1. General / Conclusion of Contract

1.1

The purchase contract is concluded when purchasing through an online system, when PCI Diagnosetechnik GmbH & Co. KG accepts your order by delivering the goods or sending an order confirmation in text format. (For your information, take note of the remarks of the respective organiser for online auctions. Here, a contract normally comes about through an acceptance.)

1.2

We will file your orders for 12 months after order. Should you lose your documents for your orders contact us through e-mail / fax / telephone. We will gladly send you a copy of your order data. You can also share alterations or expansions with us.

2. Prices and Terms of Payment

2.1  

For delivery, the list prices stated at the time of the order or, in the case of auctions, the amount notified by the Auction House at the time of the acceptance shall apply.

2.2  

All our prices include19% value added tax on the last page of the ordering process and are quoted for orders placed via our online system plus the stated shipping costs, plus the cash on delivery fee if applicable, plus any additional costs for international shipping (please enquire – cash on delivery and international shipping require written confirmation of the customer due to the additional costs), installation and training costs, etc. Depending on the shipping method, the shipping costs in individual arrangements are calculated and subject to size, weight and number of packages and are communicated to the customer in the context of the respective offer. Business clients normally purchase from us at fixed shipping costs fixed once in advance.


Depending on the country of destination, price, type of goods and buyer, additional customs and tax on imported products incur and will be extolled by the carrier when delivering the shipments.

2.3

Our invoices are due immediately and payable strictly net. A payment is only considered to have been made when the amount is at the disposal of PCI Diagnosetechnik GmbH & Co. KG. In case of a delay in payment we are entitled to calculate default charges of up to 5% for consumers and up to 8% for businesses, depending on the respective base interest rate of the ECB, according to the discount transfer law. A letter of exchange or checks are only accepted after an agreement and for processing and are only valid as payment after encashment. Discount and collection charges are to be borne by the customer. We assume no liability for the timely submission.

2.4

Businesses are only entitled to rights of retention if their counter claim is based on the same contractual relationship and is legally established or recognized by us.

3. Term of delivery

3.1

All articles which are available from stock right away will normally be on their way to delivery within 24 hours. There is no obligation to that effect provided it goes beyond the legal framework. Should articles not be available right away leading to a delay of the term of delivery, PCI Diagnosetechnik GmbH & Co. KG will immediately inform the customer. An especially quick delivery of the goods is possible with express delivery within 24 hours if we receive your order in time and if the goods are available.

Cash on delivery takes place outside of the sales platform (www.pci-diagnosetechnik.de) only after written confirmation of the incidental additional costs.

Short selling requires the written agreement through PCI Diagnosetechnik GmbH & Co. KG. Please make contact as soon as possible, normally there will be no obstacles for concluding a business deal then.

3.2

The agreed upon term of delivery will begin with the unopposed or confirmed order.

3.3

The term of delivery will possibly be extended until the buyer has delivered all the information and documents which are required for the execution of the order.

3.4

Delays in deliveries which are caused by legal or administrative order (for example import and export limitations) and which we are not responsible for, extend the term of delivery corresponding to the duration of such obstacles. In important cases, we will inform the buyer of the inception and conclusion right away.

3.5

Should we be in default with the delivery, our liability for damages is limited to the foreseeable damage in case of slight negligence. Further compensation claims are only maintained when the delay is on purpose or a result of culpable negligence.

4. Delivery, Shipping, Transfer of Risk

4.1

Part deliveries by us are permissible if the buyer deems it reasonable.

4.2

Should the buyer not give specific instructions, we can choose the delivery method, the delivery route and the company tasked with the delivery at our discretion. Please note, delivery through other businesses not chosen by us can lead to additional costs. We will be happy to provide you with further information.

Cash on delivery is not possible in all countries, for that reason we reserve the right to decline a shipment per cash on delivery, provided such a method of delivery has not been agreed to in writing for the specific article(s) and the specific destination.

We reserve the right to decline a shipment per cash on delivery, provided that tangible and objectively understandable reasons from the recipient speak against such a method of delivery. The customer will be exempt from the contract in such a case; he is not bound by the contract.

4.3

The risk will transfer to the buyer as soon as the shipment with the goods is given to the buyer by the forwarder. The buyer must promptly criticize obvious and possibly noticed transport damages to the forwarder or carrier and subsequently inform PCI Diagnosetechnik GmbH & Co. KG to be able to assert claims.

4.4

Please take note of our information regarding shipping and delivery.

5. Right of revocation in distance contracts

Right of revocation

You have the right to revoke this contract within fourteen days without stating reasons, provided the delivered goods do not include an electric / electronical component and provided it was not planned vehicle specifically, these are generally excluded from an exchange.

The revocation period is fourteen days from the day you or a named third party (not the carrier) take the wares into possession.

For training or education, a written logout (cancellation) must be made until 14 days before the training / education starts, so we can reimburse you the course fee with up to 30€ administrative charge. Otherwise, the full training / education fee will be charged because work materials, referents and catering need to be prepared / provided by us in advance.

To exercise your revocation right you must inform us (PCI Diagnosetechnik GmbH & Co. KG – Schulstraße 44 – 93339 Riedenburg – Germany / Phone: +49 9442 905603 – Fax: +49 9442 905604 – E-Mail: mail@pci-diagnosetechnik.de) through an unmistakable clarification (for example a letter, telefax or e-mail) detailing your decision to revoke this contract. You can use the attached specimen revocation form for this; however, it is not mandatory.

To preserve the revocation period, it is enough to send a notice of the exercise of the right of revocation before the revocation period ends.

The right of revocation expires if your contractual partner / installation partner started conducting the service before the end of the revocation period with your consent or prompted by you (for example by installing it on your own or providing the component etc.).

Furthermore, the right of revocation does not exist in contracts

- for the delivery of goods that are not pre-assembled and for the manufacturing of which an individual selection or the consumers instructions are essential, or which are unmistakably made to fit the consumers personal needs.

- for the delivery of wares whose current value is dependent on fluctuations of the market, which the contractor does not have any influence on.

The right of revocation expires prematurely in contracts for the delivery of audio or video recordings or computer software in sealed packaging, when the seal has been removed after the delivery.

Results of revocation

If you revoke this contract we must reimburse all payments that we have received from you, including shipping costs (excluding additional costs that resulted from choosing a different mode of delivery than the affordable standard delivery we offered) immediately and at the latest within 14 days after the day we receive the notification of your contract revocation. We will use the same payment method for this reimbursement that was used in the original transaction, unless there was an explicit agreement with you that states otherwise; in no case will you be charged any fees for this reimbursement. We can refuse to reimburse until we get the goods back or until you can prove that you have sent the goods back, whichever is the earlier point in time.

The goods are to be delivered / brought back to us immediately and in any case, at the latest within 14 days from the day that you inform us of the revocation of the contract. The revocation period is preserved if you send the goods before the expiration of the revocation period of 14 days.

You bear the immediate costs for returning the goods. You will only have to come up for a possible decrease in value of the goods if this decrease in value is traceable to a handling by you that was not necessary for the inspection of the quality, properties and functionality of the goods.

Excluded from the right of revocation are unsealed goods with software products!

Specimen revocation form

If you want to revoke the contract, please send this plead back to the stated address.

PCI Diagnosetechnik GmbH & Co. KG,

Schulstraße 44,

93339 Riedenburg,

Germany

Phone: +49 9442 905603

Fax: +49 9442 905604

E-Mail: mail@pci-diagnosetechnik.de:

End of the cancellation policy.

6. Redemption as a gesture of goodwill / Refusal of acceptance

6.1

After expiration of the two-week revocation period or for buyers that are not consumers in the sense of § 13 BGB, a redemption of goods will only take place in the case of an evidently wrong delivery. For exchange, return or credit requests for which PCI Diagnosetechnik GmbH & Co. KG is not responsible for, the transaction will only take place after a written confirmation of the seller. This also applies in the case of the pick-up to check the return request, arranged by PCI Diagnosetechnik GmbH & Co. KG. The basic requirement for this is the state of the merchandise and if it is in re-sellable condition. The expected refund amount is calculated with the resale price to be achieved at the time of receipt, minus the cancelation / processing fee of 10% of the invoice amount.

However, this regulation can often be deviated from in favour of the buyer. We will always try for a satisfactory and reasonable solution for the client.

6.2

If a buyer, who is not a consumer in the sense of § 13 BGB, does not accept the sold goods, we have the right to optionally insist the goods be accepted or we can demand a generalised indemnity / reimbursement of expenses of 10% of the purchase price, unless the buyer proves that little to no losses occurred. In case of an exceedingly huge loss we reserve the right to assert this. PCI Diagnosetechnik GmbH & Co. KG has the right to store the delivered goods at its own premises, with a forwarder or at a storage facility at the risk of the buyer, for the duration of the default in acceptance by the buyer. During the duration of the default in acceptance, the buyer must pay PCI Diagnosetechnik GmbH & Co. KG 15€ per month for the accruing storage costs without further proof. The compensation will decrease if the customer can prove that neither expenditures nor losses have occurred. In the case of exceedingly high storage costs, we reserve the right to assert these.

7. Reservation of ownership

7.1

We will reserve ownership of the merchandise until all accounts receivable from the delivery contract, including all additional claims (for example exchange costs, finance charges, interests etc) have been fully paid, provided nothing else is agreed upon. In the case of conduct by the buyer that violates the contract we are entitled to demand the merchandise back. Redemption or seizure of conditional goods does not substitute an avoidance of contract.

7.2

In the case of seizure or other intrusions of third parties, the buyer must inform us immediately.

7.3

Any processing or transformation of the merchandise by the buyer is always carried out for us. If the merchandise is processed with items that do not belong to us, we will acquire co-ownership of the new product in the relation of the worth of the merchandise to the other processed items at the time of processing.

7.4

The buyer is entitled to resell the goods in a reputable business routine. However, the buyer hereby assigns to us all claims towards his customer or third party from the resale amounting to the invoice amount.

8. Guarantee and disclaimer of liability / Retrofitting / Distribution of automobile electronics

8.1

For a duration of 24 months after the date of delivery, we guarantee that the delivered goods, depending on the respective state of the art, are free from defects. A liability for regular wear and tear is out of the question. For used goods the liability period is 14 days underwriting guarantee from the date of delivery. Negligible deviations in colour, measurements and / or other quality / performance features do not constitute any demands of the buyer, especially not for guarantee.

8.2

We will not take any responsibility for flaws or damage which resulted from unsuitable or inappropriate usage, disregard of application instructions or flawed or negligent handling. This applies especially for operation of the products with the wrong type of current or the wrong voltage as well as connection to inappropriate power sources. (This also includes the connection of systems with 12V entry without the appropriate broad range transducer or inappropriate transducers to the vehicle network.) This also applies to flaws and damage caused by a fire, lightning bolt, explosion or overvoltage of the network, humidity of all types, flawed or missing program software and / or processing data, unless the buyer proves that these conditions are not the cause for the reprimanded flaws.

Furthermore, we will not take any responsibility for flaws caused by inappropriate operation / installation, unsuitable processing or alteration, unauthorised / faulty reworking, installation or maintenance, faulty operation or other intrusions into the provided goods by the buyer or third parties.


Please note the we – PCI-Diagnosetechnik GmbH & Co. KG, manager Andreas Vetter – do not give a guarantee / a warranty / a follow up guarantee / accommodation claims on the possibly existing vehicle / connection warranty after intrusion into a system. The current warranty / guarantee standards of the respective manufacturers apply.
If our examination shows that the defect claimed by the customer does not exist or that it was caused by the customer, the customer will bear the proven costs of our examination.

8.3

The warranty expires when the buyer or a third party, which are not authorised by PCI Diagnosetechnik GmbH & Co. KG, make changes / repairs on devices, provided the occurred defect is based on these.

8.4

Obvious flaws must be reported in writing immediately, or at the latest 10 business days after receipt of the delivery, otherwise, all claims for defects are excluded. In business relations §§ 377, 378 HGB apply additionally.

8.5

If a defect of the merchandise appears within one year after the date of delivery, the consumer, depending on their choice, is entitled to assert a right to removal of defects or delivery of defect-free merchandise (rectification). Within the scope of delivery of defect-free merchandise, the exchange for higher quality goods is already considered to be accepted. If the chosen type of rectification is associated with disproportionately high costs, the claim is limited to the respective remaining type of rectification. Further rights, especially the rescission of the purchase contract, can only be exercised after the expiration of an appropriate period for rectification or a two-time failure to rectify.

8.6

Generally, after the first year is over, claims for rectification are limited because the branch specific incurred costs are regularly disproportionally high (§ 439 II BGB). If PCI Diagnosetechnik GmbH & Co. KG, within the scope of rectification, makes an exchange for higher quality goods it is already considered to be accepted. Further rights, especially the rescission of the purchase contract or the decrease of the purchase price, can only be asserted after the expiration of an appropriate period for rectification or a two-time failure to rectify.

8.7

If the buyer is a contractor, depending on our choice, we are entitled to remove defects or deliver defect-free merchandise within a year after the date of delivery in the sense of § 439 BGB. After a year has passed after the date of delivery, the warranty claims are limited to removal of defects or time value credit, depending on our choice. Should the contractor demand reimbursement of expenses in the sense of § 478 II BGB, it is limited to a maximum of 2% of the original merchandise value. Claims which trace back to § 478 BGB are negotiated down through the 24-month warranty for businesses after 8.1, in the sense of the equal compensation of § 478 IV S. 1 BGB.

8.8

Through an exchange within the scope of the warranty / guarantee, no new warranty periods will take effect, § 203 BGB remains untouched.

8.9

Further demands of the buyer – for whatever legal reason – are excluded, except for liability for injuries to life, body or health, provided nothing else was explicitly agreed upon. Therefore, we do not assume liability for damage not directly caused to the delivered object; above all else, we will not assume liability for lost profits or other financial loss of the buyer. The afore mentioned relief of liability does not apply if the damage was caused with intent, gross negligence or by lack of an ensured feature, violation of contractual duties, delay in performance, impossibility, and is based on §§ 1, 4 of the product liability act. We do not assume liability for the recovery of data, unless we have caused the loss with intent or gross negligence and the buyer has ensured that a data backup succeeded so that the data can be reconstructed with reasonable expense.

9. Return consignments from non-EU countries

9.1

We ask customers from non-European countries to state the worth of an interface cable sent in for repairs to be less than five euros, otherwise, the sender will be charged with the incurring customs fees.

10. Deterioration of the financial situation

10.1

PCI Diagnosetechnik GmbH & Co. KG can rescind from the contract when bankruptcy, adjudication of bankruptcy or judicial procedures, rejection of bankruptcy for lack of assets, bill / check protests or other tangible indications of deterioration of the financial situation of the buyer become apparent.

11. Software, Literature

11.1

When delivering software not only our conditions apply, but also the special license conditions and other conditions from the manufacturer. With the acceptance of the software the buyer explicitly acknowledges their validity.

12. Usage of customer data

12.1

We are entitled to process all the data concerning our business relations with the buyer under the Federal Data Protection Act. Naturally, we will never give the data of our customers to any third parties without consent!

We are available for further enquiries regarding data protection, inquiry or change requests with the e-mail address mail@pci-diagnosetechnik.de. Please also take note of our advice here.

13. Export licence

13.1

Approvals of the Federal Office for Trade and Industry in Eschborn / Taunus, which are possibly required for export of the provided goods, are to be obtained by the buyer in one’s own name and at one’s own expense. The withholding of such an export licence does not entitle the buyer to rescind from the contract.

14. Place of jurisdiction, partial ineffectiveness, governing law

14.1

For business connections with business people and with corporate bodies under public law, the place of jurisdiction for all legal disputes, including exchange and check protests, resulting from the contract is agreed upon to be Kelheim; we are also entitled to sue at the buyers’ place of business.

14.2

If individual provisions of the delivery contract or the General Terms and Conditions are invalid, the remaining provisions will remain valid.

14.3

For business connections with consumers within the European Union, the right of the domicile of the consumer is applicable provided it is a strict matter of consumer rights.

15. Support contract and technical support

15.1

We do not assume liability for possible damage or problems that directly or indirectly resulted / can result from out technical aid / support. We recommend always consulting the repair manual provided by the manufacturer.

15.2

These articles are support contracts with a minimum term of 12 months.

15.3

The regular payment interval is described in the article description and will be chosen by the buyer before purchasing. The payments are to be made in time of the established intervals and in full by the customer.

15.4

The contracts will tacitly prolong themselves for 12 months, if not at least one months before expiration of the current contract year, a written termination reaches the following address.

PCI Diagnosetechnik GmbH & Co. KG,

Schulstraße 44,

93339 Riedenburg,

Germany

15.5

The support offer only applies to the diagnostic software VCDSpro which we sell. Furthermore, a claim for support of vehicles which deviate from the standard equipment cannot be asserted. This also includes retrofitting with original parts, LPG conversion and performance enhanced vehicles.

15.6

Our support team acts to the best of their knowledge and conscience; however, we cannot guarantee a satisfactory solution to all problems.

16. Provider information

PCI Diagnosetechnik GmbH & Co. KG
Schulstraße 44,
93339 Riedenburg,
Germany

Tel.+49 9442 905603
Fax: +49 9442 905604

USt.-ID Nr.: DE 266441246