Terms of service
framework for a contract with us
General, scope
The following terms and conditions (conditions of sale and repair) represent the exclusive basis for all legal relationships between scopeREPAIR GmbH, managing director: Maik Nissen (hereinafter referred to as “scopeREPAIR”), and their contractual partners (hereinafter referred to as “customer”).
Customers within the meaning of these terms and conditions are exclusively entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law.
The version valid at the time the contract is concluded is decisive of these terms and conditions. This can be accessed free of charge at “www.scoperepair.de” in a storable and printable version.
Conflicting, deviating or additional general terms and conditions of the customer only apply if scopeREPAIR expressly agrees to them in writing.
Placing an order / conclusion of the contract
Every order placed by the customer – also via the Internet – or the delivery of a device to be repaired by him represents a binding offer. The delivery is at your own risk and Invoice from the customer at scopeREPAIR’s place of business. scopeREPAIR can choose to accept the offer within 10 working days by sending an order confirmation or by sending the device back to the customer for repair repaired or by sending the ordered goods within this period.
Offers are made by scopeREPAIR subject to change, unless expressly stated otherwise in writing.
The documents pertaining to this when a contract is concluded, such as images, drawings, details of weight and dimensions as well as the information in publications by scopeREPAIR are only authoritative if they are expressly designated as binding. Description of properties, for example in the context of preliminary discussions, brochures or advertisements as well as information contained on the Internet, do not constitute a guarantee of quality or durability without an express and binding commitment by scopeREPAIR.
Repair orders
By submitting a device to be repaired, the customer agrees to the creation of a cost estimate by scopeREPAIR for the repair. For this, scopeREPAIR assumes a workload of at least 1.5 working hours, which will be billed separately if the repair is not carried out plus any shipping costs.
If scopeREPAIR decides to prepare a cost estimate in accordance with Section 3, Paragraph 1 above, before carrying out the repair , the customer can finally decide on the basis of the cost estimate whether he wishes to have the device repaired. The cost estimate is binding for scopeREPAIR for 10 working days.
If the customer does not place an express repair order within the 10 working days in accordance with § 3 Paragraph 2, scopeREPAIR will not carry out a repair, return the device to the customer unrepaired and carry out the billing according to § 3 Paragraph 1.
If a repair cannot be carried out at the estimated costs or if scopeREPAIR considers additional work to be necessary after the start of the repair, the customer’s consent must be obtained if the previously estimated or agreed costs are exceeded by more than 10%.
Rental of replacement devices
If a customer orders a replacement device, scopeREPAIR will, even in the event of a repair order not being made, charge a rental fee of € 60.00 per calendar day from the day of shipment to the customer.
Prices
All prices are in euros and plus the respective statutory value added tax.
Unless otherwise expressly agreed in writing, the prices apply from scopeREPAIR’s place of business and thus plus the applicable packaging and transport costs. The transport costs include transport insurance up to a value of EUR 500.00. Any additional transport insurance will only be taken out at the express and written request of the customer. The additional costs associated with this will be billed to the customer.
The invoices from scopeREPAIR are due for payment immediately without deduction.
scopeREPAIR is entitled to request a reasonable advance payment upon conclusion of the contract.
If scopeREPAIR receives knowledge of insufficient financial circumstances of the customer for the execution of the contract before accepting the offer of a customer according to § 2 Paragraph 1, scopeREPAIR reserves the right to deliver only against cash on delivery (immediate payment on delivery) or full prepayment (immediate payment before delivery).
The customer is only entitled to set-off rights with claims that are undisputed by scopeREPAIR or that have been legally established against scopeREPAIR. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
Transfer of risk, delivery
scopeREPAIR is entitled to make partial deliveries to a reasonable extent.
Delivery by scopeREPAIR takes place from their place of business.
The dispatch of the goods and the repair devices is at risk (loss, deterioration, delay) of the customer. This also applies if, as an exception, carriage paid shipping has been agreed with the customer. If the dispatch is delayed due to circumstances beyond scopeREPAIR’s control, the risk is transferred to the customer at the time of notification of readiness for dispatch.
The customer is fully liable for any damage and additional expenses resulting from a possible delay in acceptance and other , culpably violated duty to cooperate.
Delivery times and dates are non-binding unless they have been expressly confirmed as binding by scopeREPAIR in the written order confirmation. If scopeREPAIR cannot meet a delivery deadline or a delivery date for reasons beyond its control (e.g. in cases of force majeure, official measures, events through no fault of its own such as strikes, lockouts, pandemics, lack of self-delivery by suppliers, etc.), scopeREPAIR will notify the customer immediately inform and determine a new delivery period or an appropriate new delivery date that is reasonable in the circumstances. The customer can request scopeREPAIR to deliver 6 weeks after a non-binding delivery period or a non-binding delivery date has been exceeded, setting a reasonable grace period. When the grace period expires, scopeREPAIR is in default of delivery. scopeREPAIR is also not responsible for the circumstances described if they arise during a grace period set by the customer or an already existing delay.
If the customer is entitled to compensation for damage caused by delay, this is limited in the case of slight negligence on the part of scopeREPAIR to 0.5% for each full week of delay, but no more than 5% of the price (excluding VAT) for the part of the delivery and / or performance in respect of which there is a delay. Furthermore, the customer has the right to withdraw from the contract after the set deadline. In the event of his withdrawal, the customer will be reimbursed any payments already made. In the event of slight negligence, the customer cannot demand compensation instead of performance from scopeREPAIR.
Retention of title, lien
scopeREPAIR reserves this Ownership of goods delivered on the basis of a sales contract until all claims from the business relationship with the customer have been paid in full. In the case of a current account, the reserved property serves as security for the balance claim by scopeREPAIR.
As long as the customer is not in default of payment towards scopeREPAIR or any other significant deterioration in his financial situation or his credit unworthiness occurs, he may own the property of sell scopeREPAIR reserved goods in the normal course of business under normal conditions. To secure all claims of scopeREPAIR from the business relationship with the customer, the customer already now assigns to scopeREPAIR all claims in the amount of the final invoice amount (including VAT) that arise from the resale to its customers or third parties. ScopeREPAIR accepts this assignment. The customer is authorized to collect these claims even after they have been assigned. scopeREPAIR’s authority to collect the claims itself remains unaffected by this; however, scopeREPAIR undertakes not to collect the claims as long as the customer is not in default of payment or any other significant deterioration in his financial situation or his creditworthiness does not occur. Otherwise, scopeREPAIR can, in these cases, demand that the customer disclose the claims assigned to scopeREPAIR and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.
The customer is prohibited from pledging, transferring by way of security or other dispositions of the reserved goods.
The customer must notify scopeREPAIR in writing of any third-party access to the reserved goods. The customer is liable for all costs incurred for the cancellation of such access, in particular by filing a third party objection action, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
scopeREPAIR undertakes to choose at its own discretion The customer’s request to release the securities to which it is entitled insofar as their value exceeds the claims to be secured by more than 20%.
scopeREPAIR retains the right of lien on the device delivered on the basis of a repair order until all claims have been paid in full from the business relationship with the customer.
Warranty
In the context of sales contracts, warranty claims of the customer require that he comply with his statutory inspection and complaint obligations according to § 377 HGB.
With regard to the type, scope and condition of the goods, only the information given in the order confirmation is applicable en decisive. Other public statements by scopeREPAIR are irrelevant for the agreed quality of the goods. Subjective color impressions during endoscopy on a video camera system / video endoscope do not represent a defect. The spare parts used by scopeREPAIR are matched to the respective device types and their function, even if these are not exclusively original spare parts from the device manufacturer. Their use therefore does not constitute a defect either.
For defects recognized by scopeREPAIR, scopeREPAIR provides supplementary performance at its own discretion by removing the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). scopeREPAIR’s statutory right of refusal remains unaffected.
If a total of three subsequent improvements or replacement deliveries fail, the customer can withdraw from the contract or demand a reduction in the purchase price / remuneration and, if there is a contract for work, remove the defect himself and demand reimbursement of the necessary expenses. The obligation to notify in accordance with § 8 Paragraph 1 remains in the case of purchase contracts for goods in the event that the subsequent performance fails.
For the parts installed to remedy the defect, the customer can assert warranty claims on the basis of the purchase contract for the goods or the work contract for the repair device until the expiry of the warranty period. A new start of the limitation period is not associated with the implementation of a warranty measure for the goods or the repair device.
Replaced parts become the property of scopeREPAIR.
The warranty period is twelve months from delivery of the object of purchase or six months from acceptance of the repair device. The warranty for components that were renewed as part of the repair of optical systems is excluded. The shortening of the limitation period does not apply to the following claims according to § 9.
Liability
scopeREPAIR is only liable for damages – regardless of the legal reason – in the event of willful intent and gross negligence. However, ScopeREPAIR is also liable in the event of simple negligence for damage resulting from
injury to life, body or health;
the breach of an essential contractual obligation; in this case, however, scopeREPAIR’s liability is limited to the replacement of the foreseeable, typically occurring damage.
The above limitations of liability do not apply if scopeREPAIR has fraudulently concealed a defect or has assumed a guarantee. The same applies to customer claims under the Product Liability Act
Insofar as scopeREPAIR’s liability is excluded or limited, this also applies to the liability of its legal representatives, employees and vicarious agents.
General, place of fulfillment, place of jurisdiction, applicable law
The above provisions fully reflect the agreements made. There are no side agreements. Changes and additions must be in writing. This also applies to changes to this written form requirement.
Should individual provisions be or become wholly or partially void or ineffective, this shall not affect the validity of the remaining provisions. Statutory law (Section 306 (2) BGB) replaces provisions that are not included in the contract or are ineffective. If such statutory law is not available for the respective case (loophole) or would lead to an intolerable result, the parties will enter into negotiations to replace the non-included or ineffective provision with an effective provision that comes as close as possible economically to it. Both parties undertake to make the necessary declarations of intent.
The place of performance for all contractual obligations is Schwarzenbek.
The place of jurisdiction for merchants, legal entities under public law or special funds under public law is Hamburg. If a legal dispute falls within the jurisdiction of the local courts, the jurisdiction of the Hamburg-Mitte district court is agreed.
The law of the Federal Republic of Germany applies to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Sales law.
Status: January 2023
