There is no "not possible"

General terms and conditions of the Monte Arena UG with its spin-off "IT service angel"

I. General provisions

§ 1 validity of the conditions

Deliveries, services and offers from Monte Arena UG (represented here by the IT service angels) - hereinafter referred to as ISE - are made exclusively on the basis of these terms and conditions. These terms and conditions therefore also apply to all future business relationships, even if they are not expressly agreed again. These conditions are considered accepted at the latest when the goods or services are received. General terms and conditions of the customer, in particular in counter-confirmations, are hereby contradicted, ie they will not be recognized even if they are not explicitly contradicted again after receipt. Deviations from these terms and conditions are only effective if they are confirmed in writing by ISE.

§ 2 conclusion of contract

a) The customer is bound to the order signed by him for one month. The contract is concluded if the company ISE within the 1-month commitment period either confirms the conclusion of the contract in writing by sending an order confirmation or delivers the object of the contract to the customer within the 1-month commitment period (it is sufficient for ISE company to Subject of the contract to the customer for acceptance).

If it has been agreed that the object of the contract should be picked up by the customer, it is sufficient for ISE to notify the customer that the object of the contract is ready for collection. Insofar as the customer is a fully qualified trader within the meaning of the German Commercial Code or a legal person under public law, it is irrefutably presumed for the customer to have received the relevant order confirmation or to have received the subject of the contract, provided the company ISE conclusively states the time and place of the Have sent the order confirmation or have served the subject of the contract.

b) The representative or the sales staff of the company ISE are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the written contract and these general terms and conditions.

§ 3 prices

Decisive are the prices mentioned in the order and in the order confirmation of the company ISE plus the respective legal sales tax. Unless otherwise agreed, additional deliveries and services will be charged separately. Unless otherwise agreed, the prices do not include freight, shipping and packaging costs.

§ 4 delivery and performance time

a) Delivery dates and deadlines are agreed in writing with the customer. The written order confirmation is decisive for agreed fixed delivery dates.
b) Delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for ISE - this includes in particular strikes, lockouts, official orders, etc. - even if they occur with ISE suppliers or their subcontractors , ISE is not responsible even for bindingly agreed deadlines and dates. They entitle the company ISE to postpone the delivery or service for the duration of the disability plus a reasonable start-up time.
c) If the hindrance lasts longer than 3 months, the customer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the unfulfilled part.

d) If the company ISE is responsible for non-compliance with bindingly agreed deadlines and dates or is in default, the customer is entitled to compensation for delay in the amount of 0.5% of the net invoice value for each completed week of the delay, but in total up to 5% of the invoice value of the deliveries and services affected by the delay. Claims beyond this are excluded, unless the delay is at least due to gross negligence on the part of ISE.
e) If technically possible, ISE is entitled to make partial deliveries and partial services at any time.
f) Delivery times can be up to 1-2 weeks.

§ 5 transfer of risk

If the buyer is a consumer, the risk is transferred to the buyer when the goods are handed over, in the event of a purchase by an entrepreneur, as soon as the shipment has been handed over to the person carrying out the transport or has left the ISE warehouse for shipping, regardless of whether the Company ISE has contractually assumed the shipping and or transport costs or not.

§ 6 Offsetting / right of retention

The customer only has a right of set-off or retention if the counterclaims asserted by the customer have been legally established or are undisputed.

§ 7 limitation of liability

a) In the event of slightly negligent breaches of duty, ISE's liability is limited to the direct average damage that is foreseeable and typical for the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of ISE S. ISE is not liable to entrepreneurs in the event of a slightly negligent breach of essential contractual obligations.

b) The above limitations of liability do not affect the customer's claims arising from product liability. Furthermore, the liability restrictions do not apply to bodily and health damage or loss of life of the customer attributable to ISE.

c) Claims for damages by the customer due to a defect become statute-barred one year after delivery of the goods. This does not apply if the ISE malice can be reproached.

§ 8 place of performance

Hamburg is the place of performance for all deliveries and services, unless the customer can prove that a special place of performance arises from special circumstances.

§ 9 Applicable law, place of jurisdiction, partial nullity

a) The law of the Federal Republic of Germany applies to these terms and conditions and for the entire legal relationship between the company ISE and the customer. The applicability of the uniform international sales law is expressly excluded.

b) Insofar as the customer is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Hamburg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

c) If individual provisions of these general terms and conditions are or become invalid, this does not affect the effectiveness of the remaining provisions. The contractual partners are obliged to agree on a new provision that comes as close as possible to the purpose pursued by the invalid provision.

II. Special provisions for sales contracts

§ 1 warranty

a) ISE guarantees that the subject of the contract is free from defects in accordance with the contractual requirements within the statutory warranty obligation of 2 years for new goods and 1 year for used goods, calculated from the time of delivery. If the buyer is an entrepreneur himself, a warranty period of one year applies to new goods, the warranty is excluded for used goods. Used goods are, in particular, exhibition goods designated as such. Exhibited goods therefore show the corresponding signs of use, which do not constitute a defect, even if they are not described in detail in the contract.

b) If the buyer is an entrepreneur, the warranty claims are limited to the elimination of defects or replacement delivery at ISE's option.

c) If the buyer is a consumer, the buyer has the right to choose whether the supplementary performance is to be carried out by rectifying the defect or supplying a replacement. However, ISE is entitled to reject the chosen type of supplementary performance, provided this involves disproportionate effort and / or costs. A disproportionate effort can be assumed if the usability of the goods is fully guaranteed even if the defect is remedied.

d) If subsequent performance is carried out by rectifying the defect, ISE can, at its option, request that

aa) the defective contractual item is sent to ISE for repair and subsequent return;

ab) the customer has the defective contractual item ready and a service technician from ISE is sent to the customer to carry out the repair. If the customer requests that warranty work be carried out at a location other than the customer's place of business, the company ISE can comply with this request, whereby the travel time and travel costs incurred are to be paid separately by the customer according to the standard rates of the company ISE.

e) If two attempts at subsequent performance fail within a reasonable period of time, the subsequent performance is considered to have failed. The buyer is then entitled to his statutory rights in this case. The right of withdrawal is excluded if there is only a minor defect. Insignificance is present in particular if the usability of the goods is not impaired.

f) If operating or maintenance instructions from the company ISE or the respective manufacturer are not followed, changes are made to the products, parts are replaced or consumables that do not meet the original specifications are used, any warranty is void.

g) If the customer is an entrepreneur, he must notify I ISE of defects immediately, but at the latest within 1 week after receipt of the subject of the contract. Defects that cannot be discovered within this period, even with careful inspection, must be communicated to I ISE in writing immediately, i.e. within 1 week of discovery. Any violation of this immediate obligation to examine and give notice of defects will result in a warranty exclusion.

h) Liability for normal wear and tear or incorrect operation is excluded.

i) Warranty claims by the company I ISE are only available to the direct customer and are not transferable. The preceding paragraphs contain the guarantee for ISE products and exclude any other guarantee claims of any kind. This does not apply to claims for damages from property assurances, which are intended to protect the customer against the risk of consequential harm caused by a defect. The preceding paragraphs contain the guarantee for products and services of the company ISE and exclude any other guarantee claims of any kind (with the exception of claims for damages from property assurances), unless a separate guarantee extension contract is concluded. You should sign a separate warranty extension contract.

§ 2 retention of title

a) Until the fulfillment of all claims (including all balance claims from current account) which the company ISE has incurred against the customer for any legal reason or which will arise in the future, ownership of the contractual object remains with the company ISE.

b) The customer is not permitted to sell, pledge or assign the contractual object as security. The customer assigns the claims arising from an unauthorized resale, an unauthorized pledge or an unauthorized transfer of security or another legal reason (insurance, unlawful act) of the goods subject to retention of title to the company ISE up to the amount of the goods value.

c) In the event of third-party access to the goods subject to retention of title, the customer will point out the ownership of ISE and notify the company immediately, stating the full address of the third party.

d) With default of entry, suspension of payment, application or opening of insolvency proceedings as well as in the event of non-cashing of a given check or bill of exchange, the security event arises, which entitles ISE to immediately retrieve the object of the contract.