All customer services which are carried out by Roland Seifert Imaging GmbH (RSI GmbH), are done on the basis of the following Terms and Conditions. A different agreement is only then valid if there has been a prior written agreement between RSI GmbH and the customer.

 

a) When you place an order to purchase a product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.

b) Please be aware, that we distribute the products to end customers only and that the products are not designated for intermediate trade.

a) Our prices are exclusive of VAT which shall be charged additionally at the statutory rate valid at the date of invoicing. Our prices shall be understood for EXW (INCOTERMS 2000 published by the International Chamber of Commerce, Paris) delivery. The costs of packaging, shipping and transportation insurance shall be charged additionally.

b) When ordering goods from us for delivery outside Germany, they may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. All costs and charges have to be paid directly to the local authorities by you.

a) We reserve the right to demand advance payment. Our invoices shall be payable within 14 days after delivery and invoicing. For the purpose of determining its timeliness, a payment shall be deemed to have been made when we are able to dispose freely of the amount credited to our account. In the case of cheques or bills of exchange, the possibility of payment and entry in our account must be given according to the usual order of business. All costs and expenses resulting from the discounting and submission of cheques and bills of exchange shall be borne by you.

b) If the customer fails to meet his payment obligation we shall be entitled, without evidence being required, to demand interest on arrears on such delayed payment at a rate 8% p.a. above the relevant base interest rate of the European Central Bank from the contractual payment date, notwithstanding the possibility of claiming for greater actual damage and without prejudice to our other rights.                                                      

c) If the customer does not comply to the payment obligation after the expiry of time limit mentioned in Nr. 4(a), RSI GmbH has the right to charge overdue fine and processing fee caused extra by it.

d)  You may set off only claims which are either uncontested by us or which have been adjudicated and are final and unappealable.

e) In the event that your financial circumstances should deteriorate after the conclusion of the contract, we shall be entitled to refuse the services to be performed by us until our claim has been paid or until security has been provided for claims not yet due.

a) Information about delivery time is of non-binding force. The delivery time shall only be deemed to be agreed after written confirmation by us. The delivery time shall be deemed to have been complied with if, within the delivery time, the goods leave our factory or if you have been advised that the goods are ready for shipment, or if you have been notified that the goods are ready for shipment.

b) If we are unable to comply with the agreed delivery time because of industrial disputes or other unforeseeable events beyond our control, including but not limited to shortages of material or energy, incorrect or late deliveries (despite the careful choice of suppliers) and if the non- compliance could not be prevented by due care and diligence, the delivery time shall be extended by the duration of the hindrance plus an appropriate additional time. If you are able to demonstrate that such an extension of the delivery time cannot be reasonably accepted by you, you shall be entitled to cancel the contract, provided that it has not yet been fulfilled. No further claims shall be admissible.

c) If we are responsible for non-compliance with the delivery time, you shall be entitled to cancel the contract after the expiration of a reasonable extension of the delivery time granted in writing; or, if you can prove that you have suffered damage due to the delay caused by us, you shall be entitled to claim damages to a maximum of 0.5 % of the price of the delayed goods or services for every full week of the delay, but under no circumstances more than 5% of the aggregate value of the undelivered goods or services. Any other and further claims for damages, whether by contract or by statute, shall be excluded. The above provisions shall not apply in cases where we are statutorily liable for intentional conduct or gross negligence.

d) If at the time of delivery you are not available at your given delivery address resulting in unsuccessful/no delivery, although you were informed about the delivery time, in that case the costs incurred will be borne by you.

a) Unless otherwise agreed, we shall select the route and mode of shipment, and shall ship the goods to your domicile at your expense.

b) We shall insure the goods against the usual transport risks from our facility to the destination access.

c) Risk of loss or damage shall be passed on to you as soon as the goods have been handed over to the haulage company or have left our factory or warehouse, or on receipt of our notification that the goods are ready for shipping, if the dispatch was delayed for reasons beyond our control. The delivery is carried out under the EXW, Incoterms 2000.

d) Partial shipments shall be permissible.

 

Obvious defects and damages in transit, incorrect shipments and deliveries, incorrect quantities shall be immediately reported to us in writing. Any defects or damages which are not directly obvious shall be reported to us in writing not later than 14 days after receipt of the goods concerned.

 

 

To the extent permitted by the law of the country to which the products are delivered, we shall reserve title to the delivered products (the „secured products") to secure the payment of all contractual claims we have against you for payment. You shall be entitled to resell the goods in the ordinary course of business with the provision that, for the purpose of security, you assign the claims from the resale, including all secondary rights, for the full amount billed by you.

With the right of revocation, we authorize you to collect the claims assigned to us in your own name for account. This authority to collect can be revoked if you do not duly fulfill your payment obligations or in the event of deterioration of your financial circumstances. Pledging of the goods or transfer of ownership by way of security shall not be permissible.

 

a) In the event of any material defects and defects in title, we shall warrant as follows, subject to the provisions of clause 10 and with all further claims being excluded: If you report any such defect to us within the warranty period, we shall undertake to remedy the defect free within a reasonable period of time, at our option, by repairing the defective product or by supplying replacement which is free from defect. If we are not in a position to do so, you shall be entitled to rescind the contract.

b) RSI GmbH is obligated to repair or make up for incomplete and not duly performed services free of charge. If RSI GmbH is not able to meet its preceding responsibilities of repairing on time, then you are entitled to set an adequate time limit. If RSI GmbH lets that adequate time limit set by you elapse, then you can either choose to demand a reduction in cost or cancel the contract without notice. You are not entitled to any other or further guarantee claims of our services.

c) Unless otherwise agreed, the limitation period for warranty claims and legal deficiency shall be 12 months outside Europe and 24 months within Europe after passing of the risk of loss.

d) You shall immediately notify us of defects which appear and do everything within your power to keep the damage to a minimum.

e) We shall be obliged to remedy defects only if you comply with your contractual obligations. In particular, agreed payments must be made in accordance with the payment terms, and you may withhold payments only in an amount which bears a reasonable relationship to the defects which have appeared.

f) Defects resulting from normal wear and tear (especially in consumable parts) or from mishandling shall not be covered by this warranty. Nor shall we warrant for any defects caused by repairs or modifications improperly performed by yourself or third parties.

g) Periods of limitation for warranty claims shall be interrupted by measures implemented to remedy defects.

h) The following additional provisions shall apply to software: we warrant that the software delivered to you conforms to the program specifications, provided that the software has been installed in our corresponding systems and in accordance with our instructions. Software defects shall only include defects which can be reproduced at any time. We will undertake to remedy software defects which impair the contractual use to a more than insubstantial degree, at our option and depending on the extent of the defect, either by delivery of an improved version of the software or by providing advice as to how such defects can be eliminated or their effects avoided.

i) All other and further claims, whether arising by contract or by statute, shall be excluded, in particular claims for damages which do not directly affect the products (consequential or indirect damages). This shall not apply to the extent that we are statutorily liable for intentional conduct, gross negligence or lack of warranted properties in the product.

You shall be granted a non-exclusive, non-transferable license to use programs, related documentation and subsequent upgrades for the internal operation of the products for which the programs are supplied. You shall not make them accessible to third parties without our prior written consent. Copying, with the exception of a backup copy, shall not be permitted. Nor shall the software and the related documentation be used for the training, instruction etc. of third parties. Source programs shall only be made available by us under a separate written agreement.

a) In the event of a breach of obligations contained in a preliminary agreement, contract and extra-contractual agreement and in the case of a defective delivery (but excluding the defective delivery of a generic item), tort and product liability, we accept liability for damages and reimbursement of expenses (subject to further contractual or statutory liability conditions) only in the event of intent, gross negligence and in the case of ordinary negligence of a material contractual obligation (a contractual obligation, whose infringement imperils the attainment of the purpose of the contract). However, our liability (except in the case of intent) is limited to the damages which were foreseeable at the time of the conclusion of the contract and which are typical under the contract.

b) If the goods which were delivered cannot be used in a particular case in accordance with the contract and we are responsible as a result of our failure to execute suggestions and advice provided prior to or after conclusion of the contract or because of defective execution of such suggestions and advice or by breach of other secondary contractual obligations (particularly operating instructions and maintenance instructions for the goods supplied), Clause 11(a) and the provisions of Clause 9 apply and further claims on the part of the customer are excluded.

c) Apart from breach of material obligations, liability for ordinary negligence is excluded and in any event, liability is limited to the purchase price. Clause 4 remains unaffected hereby.

d) The liability exclusions and limitations contained in Clauses 11(a) – 11(c) do not apply when a warranty for the quality of goods within the meaning of § 444 of the Civil Code has been accepted, or in the event of fraudulent concealment of a defect, loss or damage arising from bodily injury, impairment of health or death, or in the event of compulsory liability in accordance with the Product Liability Act.

e) All claims for damages against us, for whatever lawful reasons, are time-barred not later than one year after delivery of the goods to the customer or performance of the service, in the case of tortious liability following notice or negligent ignorance of the circumstances giving rise to the claim and of the person liable for damages. The provisions of this Clause do not apply (and are replaced by the statutory provisions) in the case of liability for intent and cases under the Product Liability Act.

f) In the case of supply of software, we, our staff and vicarious agents are liable for the loss or corruption of data caused by the program but only to the extent which would have been unavoidable if the customer had fulfilled his duty of data security at adequate intervals, at least daily.

 

 

The data given by the customer shall be used solely for the purpose of processing of the orders. All data shall be kept confidential. A transfer of data to a third party (for e.g transport services) shall only be carried out as required for the processing of the order. The order details shall be transferred securely and protectively. We do not take accountability for the data security at the time of transfer through the internet (for e.g technical failure of the internet service provider) or an eventual criminal access. Customer login data which, as per customer’s request, is forwarded to the same, is to be treated confidentially by the customer, as we do not take any kind of responsibility for the usage and application of these data.

 

The displayed logos, pictures and graphics are the property of the respective companies and underline the copyright of the respective licenser. All the displayed pictures, logos, texts, news, scripts and programming routine, which are our own proprietary development or processed by us, shall not be copied or used otherwise without our approval. All rights are reserved.

 

In the verdict of 12.Mai 1998- 312 O 85/98- “Accountability of Links”, the district court of Hamburg decided that through the production of a link, one shall also be held responsible for the content of the respective webpage link. This can only be prevented by distancing oneself emphatically from the respective content(s). Hereby, we distance ourselves emphatically from all the contents of the linked pages on our homepage. This declaration is valid on all the indicated links on our web pages.

 

a) The court of jurisdiction, unless otherwise earmarked by the law, shall be the business location of RSI GmbH.

b) All disputes, which may arise due to this legal contract, shall be governed by the law of Federal Republic of Germany.

 

 

After placement of an order, the general terms and conditions of RSI GmbH shall apply. For whatever reasons, if any of the clauses of these Terms and Conditions are null and void, then the validity of the remainder of the contract shall remain unaffected. Verbal agreements require written confirmation.