GENERAL TERMS & CONDITIONS

I. Applicability

  1. Offers, orders and services of Dragon Eye Tech. UG are exclusively subject to our General Terms and Conditions.
  2. The conditions of part 2 apply exclusively to business transactions with consumers. A consumer is any natural person who enters into a legal transaction for a purpose which cannot be attributed to either his commercial or his self-employed professional activity.
  3. Contradictory or deviating general or additional terms and conditions of the contractual partner shall not apply. Deviating contractual conditions shall only become effective vis-à-vis us if we have agreed to the changes in writing. Otherwise, we reserve the right to reject the conclusion of a contract.
  4. Our contracts are subject to the regulations about the purchase right according to §§ 433 ff. of the German Civil Code (BGB), as far as it does not concern repair contracts. The latter are subject to the provisions on the law governing contracts for work and services pursuant to §§ 611 ff. of the German Civil Code (BGB).

II. Conclusion of Contract

  1. The offers of Dragon Eye Tech. UG are subject to confirmation. Orders are regarded as accepted if they are either confirmed in writing by Dragon Eye Tech. UG or executed immediately after receipt of the order or on schedule.
  2. The written order confirmation is decisive for the scope of delivery. Additional agreements and changes to the scope of the contract require written confirmation by Dragon Eye Tech. UG in any case.
  3. Dragon Eye Tech. UG reserves the unrestricted property and copyright exploitation rights to the cost estimates, the hardware and software used, the manuals produced and all other documents of Dragon Eye Tech. UG. The aforementioned documents may only be made accessible to third parties with the prior written consent of Dragon Eye Tech. UG. If the order is not placed, the documents sent with the submission of the offer must be returned immediately, i.e. at the latest within 3 days of the order not being placed, to Dragon Eye Tech. UG at the customer’s expense. The same applies to the termination of a framework agreement or longer-term business relations. The relevant time here is the end of the respective contractual relationship.

III. Prices

  1. The agreed prices apply plus the statutory value added tax applicable on the day of delivery.
  2. If the delivery of goods is owed, the prices are ex works, i.e. from the registered office of Dragon Eye Tech. UG.
  3. If the repair of a device is the subject of the contract, the contractual partner can demand the preparation of a cost estimate. In this case Dragon Eye Tech. UG is entitled to demand an appropriate remuneration for the preparation of the cost estimate, which, however, will be offset against the remuneration for the repair service when the order is placed. The actual repair costs may exceed the estimated costs calculated in the cost estimate by 15 percent without requiring the consent of the customer.
  4. The costs for the shipment of equipment in connection with repair orders shall always be borne by the customer. This applies to both the outward and return shipment and also if a repair order is not initiated by the contractual partner for any reason whatsoever.
  5. If a device is sent to Dragon Eye Tech. UG for a cost estimate and the repair order is not placed, the customer must bear the costs of returning the device if he does not collect the item himself or has it collected. These are to be paid before return to Dragon Eye Tech. UG. If a remuneration has been agreed for the preparation of the cost estimate, the costs of the return shipment shall be charged with the invoicing of this remuneration. Otherwise, the costs to be paid will be communicated to the customer separately, stating a payment deadline. If payment is not made in due time, the risk of damage or accidental loss of the goods shall pass to the customer.

IV. Payment

  1. Unless otherwise agreed, the purchase price is due immediately upon order and payable before delivery. The remuneration for repairs is payable after completion and return of the device according to the details in the invoice. Dragon Eye Tech. UG is entitled to demand an advance payment before the start of repairs, which must not exceed the calculated repair costs. A repair can be made dependent on the payment of an advance.
    A deduction of discount is only permissible if this has been expressly agreed with Dragon Eye Tech. UG. We expressly reserve the right to agree other terms of payment.
  2. In the event of default in payment, interest of 5 percentage points above the base rate shall be payable on all amounts from the due date. If Dragon Eye Tech. UG proves a charge with a higher interest rate, the higher interest rate shall apply.
  3. If the contractual partner does not fulfil his payment obligations, is in default with his payments or if other circumstances become known which call the creditworthiness of the contractual partner into question, such as suspension of payments, insolvency proceedings, the initiation of compulsory execution measures, Dragon Eye Tech. UG has the right to terminate the order for extraordinary reasons. In this case, further deliveries/orders will only be executed against cash payment and advance payment. Any other securing of the customer’s payment obligations requires an express written agreement.
  4. Payment instructions, cheques and bills of exchange shall only be accepted after special agreement and only on account of payment. Collection and discount charges shall be borne by the contractual partner.
  5. The withholding of payments or offsetting due to any counterclaims of the contractual partner disputed by Dragon Eye Tech. UG and not legally established is not permitted.

V. Deliveries and delay in delivery

  1. Delivery dates or delivery periods shall only be binding if they have been confirmed in writing by Dragon Eye Tech. UG. As a rule, they begin with the conclusion of the contract. In the case of subsequent changes to the contract, the delivery date/period shall be redefined.
  2. The delivery period shall be extended in accordance with the duration of measures within the framework of industrial disputes, in particular strikes and lock-outs, as well as the occurrence of unforeseen events which lie outside the sphere of influence of Dragon Eye Tech. UG. This shall also apply if the circumstances occur at subcontractors.

Dragon Eye Tech. UG shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay. Dragon Eye Tech. UG shall inform the contractual partner as soon as possible of the beginning and end of such hindrances in important cases.

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  1. If Dragon Eye Tech. UG is in default with its deliveries or services, the contractual partner must set a reasonable period of grace (but at least 2 weeks). After expiry of this period, the contractual partner may withdraw from the contract. He can only demand compensation for the damage caused by default if Dragon Eye Tech. UG is guilty of intent or gross negligence. The same applies to the claim for damages instead of performance.
  2. Withdrawal is excluded if the contractual partner is solely or predominantly responsible for the circumstance which would entitle him to withdraw or if the circumstance for which Dragon Eye Tech. UG is not responsible occurs at a time at which the contractual partner is in default of acceptance.

VI. Transfer of risk and shipping

  1. The risk is transferred to the contractual partner when the goods are handed over, this also applies if partial deliveries are made or further services such as installation etc. are owed by Dragon Eye Tech. UG.
  2. If the dispatch of deliveries has been agreed, Dragon Eye Tech. UG is permitted to commission a forwarding agent with the dispatch. The costs of the dispatch are in any case borne by the contractual partner.

VII. Retention of title

  1. The delivered goods shall remain the property of the aforementioned company until all claims of Dragon Eye Tech. UG against the contractual partner arising from the existing business relationship have been satisfied, even if payments are made for specially designated claims.

Dragon Eye Tech. UG commits itself to release the securities to which it is entitled at the request of the contractual partner to the extent that the total value of the securities exceeds the claim to be secured by 20%, insofar as this has not yet been settled.

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  1. The contractual partner has the obligation to keep the delivered goods in proper condition for the duration of the retention of title. In the event of seizures or other interventions by third parties, he must inform Dragon Eye Tech. UG immediately in writing.
  2. The contractual partner commits to provide Ger Detect with the information required to assert Dragon Eye Tech. UG’s rights arising from the reservation of title and to hand over all necessary documents without delay, i.e. at the latest within 3 days of the request to do so.
  3. Any sale or processing (conversion and/or combination with other items as well as installation in other items) of the delivered goods covered by the retention of title is not permitted. With regard to the consequences, the provisions of Clause VIII. Section 4 b) of these General Terms and Conditions.

VIII. Warranty (for Consumers)

  1. On the goods or other services delivered by Dragon Eye Tech. UG 2 year warranty is given for new goods and 1 year warranty is given for used goods or repair services.
  2. If the contractual partner discovers defects, he must assert these and must make the rejected goods available to Dragon Eye Tech. UG for inspection.
  3. The contractual partner is entitled to the delivery of a defect-free item or, in the case of a repair order, to a defect-free repair. If the delivered item is defective or if the repair has not been carried out properly, Dragon Eye Tech. UG shall initially have the right to rectify the defect.

In cases where the error cannot be eliminated, further attempts at elimination are unreasonable or the elimination of the error has failed completely, the warranty shall be governed by the statutory provisions.

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Further disposal attempts are unreasonable if two such attempts have failed. In this case, the error correction is considered to have failed.

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  1. The warranty obligation lapses completely if the error is causally related to the fact that
  1. the goods have been improperly handled or overstressed
  2. the delivered goods have been opened, converted or otherwise incorporated into items without a contractual agreement having been made with Dragon Eye Tech. UG for this purpose.
  3. All claims based on defects shall become statute-barred upon expiration of the warranty periods specified in Section 1.

For defects asserted within the warranty period, but not eliminated, the warranty will be extended until the defect has been eliminated. As long as the limitation period – related to this error – is inhibited. The hindrance ends 3 months after Dragon Eye Tech. UG has declared that the fault has been rectified or that a fault has not existed; at the earliest, however, with the expiry of the warranty periods mentioned in section 1. The relevant date shall be the date of dispatch of the aforementioned declaration.

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  1. In the case of new deliveries of goods, the periods stated in paragraph 1 shall begin to run anew. In the case of only a partial new delivery, however, this shall only apply to that part of the goods which has actually been redelivered.

IX. Liability

  1. The Dragon Eye Tech. UG is liable according to the legal regulations for damages – for whatever legal reason – if it, its legal representative or vicarious agent has culpably caused.
  2. The rights of the contractual partner from warranty according to section VIII. remain unaffected.
  3. The claims due to delay in delivery are conclusively regulated in Section V.
  4. The contractual partner is obliged to inform Dragon Eye Tech. UG in writing about damages and losses immediately, as far as there is the possibility that Dragon Eye Tech. UG has to pay for the damages or losses.
  5. A liability of the legal representative, of vicarious agents or employees of Dragon Eye Tech. UG is excluded, except in cases of intent and gross negligence, vis-à-vis the contractual partner.

X. Copyrights and Industrial Property Rights, Secrecy

1.The client is obliged to keep confidential for an indefinite period all information which becomes accessible in connection with the business relationship – irrespective of the conclusion of a contract – and which is designated as contractual or is recognisable as a business or trade secret under other circumstances, and to neither record nor pass it on nor exploit it – insofar as this is not necessary to achieve the purpose of the contract. Publications as well as verbal, pictorial and written representations are only permitted with the prior written consent and authorisation of Dragon Eye Tech. UG.If the goods are passed on, the contractual partner shall also ensure that the above obligations are met by the third party (in particular the third party buyer or new owner or owner).

2.The contractual partner is prohibited from opening the delivered goods without authorization. He is also prohibited from reproducing, copying or modifying the hardware and software supplied. The foregoing shall apply mutatis mutandis to protection against unauthorized access by third parties to the hardware and software as well as the documentation and manuals.

Copyright notices, serial numbers and other identifying features may under no circumstances be removed or altered.

XI. Contractual Penalty

  1. For each case of violation of the obligations in paragraph X. 1-2 of these Terms and Conditions, an immediately due contractual penalty is forfeited. The amount depends on the type and scope of the infringement.
  2. In cases of breach of the obligations arising from Section X. 1-2 of these General Terms and Conditions, this shall amount to 10% of the total order volume of the order to which the breach relates for each breach of contract – unless otherwise agreed below – as a minimum damage without proof. In cases of continuation of the relationship, the foregoing shall apply accordingly.
  3. A contractual penalty does not exclude the asserting of payment of damages. It is to be set off however against a corresponding requirement. A fixed contractual penalty is to be paid within 10 days. Decisive for the period beginning is the sending date of the fixing. The contractual partner shall be in default of payment upon expiry of the deadline. In this case, IV. 2. of these General Terms and Conditions applies accordingly.
  4. In the event of breaches of the obligations under Section X.2 sentence 2 of these General Terms and Conditions, the contractual penalty shall amount to 10 % of the average annual turnover (starting point: net annual turnover as per final or, in the event of failure to prepare provisional annual balance sheets for the previous year) in the sales area (country in which the buyer has his regular place of residence or business; example: Oregon = United States of America) as the minimum loss without proof.

XII. Final Clauses

  1. The application of the UN Sales Convention of 11.04.1980, valid from 01.01.1991, is expressly excluded.
  2. Insofar as mandatory statutory regulations do not expressly contradict this, the law of the Federal Republic of Germany shall apply exclusively.

XIII Severability Clause

  1. Should one or more of these general terms and conditions be invalid or incomplete, the validity of the remaining provisions shall not be affected. In such a case, the contracting parties undertake to jointly agree on a replacement provision which corresponds economically to the invalid contractual provision.

* All prices are net prices, plus applicable tax (VAT).