.1. For the terms and conditions and the entire legal relationship between pro-equi digital horsemanagement and the buyer, the law of the Federal Republic of Germany.
15.2. As far as the buyer is a registered trader, i. S. of the HGB, a legal entity under public law or a special fund under public law, Oldenburg is the exclusive place of jurisdiction for all disputes arising directly from the contractual relationship.
15.3. Should a provision in these terms and conditions or a provision in the context of other agreements be ineffective, this shall not affect the validity of all other provisions or agreements.
Pro-equi digital horsemanagement is entitled to process the data relating to the business relationship or in connection with it about the purchaser, whether these originate from the purchaser or from third parties, within the meaning of the EU General Data Protection Regulation.
Re-export from Germany is subject to German and / or US regulations and is not permitted without official approval. The export of our goods to non-EC countries requires our written consent, regardless of the fact that the buyer has to take care of obtaining any official import and export licenses. The buyer is responsible for compliance with the relevant provisions to the end user.