Terms & Conditions


Standard Terms & Conditions for supplying hardware, revised 1 January 2009

(below just named NetCat SYSTEMS)

Adress:
NetCat SYSTEMS GmbH
Weißdornweg 24
59174 Kamen
Germany
Local court: Amtsgericht Kamen, HRA 726
Tax number: 322 / 5722 / 1364
VAT number: DE 815100221

1.   Scope of Application

  1. NetCat SYSTEMS performs and delivers on the basis of these Terms & Conditions.
  2. Agreements reached individually remain unaffected by the following
    Terms & Conditions.

2.   Delivery Period, Part-Deliveries

  1. If an agreed delivery deadline is not met or if delivery is delayed due to force majeure, labor disputes, fire, unforeseen obstacles and or any other circumstances beyond NetCat SYSTEMS’ control, then the delivery period shall be extended for the duration of such circumstances. This applies accordingly in the event that NetCat SYSTEMS is already in default with the delivery when any of said circumstances occurs.
  2. In the event that performance is obstructed within the meaning of Item 1.1 for more than one month, NetCat SYSTEMS and the Customer shall be entitled to withdraw from the contract with regard to the delivery that is delayed. If a delivery deadline fails to be met for any reason other than those named in Item 1.1 above, then the right of withdrawal shall apply for the Customer only. Withdrawal by the Customer shall be contingent upon it having granted NetCat SYSTEMS a reasonable period of grace of at least 2 weeks along with a warning that it may turn down performance.
  3. NetCat SYSTEMS is entitled to make part-deliveries.

3.   Delivery, Shipment, Risk

  1. Risk shall pass to the Customer when the goods are handed over to the carrier. This also applies if part-deliveries are made or if NetCat SYSTEMS has agreed to render additional performance, e.g. assume transport costs or effect carriage itself.
  2. On handing over the goods to the carrier, NetCat SYSTEMS shall be released from its obligation to perform. The goods are transported at the Customer’s risk and for the Customer’s account, unless some other arrangements are agreed in writing beforehand by and between NetCat SYSTEMS and the Customer.
  3. NetCat SYSTEMS shall determine the carrier, excluding any liability for selecting the cheapest and quickest mode of dispatch.
  4. If the Customer defaults in accepting delivery, NetCat SYSTEMS shall be entitled to demand any losses thus sustained, whereby the Customer reserves the right to furnish proof that the losses are lower.
  5. The goods are insured by the respective carrier.

4.   Contract Closure

  1. NetCat SYSTEMS’ quotations are without obligation at all times. A contract is not brought about until NetCat SYSTEMS either issues a confirmation of order or effects delivery. The Customer shall be bound by its placement of order.
  2. All prices quoted include all taxes and any other price components. Depending on arrangements made, any extra costs incurred for delivery and shipment are charged to the Customer.

5.   Revocation Right

  1. Consumers have a revocation right in accordance with Civil Code, Sect. 355. The period allowed for revocation commences on the date on which the Customer is given clear written instructions on its revocation right, which are provided in keeping with the requirements of the means of communication used (e.g. in writing, by fax or by email). The period allowed for revocation is two weeks. Reasons must be given if revocation is declared. In order to meet the deadline, it suffices to send the written revocation or to return the goods to NetCat SYSTEMS’ address that is given, or alternatively to return the goods to another address indicated by NetCat SYSTEMS on the delivery note. The right of revocation does not apply to consumers who order goods in a commercial or self-employed capacity.
  2. The Customer must pay the cost of returning the goods if the goods delivered are those ordered and if the price of the goods sent back is less than EUR 40, or – if the price is higher – if the Customer has not yet rendered the counter-performance due or not yet effected a contractually agreed part-payment by the date on which revocation is declared.
  3. In the event of revocation effectively being declared, any reciprocal performance already received must be returned. The Customer must pay compensation for any loss in value caused by putting the goods to their designated use, unless such loss in value is exclusively caused by testing the goods. With a view to avoiding any impairment to the goods when putting them to their designated use, we recommend having individual components installed in computer systems by authorized specialists only.
  4. This revocation right does not apply to goods that are made or ordered to the Customer’s specifications, or that are clearly designed to fit the Customer’s own personal requirements, or that cannot be sent back in view of their nature. The same applies to products and special orders of goods that are not included in our main product portfolio.


6.   Cancellations, Subsequent Warehousing Costs

  1. Cancellations may only be made with NetCat SYSTEMS’ express written permission. On returning any goods already delivered, the Customer must always pay all the packing, shipment and transport costs incurred.
  2. In the event of a cancellation, we are entitled to charge the Customer 20% of the invoiced value to compensate for the cost of testing and subsequent warehousing that is incurred. Pursuant to Civil Code, Sect. 357 (1) and (2), subsequent warehousing costs do not apply when consumer and distance contracts are revoked
  3. Orders may not be cancelled if the goods are made or ordered to the Customer’s specifications, or are clearly designed to fit the Customer’s own personal requirements, or cannot be sent back in view of their nature. The same applies to products and to special orders of goods that are not included in our
    main product portfolio.
  4. Goods are sent back at the Customer’s risk.

7.   Returns, RMA

  1. If goods are sent back for repairs or under a guarantee or for replacement due to an error on the part of the supplier, an RMA number (Return Merchandise Authorization) must be requested before the return consignment is dispatched. An RMA number can only be obtained by sending a written request by post, by telefax (+49 2307 9610199) or by email ( HYPERLINK "mailto:rma@netcatsystems.de" rma@netcatsystems.de), quoting the order number, our confirmation reference and the customer ID, and specifying the extent of the return consignment. The RMA number must be affixed to the package such that it is easily visible. We will not accept packages dispatched freight collect or packages without a visible RMA number.
  2. The return must be dispatched along with all the accessories, if possible using the original packaging or equivalent. Goods sent back in the original packaging may not have labels stuck or written on them, nor may they be damaged in any other manner. The return consignment must also enclose a copy of the RMA form duly filled in.
  3. If a return is due to an error on the supplier’s part, then NetCat SYSTEMS shall arrange for the goods to be collected. Collection may be requested by phone (+49 2307 96100) or by email ( HYPERLINK "mailto:info@netcatsystems.de" info@netcatsystems.de). We will not accept packages dispatched carriage unpaid. Postage costs (normal consignment by post or parcel service) shall be refunded. After the return has been processed, the Customer is given a credit note for the full value of the goods without any deduction.
  4. If no error has been made by the supplier, if no repairs are required and if no claim under a guarantee applies, then there is no legal basis obliging us to comply with a return request. If no legal obligation is created, a return request will only be granted in writing in exceptional cases. In any such exceptional case, the goods must be returned immediately once we have issued written permission, along with all the accessories; they must be sent back to NetCat SYSTEMS carriage paid within 7 days, if possible in the original packaging or equivalent. After the return consignment has been processed, the Customer will be given a credit note for the invoiced value of the goods minus 20% to compensate for subsequent warehousing costs. Consignment costs will not be credited. As a matter of principle, goods and products are excluded here that are made or ordered to the Customer’s specifications, or that are clearly designed to fit the Customer’s own personal requirements, or that cannot be sent back in view of their nature. The same applies to products and special orders of goods that are not included in our main product portfolio.

8.   Guarantee, Inspection Duties, Defects

  1. To the extent of the following provisions, NetCat SYSTEMS guarantees throughout the statutory guarantee period that its goods and services are devoid of defects within the meaning of legislation on guarantees.
  2. Obvious defects or wrong quantities must be reported in writing at the latest 7 days after receipt of the delivery and before the goods are used, giving a precise description of the defect. This also applies in the event that the goods are handed over to a third party named by the Customer and not to the Customer directly, or that the Customer itself passes on the goods. A requirement in commercial operations is that a business customer must have duly performed its obligations to inspect the goods and report defects pursuant to Commercial Code, Sect. 377 and 378.
  3. The guarantee does not cover defects and damage that result from the fact that the Customer has failed to comply with the instructions for installation, hard- and software environment, usage, and conditions for use, unless the Customer proves that such circumstances are not the cause of the defect at the centre of the complaint.
  4. If the goods or services delivered are defective, NetCat SYSTEMS shall decide whether the defect is to be remedied or a substitute delivery is to be made. In order to prevent any loss of data when the goods are repaired or in the event of an error occurring, we recommend making data backups at regular intervals, because liability for such consequential damage is excluded. This exclusion of liability does not apply to intent or gross negligence. If either remedying the defect or making a substitute delivery (post-performance) can only be done at a disproportionately high cost to NetCat SYSTEMS, then the Customer’s entitlement shall be limited to the cheaper form of post-performance.
  5. For processing purposes, the following must be enclosed with the goods that are sent back: a copy of the invoice / delivery note; the duly filled in RMA form that the Customer has obtained beforehand from NetCat SYSTEMS; and a detailed description of the error.
  6. The goods at the centre of the complaint must be duly returned in their entirety to NetCat SYSTEMS by the Customer, including all the parts and accessories delivered, if possible using the original packaging or equivalent. No liability can be assumed for damage caused due to inappropriate packaging by the Customer.
  7. If it is found that they are due to intent or gross negligence, guarantee claims lacking justification shall only be processed subject to the Customer subsequently paying for our time and costs. In any such cases, NetCat SYSTEMS reserves the right to pass on any flat-rate costs charged by its own suppliers.
  8. Devices not bought from NetCat SYSTEMS shall be sent back unrepaired, along with an invoice for our time and costs.
  9. Repairs outside the guarantee period are only made at cost.

 


9.   Reservation of Title

  1. NetCat SYSTEMS reserves title to the goods delivered until payment has been
    made in full.
  2. Up to the amount invoiced for the reserved goods, the Customer here and now assigns to NetCat SYSTEMS its own receivables and claims to payment (e.g. based on tort, insurance benefits) with regard to the reserved goods.
  3. Prior written permission from NetCat SYSTEMS is required before the Customer may re-sell, pledge, hire out, export or assign the reserved goods by way of security.

10.  Payment, Default in Payment

  1. Goods are supplied and delivered in accordance with the terms of delivery and payment arranged in advance. Payments must be remitted free of charges to NetCat SYSTEMS’ bank account specified on the invoice. NetCat SYSTEMS is entitled to also instruct third parties to collect cash on delivery.
  2. In commercial transactions, the buyer’s right of retention and right to refuse performance are excluded, except where counterclaims are involved that are undisputed or have been declared res judicata by a court of law.

11.  Liability, Limitation of Liability

  1. NetCat SYSTEMS shall be liable for any losses or damage caused by a breach of its cardinal duties. In all other respects, its liability shall only apply in cases of intent or gross negligence.
  2. If and insofar as NetCat SYSTEMS’ liability is excluded, this shall also apply to the personal liability of its employees, workers, staff,
    representatives and vicarious agents.

12.  Place of Performance, Venue

  1. Place of performance for all and any claims arising from the contractual relationship between the Customer and NetCat SYSTEMS shall be the location of NetCat SYSTEMS’ registered place of business.
  2. If the Customer is a registered merchant, a public corporation or a government agency managing public assets, then the location of NetCat SYSTEMS’ registered place of business shall be sole venue for all and any disputes arising directly or indirectly from the contractual relationship.

13.  Software, Literature

For deliveries of software or literature, the respective manufacturer’s special license and other terms shall apply in addition to the above Standard Terms & Conditions. On accepting such goods, the application of said terms is expressly recognized.

14.  Governing Law, Data Protection, Validity

  1. German law applies, excluding CISG
  2. NetCat SYSTEMS is entitled to store and process any data provided to it by the Customer. Any request for such data to be deleted must be filed in writing. NetCat SYSTEMS is entitled to disclose customer data contained in the contractual documents or that is needed for performing the contract to third parties, in particular banking institutions and contractual partners, insofar as is expedient for handling the assignment. NetCat SYSTEMS complies with data protection regulations
    in force at the time.
  3. If any one or more of these terms is invalid, this shall not affect the validity of the remaining terms.


Download the General Terms & Conditions as a PDF document (in English)