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General Terms and conditions

 
General Terms And Conditions

General Terms and Conditions

  1. GENERAL

    2. The following provisions apply to all sales, deliveries and performances, provided these have not been amended or excluded with the express approval of the Seller. The General Terms and Conditions of the Buyer will still not become binding, even if the Seller does not expressly contradict them once more. These General Terms and Conditions also apply to all future transactions, provided that the Seller is in an on-going business relationship with the Buyer.

  2. OFFER

    3. Our offers are always subject to confirmation. Therefore, our offers and other agreements will then only become binding, if they are confirmed by us. We supply also to the specialized trade companys, like DJs (disc jockey), video bars, record shops, retailer, content partner and franchise partners. But DANCE ALL DAY places different technical software of systems and software technical solutions (in the following: "software of programs and applications" mentioned) all kind for the order e.g. franchise Admin, news type character software, coupon of systems, software interfaces, statistics, software of programs and all other software applications, in addition, different electronic data records and data bases e.g. calculations, item stock, novelties files, arrears, calculations and different archives (in the following: "software of programs and applications" mentioned) DANCE ALL DAY makes the software available of programs and applications without acceptance of a right obligation, specified above, liable to pay the costs or also free of charge. DANCE ALL DAY is not responsible for correctness and completeness of the software of programs and applications. DANCE ALL DAY is to be changed at any time justified without data of reasons all kinds of software of programs and applications and all similar provided programs without announcement to extend or whole programs or excerpts and/or divides or excerpts from it to delete or whole programs and applications without data of reasons completely to stop. Claims for damages because of injury our contractual, before-contractual or legal obligations, are impossible both against us and against our fulfilment and/or performing assistants.

  3. DELIVERY

    4. If the Seller is not in a position to entirely or partially fulfil the contract on time, the following applies:

    • If the delivery cannot be made due to circumstances beyond the Seller's control, in particular, if his or her supplier is unable to deliver and this situation only becomes apparent to the Seller after a contract has been concluded with the Buyer, the Seller is entitled to make a part delivery and the Buyer is obliged to make a part payment relative to the purchase price. In this case, the delivery period for the missing part of the delivery will be extended, also appropriate to the Seller's delay in performance. This also applies in the case of a force majeure and all unanticipated obstacles that may have arisen after the conclusion of the contract that are beyond the reasonable control of the Seller, inasmuch as it can be proved that said obstacles can have such a considerable influence on the delivery of the purchased object.
    • 6 weeks after a non-binding delivery date or period has been exceeded, the Buyer may demand in writing that the Seller deliver within a reasonable period of time. With this reminder, the Seller is in default.
    • If the Buyer is a trader, claims for damages due to non-delivery or late delivery are ruled out, provided that the Seller is not responsible for grossly negligent or intentional non-delivery or late delivery.
  4. PACKAGING & SHIPPING
    • Packaging is to normal trading standards. The Buyer bears the costs of packaging.
    • The seller is responsible for selecting the mode and means of dispatch. The Buyer bears the costs incurred. The Seller is entitled, but not obliged, to insure deliveries on behalf and on account of the Buyer.
  5. TRANSFER OF RISK

    6. The risk is passed to the ordering party, as soon as the goods have been given to the forwarding agent, or have left the warehouse for dispatch purposes. If dispatch becomes impossible without it being our fault, risk is passed with the notification of readiness for dispatch. This also applies where free delivery has been agreed. All returned goods are transported at the risk and expense of the ordering party.

  6. WARRANTY & NOTICE OF DEFECTS
    • Notices of defects are always to be put to the Seller in writing.
    • Should the goods be faulty or there has been a wrong delivery or deviation in quantity, the Buyer is to inform the Seller of this in writing within a week, provided that this refers to an obvious fault. So-called "hidden defects ", that is, defects that cannot be ascertained immediately, are to be reported to the Seller on their discovery without delay. The Buyer has no right to claims due to defects, wrong delivery or deviation in quantity, if the notice of defects occurs belatedly or is not stated in writing. The delivery date of the goods and the receipt of the notice of defects are crucial to calculating a time limit. 3. In the case of a justified notice of defects, the Seller is first entitled to rectify defects or make a replacement delivery, as he sees fit. If the rectification of defects or replacement delivery fails, the Buyer has the right to demand a reduction in the price or cancellation of the contract.
  7. COMPLAINTS & RETURNED GOODS

    8. Complaints may only be taken into account within 7 days of the date of the invoice. Return consignments are generally only accepted, if written permission has been given for this. All returned goods are to be sent back free of charge. The Seller reserves the right to deduct a 10% handling margin of the net purchase for managing the entire return consignment. The goods have to be in a re- saleable condition. Credit for individual return consignments are exclusively added to or set off against subsequent deliveries only. A payment of credits is not possible.

  8. RETENTION OF TITLE
    • The supplied goods remain the property of the Seller until the complete settlement of all accounts receivable arising from the business relations between Seller and the Buyer has been made. The Buyer has the right to sell on the goods in a proper transaction. In this case, the Buyer henceforth assigns all accounts receivable including all ancillary rights to the Seller to the value of the retained goods (purchase price) that the former accrues from the re-sale to the customer or third party. The Seller accepts this assignment. The Buyer retains his authority up to the collection of the sum due, provided that he fulfils his payment obligations to the Seller. The latter may demand information from the Buyer at any point concerning the assigned debts and their debtors, in particular, the issuing of delivery notes, invoices and contracts, etc.
    • In the case of important contractual obligations being violated, in particular, the Buyer being in arrears with payment, the Seller, following a prior written reminder, is entitled to take back the retained goods and the Buyer is obliged to deliver them. The retrieval of goods does not represent a withdrawal from the contract, unless the Seller communicates this to the Buyer in writing. Other rights of the Seller remain unaffected.
    • The Buyer is to inform the Seller immediately and in writing of enforcement procedures, particularly the seizure of goods still in the possession of or part-owned by the Seller or receivables assigned to him or her in advance.
    • If the value of the securities exceeds the accounts receivable of the Seller by more than 20%, the Seller will release securities or re-assign them on the Buyer's request, as he sees fit.
  9. PRICES AND PAYMENT
    • The prices are always plus respective valid rates of Value Added Tax.
    • Provided that it is not otherwise agreed, the full purchase price is payable immediately on being invoiced, without any deductions. A payment is considered to be settled only after the sum has become available to the Seller; in the case of payment by bank transfer or cheque, only after the invoiced amount has been accredited to the Seller's account.
    • The Buyer is only entitled to set-off or exercise a right of retention, if the asserted counterclaims have been put forward in a legal form or have been acknowledged in writing by the Seller.
  10. LIABILITY & CLAIMS FOR DAMAGES
    • Liability for the Seller's own debts or those of one of the Seller's vicarious agents shall be restricted to intent and gross negligence. This does not apply in the case of damage to life and limb and health.
    • Claims for damages resulting from faults with the contract concluded, the violation of contractual ancillary obligations and unapproved acts are ruled out, unless they are based on intent, gross negligence on the part of the Seller or one of the Seller's vicarious agents. This liability limitation applies to the Buyer accordingly.
  11. SEVERABILITY CLAUSE

    12. Should a provision of these Terms and Conditions be or become partially or completely invalid, the validity of all other provisions will remain unaffected. The invalid provision will be replaced retroactively by a regulation that best emulates the economic purpose of said invalid provision.

  12. APPLICABLE LAW

    13. The laws of the Federal Republic of Germany apply.