Terms of Service
Deliveries from Autodigitools.com are made exclusively in accordance with the following General Terms and Conditions and the provisions in the applicable price list, unless otherwise agreed in writing. Additional reference is made to the manufacturer’s license conditions attached to the specialist retail products. Different terms and conditions of the customer are only effective if they have been confirmed in writing by Autodigitools .com. The same applies to changes and additions to these General Terms and Conditions. Oral promises and subsidiary agreements require written confirmation from Autodigitools.com.
2. Deliveries and services
2.1 The offers of Autodigitools .com are subject to change and non-binding.
2.2 Autodigitools .com is entitled to deliver modified and adapted contractual products that differ from the customer’s order, provided their functionality is not impaired.
2.3 Autodigitools .com expressly reserves the right to partial deliveries and their invoicing.
2.4 Agreed delivery dates are deemed to have been met if the contractual product has been handed over to the carrier on the agreed delivery date. If the dispatch of goods ready for dispatch is delayed for reasons for which Autodigitools .com is not responsible, the contractual products can be loaded at the customer’s expense and risk.
2.5 The delivery date is agreed according to Autodigitools.com’s expected performance and is subject to unforeseen circumstances and obstacles, regardless of whether they occur at Autodigitools.com or at the manufacturer, such as force majeure, government measures, failure to issue official permits, labor disputes Art, sabotage, lack of raw materials, late delivery of material through no fault of one’s own. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. If Autodigitools.com is more than four weeks late with a delivery, the customer can withdraw from the contract after a reasonable grace period set in writing to the exclusion of claims.
2.6 Unless otherwise agreed, Autodigitools.com is entitled, but not obliged, to insure the goods to be shipped against transport risks of all kinds at the customer’s expense. This and any assumption of transport costs has no influence on the transfer of risk.
3. Cancellation and Postponement of Delivery Dates
3.1 If the customer cancels orders in whole or in part or agrees to postpone delivery dates with Autodigitools.com for which he is responsible, Autodigitools.com can claim damages corresponding to the list price of the order without separate proof.
3.2 The agreement on the postponement of delivery dates must be in writing. If acceptance is delayed, Autodigitools.com has the right, in addition to the payment claim, to set a new delivery date or to withdraw from the contract. Orders cannot be canceled after delivery.
4. Acceptance and transfer of risk
4.1 The customer must check the goods for completeness and damage immediately upon receipt. If a complaint is not made within a period of 8 days after receipt of the delivery, acceptance is deemed to have taken place.
4.2 Insignificant defects that do not impair the functionality of the delivery item do not entitle the customer to refuse acceptance.
4.3 The risk passes to the customer when the contractual product is handed over to the carrier, his agent or other persons named by Autodigitools.com, but at the latest when the contractual product is handed over to the customer or his agent. If shipping is delayed or becomes impossible through no fault of Autodigitools.com, the risk passes to the customer upon notification of readiness for shipping.
5. Prices and terms of payment
5.1 The prices resulting from the currently valid price list are FOB distribution warehouse, value added tax and other statutory charges in the country of delivery as well as packaging, transport costs and transport insurance will be charged to the customer according to the price list.
5.2 Payments are due immediately after invoicing without any deductions on the said payment date. Invoicing takes place upon delivery. Bills of exchange and checks are only accepted after special agreement and free of charge and expenses for Autodigitools.com. If the payment dates are exceeded, Autodigitools.com is entitled to interest on arrears at a rate of 5% above the applicable discount rate of the Deutsche Bundesbank without further reminders. The right to assert further damage caused by delay remains unaffected.
5.3 DigiTools24.com is entitled, despite the customer’s provisions to the contrary, to initially offset payments against his old debts. If costs and interest have already arisen as a result of default, DigiTools24.com is entitled to offset the payment first against the costs, then against the interest and finally against the main service.
5.4 Offsetting or the assertion of a right of retention due to counterclaims that we have not recognized or not identified in good time is excluded.
5.5 If circumstances or information indicate that the customer’s economic situation is poor, DigiTools24.com can at any time optionally demand deliveries step by step against cash payment, advance payment or security. All outstanding claims, including those for which DigiTools24.com has accepted bills of exchange or for which installment payments have been agreed, are due immediately.
6. Retention of Title
6.1 The contractual product remains the property of Autodigitools.com until all claims, including future claims, arising from this contract and beyond the entire business relationship with the customer have been fulfilled.
6.2 The customer is entitled to pass on the goods in the ordinary course of business subject to retention of title, but not to pledge or transfer them as security in any form. If third parties access the reserved goods, the customer must point out Autodigitools.com’s ownership and inform Autodigitools.com immediately. In the event of resale to third parties, the customer is responsible for ensuring that the third party takes the rights of Autodigitools.com into account.
6.3 If the goods subject to retention of title are combined or mixed with goods belonging to Autodigitools.com, Autodigitools.com acquires co-ownership in proportion to the invoice value of the goods subject to retention of title to the remaining goods. Treatment and processing of the reserved goods are carried out for Autodigitools.com as manufacturer iSd 950 BGB, without obliging Autodigitools.com. Autodigitools.com acquires joint ownership of the processed goods within the meaning of the above provisions.
6.4 In the event of a default in payment, also for other and future deliveries or services from Autodigitools.com to customers, or in the event of financial collapse of the customer, Autodigitools.com may enter the customer’s business premises to assert the retention of title to the reserved goods and take the reserved goods.
6.5 The assertion of the retention of title or the seizure of the delivery item by Autodigitools.com does not count as withdrawal from the contract if the customer is a merchant.
6.6 The customer assigns his claims from the transfer of the reserved goods in the respective invoice value of the reserved goods to Autodigitools.com in advance at the time of the order. Autodigitools.com is entitled and obliged to collect within the framework of the proper course of business. At the request of Autodigitools.com, the customer will name the assigned claims. Autodigitools.com may disclose this assignment at any time to secure its payment claims.
6.7 If the value of the security exceeds Autodigitools.com’s payment claims by more than 20%, Autodigitools.com will release the excess security at the customer’s request.
6.8 Items delivered for test and demonstration purposes remain the property of DigiTools24.com. They may only be used by the customer on the basis of a separate agreement with Autodigitools.com.
7.1 Autodigitools.com guarantees that the contractual products are free from defects, which also include the lack of guaranteed properties. The contractual products are manufactured with due care. However, the parties are aware that, given the current state of technology, it is not possible to rule out hardware/software errors under all application conditions.
7.2 Autodigitools.com guarantees that the contractual products are generally described correctly in the product information and are generally operational within this framework. The technical data and descriptions in the product information alone do not represent a guarantee of certain properties. A guarantee of properties in the legal sense is only given if the respective information has been confirmed in writing by Autodigitools.com.
7.3 Warranty claims against Autodigitools.com expire six months after delivery. They are not transferable. Irrespective of this, Autodigitools.com passes on any further warranty and guarantee promises made by the manufacturer to the customer in full, without being responsible for it itself.
7.4 In the event of a warranty claim, Autodigitools.com shall choose between rectification or replacement. Replaced parts become the property of Autodigitools.com. If Autodigitools.com does not rectify defects within a reasonable grace period set in writing, the customer is entitled to either withdraw the contract or demand a reasonable reduction in the purchase price.
7.5 In the event of rectification, Autodigitools.com will bear the labor costs. The customer bears all other ancillary costs, in particular transport costs for the replacement part, insofar as these other costs are not disproportionate to the order value.
7.6 The warranty does not apply if the contractual product is improperly installed or independently maintained, repaired, used, modified or exposed to environmental conditions that do not meet the installation requirements by the customer or third parties, unless the customer can prove that these circumstances are not the cause for the reported defect. The warranty is also void if original technical symbols are changed or removed without the written consent of Autodigitools.com.
7.7 In the event of a return delivery, the customer must observe the service and complaint conditions. If the examination of a notice of defects shows that there is no warranty case, the costs of the examination and repair will be charged at the applicable Autodigitools.com service prices.
8. Intellectual Property Rights and Copyrights of Third Parties
8.1 Autodigitools.com assumes no liability for the contractual products not infringing any industrial property rights or copyrights of third parties. The customer must inform Autodigitools.com immediately of all claims made against him for this reason.
8.2 If the delivered products were manufactured according to the customer’s drafts or instructions, the customer must indemnify Autodigitools.com from all claims asserted by third parties due to the infringement of industrial property rights and copyrights. Any legal costs are to be appropriately advanced.
9.1 The liability of Autodigitools.com is limited to such damage that could reasonably be expected to occur at the time the contract was concluded based on the circumstances known at the time. Autodigitools.com is not liable for indirect damage, consequential damage or loss of profit.
9.2 The liability of Autodigitools.com for intentional and grossly negligent behaviour, for guaranteed properties and according to the provisions of the Product Liability Act remains unaffected by the aforementioned liability limitations. The personal liability of Autodigitools.com members who have acted as vicarious agents of Autodigitools.com is excluded.
9.3 Claims for damages expire six months after delivery or provision of the service.
9.4 In the event of technical problems with consequential damage, the respective manufacturer is to be held liable. We assume no liability for devices that affect or damage the on-board electronics due to a defect.
10. Export and Import Permits
10.1 Products and technical know-how supplied by Autodigitools.com are intended for use and to remain in the country of delivery agreed with the customer. The re-export of contractual products – individually or in a system-integrated form – requires approval for the customer and is fundamentally subject to the foreign trade regulations of the Federal Republic of Germany or the other delivery country agreed with the customer. The customer must inform himself about these regulations. Irrespective of whether the customer states the final destination of the delivered contractual products, it is the customer’s own responsibility to obtain any necessary approval from the responsible foreign trade authority before exporting such products.
10.2 Any further delivery of contractual products by customers to third parties, with or without the knowledge of DigiTools24.com, requires the transfer of the export license conditions at the same time. The customer is liable to DigiTools24.com for the proper observance of these conditions.
11. General Provisions
11.1 The customer is not entitled to assign his claims from the contract.
11.2 The place of performance for the delivery of the contractual products is Knowledge and the place of jurisdiction for all legal disputes is Belfast.
11.3 The statutory provisions applicable in the Federal Republic of Germany shall apply to these General Terms and Conditions. The uniform purchase law (EKG) and the uniform contract conclusion law (EAG) are excluded.
11.4 If one or more provisions of these General Terms and Conditions are or become invalid, or if this contract contains a loophole, the contracting parties will replace or supplement the invalid or incomplete provision with appropriate provisions that correspond as closely as possible to the economic purpose of the intended provision. The validity of the remaining provisions remains unaffected.