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General Terms and Conditions

1. Ambit
 
1.1 The delivery and services of the PULSA GmbH only occur at the following general terms and conditions and the terms of the appropriate valid specialized trade prize list, as long as there are no other written aggrements. The licenced conditions of the manufacturers which are annexed to the contact products are additionally refered to.

1.2 Other section specifications of the customer, modifications and additions of these general terms and conditions are only active, if they are approved by the PULSA GmbH. Verbal acceptances and subsidiary agreement require a written acknowlegdement by the PULSA GmbH.

1.3 These general terms and conditions are active for all
written and verbal contracts even without another advice by the PULSA GmbH.
 

2. Delivery and services

2.1 The offers by the PULSA GmbH are without engagement and commitment. A contact is only completed after a written confirmation by the PULSA GmbH, but at the latest by the acceptance of the delivery by the customer.

2.2 The PULSA GmbH has the right to deliver changed or adapted contract products to the customers order if the functionality is not affected.
 
2.3 The PULSA GmbH has the right of part-delivery and billing.
 
2.4 Agreed days of delivery are complyed if the contract products are gived over to the carrier before the day of delivery.
If the delivery of products ready for delivery delay because of reasons which cannot be represented by the PULSA GmbH they can be stocked at the expenses and danger of the customer.
 
2.5 The day of delivery is arraged by the PULSA GmbH with the estimated capability and shall be understood except unexpected circumstances happened at the PULSA GmbH or at the manufaturer, for example force majeure, national events, industrial actions of every description, sabotage, shortage of raw materials or unindepted delayed material shippings. Such events shift the day of delivery, even if they happen during an already incurred default. The customer can back out from the contract after sending a written adequate extension of time if the PULSA GmbH gets into a default with a delevery of more than four weeks.
If the delivery delay extends six weeks, the PULSA GmbH has the right to completely or partly back out from the contact.
 
2.6 Unless otherwise agreed the PULSA GmbH has the right to insure the products ready for shipping at the customers costs. This and a potential meeting of costs does not influence the transfer of perils.
 
2.7 Pictures from the products (for example in the Onlineshop) could vary from the original respectively products could be a part from the picutre.
 

3. Cancellation and adjustment of delvery dates
 
3.1 If the customer cancels shipping parts or a whole shipping arranges an adjustment of a delivery date with the PULSA GmbH, which he has to represent, the PULSA GmbH has the right to claim indemnity according to the list price of the order.

3.2 The agreement of adjustment of delivery dates has to be a written one. At an acceptance delay the PULSA GmbH additionally has the right of setting a new delivery date or withdrawing from the contract. Orders cannot be cancelled after the delivery.
 

4. Return/exchange
 
4.1 Exchange and return need a explicit acceptance by the PULSA GmbH. The customer has to bear the danger and the costs for delivery.
The PULSA GmbH has the right to bill a fee for restorage at 20% of the buying price, at least however € 25,00.Possible third party (manufacturer / distributor) fees and commitions are billed seperately.
Our costs and fees, which are connected to third party actions for us, for example delivery costs, are not repayable.

4.2 The according goods conditions have to be resellable. Consumable materials, software and accessories are excepted from retraction.

4.3 Possible claims for compenation are not included by the fee for restorage.
 

5. Decrease and transfer of perils
 
5.1 The customer has to check the shipping right after receipt if it is complete and right. If he does not inform the PULSA GmbH within 8 days the decrease is completed.
 
5.2 Unimportant defect that do not affect the products functionality do not authorize the customer of refusing the decrease.

5.3 The danger switches to the carrier, his agent or someone who is authorized by the PULSA GmbH with the supply of the shipping, at the latest with the very delivery to the customer. If the delivery delays or cancels without any fault made of the PULSA GmbH, a hint is send is send to the customer and the danger goes over to the customer. The terms from 4.3 are also effective at a reconsignment after repairing the deficiencies, respectively nongratuitous service.
 

6. Prize and payment practice
 
6.1 The prizes relating to the valid specialized trade prize list are FOB entrepot of the PULSA GmbH. Value added tax and other lawful dues as well as package, carriage, transport insurance and liquidation flat rate were, if not otherwise agreed, paid by the customer.
 
6.2 Unless otherwise agreed, bills has to be paid right after the bill preparation.
At exceeding the delivery dates the PULSA GmbH has the right of getting default interest of 5% due to the valid bank rate of the German Bundesbank without any further appeal. The right of assertion of any exceeding damage cause by delay remains intact.
 
6.3 The PULSA GmbH has the right to add customers payments to his existing debts even if he wants it different. if there are already arised some costs and interests by default the PULSA GmbH has the right of setting the payment firstly to the costs, then to the interests and then to the main effort.
 
6.4 A charging or a assertion of a lien due to a counterclaim that was not accepted and not legally established by us is excluded.
 
6.5 As far as the upper payment practices are not fullfilled without any justified reason the PULSA GmbH has the right to call deliveries cash down, advance or bail. All opened claims including these which the PULSA GmbH has taken exchange or has agreed to pay by installments, are payable at once.
 

7. Retention of title
 
7.1 The contract product belongs to the PULSA GmbH as long as all claims, including future ones of the contract and of the whole business connection have been fulfilled.
 
7.2 The customer has the precarius right to conditionally pass down the retention products in the proper business connection, but not for pledge or secutiry transfer of any kind. If a third party accesses to the retention product the customer has to inform the third party of the belongings to the PULSA GmbH and to immediatly inform the PULSA GmbH. If a customer resell the retention product he is resonsible for the third party of regarding the rights of the PULSA GmbH.
 
7.3 If the retention product associates or admix with the products of the PULSA GmbH, the PULSA GmbH gains pro-rata co-ownership propotional to the invoice value of the retention product to the other products. For the PULSA GmbH processing and development of the retention product takes place according to the Par. 950 BGB, without a bond by the PULSA GmbH. The PULSA GmbH gains co-ownership of the developed products according to the protrusive determinations.
 
7.4 If the customer financially colapses or get into default of payment, including other or future shipments or benefits, the PULSA GmbH has the right to claim the retention of title to the retention products and to enter the business premises of the customer and to acquire the retention products.
 
7.5 The assertion of the retention of title or the distraint of the delivery item by the PULSA GmbH are not considered as a avoidance of contract, as long as the customer is a dealer.
 
7.6 The customer assigns his accounts receiveables of the dissemination at the particular invoice value up-front to the order to the PULSA GmbH.
Due to the proper coruse of business the PULSA GmbH has the right of confiscating. The customer has to appoint his account receivables on the PULSA GmbH's demand. Due to the safety of its pecuniary claims, the PULSA GmbH anytime has the right to reveal this abandonment.
 
7.7 If the price of security transceeds the pecuniary claim of the PULSA GmbH with more than 20 %, the PULSA GmbH affranchise the exceeding security part on customers demand.
 
7.8 Products shipping for tests and presentations stay properties of the PULSA GmbH. They may only be used after a concrete agreement with the PULSA GmbH.
 
7.9 The software solutions provided from PULSA GmbH are under ownership from the respective manufacturers. With obtaining these software solutions, either free of charge or with costs, you accept the manufacturer's End User License Agreements (EULA).
 

8. Warranty
 
8.1 The PULSA GmbH warranties, that the contract products are not afflicted with defects including the missing of guaranteed quality. The developement of the contract products occur a necessary care. The parties are awake, that with the present state-of-the-art a complete software accuracy is impossible.
 
8.2 The PULSA GmbH warranties, that the contract products generally apply to the product informations and are operational in that context. The technical data and description in the product informations do not represent a feature for their own. A legal assurance of descriptions is only approved by a written acknowlegdement by the PULSA GmbH.
The PULSA GmbH does not safeguard a cooperation with the program functions to the customers demands.
 
8.3 The PULSA GmbH does not warranty defects or harms related to:
Abrasion / inappropriatly handling / handling with the wrong electricity or voltage, fire, lightning stroke, explosion or overvoltage due to the network / clamminess / wrong or defective program-, software and/or working-data and expendable items of any kind unless the customer can prove that these circumstances are not the origin of the blamed defect.
The warranty is also removed if serial numbers, classifications or other labels are removed or made unreadable.
 
8.4 These warranty claims against the PULSA GmbH starts with the shipping to the customer and prescribe in six months after shipping. They are not alienable. Independently the PULSA GmbH gives possible warranties made by the manufacturer over to the customer.
 
8.5 In case of a warranty the PULSA GmbH chooses between amendment and replacement. Replaced parts become properties of the PULSA GmbH. If the PULSA GmbH does not eleminate defects within an adequate and stipulated respite, the customer has the right to cancel the contract or to claim an adequate abatement of the purchase price.
 
8.6 In case of a touching up the PULSA GmbH takes over the labour costs. All other costs of the touching up, the additional replacement costs including the shipping costs of the replacement part are paid by the customer as long as these costs are propotional to the contract price.
 
8.7 If the check of a notice of defect reveals, that a warranty do not exist, the PULSA GmbH has the right to demand for an excuse for the expenses. The costs made by the check up and repair are calculated with the present service costs of the PULSA GmbH.
 
8.8 All other claims by the customer which are different to these claims are excluded as long as these claims do not reveal anything else.
 
8.9 In case of an occupied warranty or repair with costs and all type returns, the customer has to mind the developement code of the after-sale service and the according policy of the PULSA GmbH.
 

9. Industrial property rights and third party copyright
 
9.1 The PULSA GmbH does not liable for a non-violation of industrial property rights and third party copyrights by the contract products. The customer has to immediatly inform the PULSA GmbH of all claims about this case.
 
9.2 As long as the delivered products are developed and manufactured at a customers will, the customer has to release the PULSA GmbH from all claims made by third parties about the violation of industrial property rights and copyrights.
Possible legal charges has to be advanced adequately.
 

10. Liability
 
10.1 The liability of the PULSA GmbH is restricted on those predictable, typically occuring harms, whos accesses at the contract conclusion at the then case was not reasonably bargain with. The PULSA GmbH is not liable for secondary harms, consequential harms caused by a defect or loss of profit.
 
10.2 The liability of the PULSA GmbH for deliberate and wantonly negligent attitute including deliberate acts or gross negligence our sales representatives or assistance for culpable harms of life, body and health, for guaranteed quality as well as the commandments for the product-liability-law stays untouched from the afore mentioned limitation of liablity. 
 
10.3 The claims prescribe after six months after the shipping respectively after the provsion of the services.
 

11. Export and import licences
 
11.1 Products delivered by the PULSA GmbH and technical know-how are restricted for the use and destribution in the with the customer agreed country. The re-export of contract products, single or system-integrated way is subject to authorisation for the customer and is subject to the foreign trade and payments commandment of the Federal Republic of Germany respectively of the other with the customer agreed shipping country. The customer has to inform himself about the German appointment at the Bundesausfuhramt, 65760 Eschborn/Taunus, about the US-appointments at the US-Department of Commerce, D.C. 202300. Independent from the information of the customer about the very destination point of the delivered contract products, it stays the customers responsibility to gain the neccesary asseptance for the each foreign trade and payments agency where neccesary before he exports such products.
 
11.2 Any re-shipping of contract products by the customer to third parties, with or without knowledge of the PULSA GmbH requires the assignment of the export licence conditions. The customer is liable for the accordingly adherence of these conditions across from the PULSA GmbH.
 

12. EU-Purchases tax
 
12.1 As long as the customer has his domicile within the FRG, he is bound to the abidance of the each applicable arrangement in respect of the purchases tax of the European Union. The publication of the sales tax identification number to the PULSA GmbH without a very request belongs to this. The customer is bound to inform the PULSA GmbH on request about his attitude as contractor, about the use and the transport of the delivered products and about the statistical compulsory registration.
 
12.2 The customer is bound to replace any costs of the PULSA GmbH particularly an administrative charges arises from insufficient or incorrect informations from the customer about his purchases tax.
 
12.3 Any liability of the PULSA GmbH arised from the results of the customers informations about his purchases tax respectively about the relevant data hereunto is excluded as long as from the PULSA GmbH's view an intent or a gross carelessness is not available.
 

13. General terms
 
13.1 The customer is not authorised of conveying his contract claims.
 
13.2 Place of delivery and jurisdiction of distribution partners and companies in terms of Par. 14 BGB is Lübbecke. The PULSA GmbH is authorized to accuse the distribution partner and companies in terms of Par. 14 BGB at any other lawful jurisdiction.
 
13.3 The lawful terms of the Federal Republic of Germany are applyed to these general terms and conditions. The Einheitliche Kaufgesetz (EKG), the Einheitliche Einheitliche Vertragsabschlussgesetz (EAG) and the UN-agreement of Vienna about the international goods traffic (UNCITRAL) are excluded..
 
13.4 The order processing occurs within the PULSA GmbH with help from an automatical data handling. The customer herewith accords his acceptance to the processing of the data within the contract line by the PULSA GmbH.
 
13.5 The PULSA GmbH has the right to send advertisisement via mail or fax until the customer disagrees.
 
13.6 If one or more appointments of these general terms and conditions become effectless, or this wording contains an arrangement gap, the contact partners ammends or replaces the inaffective arrangement with an adequate one, which accords to the commercial aim of the volitional arrangement.
 
The validity of the rest of the arrangements stays unaffected.

Our prifacy notice can be obtained at http://www.pulsa.de/content/gb/Privacy-Notice.html.

 

Last change: Espelkamp, 26th March 2014


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