These repair conditions apply to all repair measures. They also apply to repairs based on a claim under statutory rights for breach of performance or warranty, unless otherwise specified below.
§ 1 Order Placement
Any claim arising from statutory rights for breach of performance or warranty must be asserted by the customer when placing the order and proven by submitting the payment receipt or complete warranty documents. If there is no sufficient fault description, the order is deemed placed for all work that we consider necessary. We are entitled to remedy defects that become apparent during the work, provided that the remedy is necessary for the proper functioning of the item to be repaired. When placing an order for a chargeable repair, the customer can set a maximum repair price. If this is exceeded or if the additional repair effort is not in a reasonable proportion to the value of the item to be repaired, the customer's consent must be obtained for further repair. For a chargeable repair, the customer's consent must also be obtained if it only becomes apparent during the execution of the work that the intended repair success or the repair effort is not in a reasonable proportion to the value of the item to be repaired. In this case, the customer is obliged to reimburse the costs incurred up to that point.
§ 2 Repair Execution
We are entitled to carry out the repair in our own or a third-party workshop. Repair dates are always non-binding; the final repair time results from the actual repair effort.
§ 3 Repair Costs and Payment
All chargeable repairs are calculated according to time spent and material used. The costs per working hour are displayed in the reception areas. Chargeably repaired devices will only be delivered against cash payment or cash on delivery without deduction.
§ 4 Cost Estimates; Costs for Uncompleted Orders
Since troubleshooting time is working time, the corresponding effort will be charged to the customer if:
- the customer waives the repair after the cost estimate.
- the complained-about fault cannot be found during inspection.
- a required spare part is no longer available.
- an order was withdrawn during execution.
- no, incorrect or incomplete fault information was provided.
If, after a cost estimate, the repair is not carried out at the customer's request, the item to be repaired does not need to be returned to its original condition if this is not technically or economically justifiable.
§ 5 Repair Warranty
We provide a 12-month warranty for repairs carried out by us, provided it is demonstrably the same and thus not correctly rectified fault. Further claims for damages extending beyond the repair item are not covered by the warranty. If it turns out during the repair that the complained-about fault has another cause, the customer will be charged for the incurred effort. A repair warranty claim must be reported to us by the customer, if they are an entrepreneur, a legal entity under public law or a special public fund, within 10 working days from recognition, otherwise we are released from liability for defects, whether from warranty or statutory warranty. The warranty claim also expires if changes have been made to the services by others without our consent. If the customer is a consumer within the meaning of § 13 BGB, only the warranty claims expire if the claims are not reported within 10 working days from recognition. The statutory warranty rights remain unaffected by this.
§ 6 Storage and Collection
We are entitled to hand over repaired items to the bearer of the collection slip or other suitable proof of entitlement. If repairs are not collected within 3 weeks after written or verbal notification of completion, we will charge storage costs. From this point on, we are not liable for loss or damage to the repair item, unless liability is already limited due to default of acceptance under § 300 (1) BGB, provided that we are not guilty of intent or gross negligence. If the storage costs exceed the current value of the device minus incurred repair costs, our storage obligation expires.
§ 7 Claims under Rights for Breach of Performance for Chargeable Repairs
Claims for defects in chargeable repairs become time-barred within one year after acceptance. The customer's right in the event of defects is initially limited to subsequent performance. Only if subsequent performance fails can the customer demand a reduction in remuneration or withdrawal from the repair contract. Damages caused by improper or contract-breaching measures by the customer in the context of transport, installation, connection, operation or storage do not give rise to a claim against us. Improperness and breach of contract are determined in particular according to the manufacturer's specifications. Software errors caused by the customer or errors caused by changing system settings or installing software, drivers, additional hardware components or similar do not give rise to a claim by the customer.
§ 8 Liability
Claims for damages are excluded unless the contractor has acted intentionally or with gross negligence or to the extent that liability for injury to life, body or health would be impaired. In the event of damage to the item to be repaired, we are entitled to free repair. If this is impossible or associated with disproportionately high costs, the current value on the day of damage shall be replaced.
§ 9 Data Backup
Data loss may occur during the repair. We assume no liability for backing up existing data. It is solely the customer's responsibility to ensure necessary data backup before placing the repair order. The restoration of the data stock is the responsibility of the customer. The costs for any restoration of the data stock by us (if such is possible) must be borne by the customer.
§ 10 Data Storage
The client agrees that the personal data from this repair contract will be stored by the contractor on data carriers for the purpose of use in the commercial operation of the workshop. The transfer of the stored data by the contractor to third parties is excluded.
§ 11 Jurisdiction Agreement
Trier is agreed as the place of jurisdiction, provided that the contractual partner is a merchant, a legal entity under public law or a special public fund.
Status of the GTC: 01.07.2014
