Terms of Service
§ 1 General Terms
§ 1.1 The Terms of Service are valid for all business relationships between SYSTART GmbH and the customer. The Terms of Service are the basis of the contract between the customer and SYSTART GmbH. The current terms as seen here are to be applied.
§ 1.2 The customer’s Terms of Service are not valid.
§ 1.3 Variations of the Terms of Service have to be in written form and have to be signed by both parties – SYSTART GmbH and the customer.
§ 1.4 In favor of brevity, all fulfilled services of SYSTART GmbH will be called “goods” in the following.
§ 1.5 If any provision of these Terms of Service violate any applicable laws or court judgments, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of these Terms of Service, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms of Service.
§ 1.6 These Terms of Service are subject to German law. The place of performance and jurisdiction is Munich, Germany.
§ 2 Terms of Offers
§ 2.1 Binding offers will only be delivered in written form.
§ 2.2 All offers – regardless of transmission mode – will be valid only through affirmation of SYSTART GmbH (see also § 2.1).
§ 2.3 SYSTART GmbH reserves its right not to fulfill the agreement if it becomes evident after the conclusion of the agreement that fulfillment would be unreasonable for SYSTART GmbH. SYSTART GmbH furthermore reserves its right to define what is unreasonable. In this case the customer will be informed immediately. All payments and other forms of compensation shall be reimbursed. However, any further claims shall be excluded.
§ 3 Terms of Delivery
§ 3.1 All shipping costs – e.g. packaging costs and delivery costs – and optional additional costs for cargo insurance are paid by the customer.
§ 3.2 Delivery and transportation will be effectuated at the customer’s risk. As soon as the goods are appropriately packaged and assigned to the delivery service, the risk of delivery is automatically transferred to the customer.
§ 3.3 The customer is responsible for identifying packaging damages immediately and having the delivery service confirm said damages.
§3.4 The customer is responsible for inspecting the goods immediately after receiving them.. Ascertainable transport damages have to be photo-documented immediately and indicated in written form by the customer.
§3.5 All deadlines are binding unless there is an exception in written form, which is signed by SYSTART GmbH.
§ 4 Warranty, Quality Defects, Liability
§ 4.1 SYSTART GmbH guarantees that its goods are in proper condition at the time of delivery.
§ 4.2 SYSTART GmbH does not warrant for damages caused by transportation.
§ 4.3 In case of a quality defect for which SYSTART GmbH is responsible, SYSTART GmbH reserves its right to rectify said defect.
§ 4.4 It is the customer’s responsibility to indicate quality defects and to deliver defective goods to SYSTART GmbH. The customer may assign the delivery of defective goods to a parcel service or another transport company. On the arrival of the defective goods, SYSTART GmbH will determine the defect and the further procedure.