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I. Scope of Application - contractual partners

  1. The following General Terms and Conditions of Repair apply to all repair orders placed with Damasko GmbH, Unterheising 17c, 93092 Barbing (Contractor) by its customers (Customer).
  2. Any deviating, conflicting, or supplementary general terms and conditions of the Customer only become part of the contract if and to the extent that we have expressly consented thereto.

II. Conclusion of Contract

  1. A contract with the Customer is only concluded upon the Contractor’s declaration of acceptance.

III. Prices

  1. All prices of the Contractor are total prices in euros and include the applicable statutory value added tax.

IV. Packaging and Shipping

  1. The Customer must bear the costs of packaging and shipping of the items, if the items are to be returned to a place other than the Contractor’s place of business on the instructions of the Customer.

V. Terms of payment

  1. The Customer must pay the remuneration owed upon collection of the items, at the latest, however, within 1 week after notification of completion and handover or sending of the invoice.
  2. If the items are to be sent to a place other than the Contractor's place of business, the Customer must pay the remuneration owed and the costs for packaging and shipping prior to shipment. Shipment shall take place immediately after receipt of payment on the Contractor's account.
  3. The Contractor is entitled to demand a reasonable down payment or advance payment from the Customer for the repair remuneration.

VI. Collection and acceptance - transfer of risk

  1. The Customer must collect repaired items by presenting the collection note or other suitable proof of entitlement.
  2. The Customer is deemed to be in default of acceptance if he culpably fails to collect the object of the order within five working days after notification of completion. In the case of repair work carried out within one working day, the period is reduced to one working day.
  3. Acceptance by the Customer shall take place on site at the Contractor's premises, unless otherwise agreed in writing.
  4. If the Customer requests collection or delivery of the object of the order, this will be at the Customer’s expense and risk unless otherwise agreed in writing.
  5. If the repaired objects are sent to a place other than the Contractor’s place of business at the request of the Customer, acceptance will be deemed to have taken place 14 working days after notification of completion to the Customer if the Customer has not refused acceptance within this period stating at least one defect.
  6. If acceptance is delayed for reasons for which the Contractor is not responsible, acceptance will be deemed to have taken place 14 working days after notification of completion to the Customer if the Customer has not refused acceptance within this period stating at least one defect.
  7. If the Customer is an entrepreneur and the shipment of the object of the order has been agreed, the risk will pass to the Customer at the latest upon handover to the forwarding agent, carrier or other third party designated to carry out the shipment. This also applies if the Contractor bears the freight costs and/or carries out the shipment itself. If shipment or handover is delayed as a result of a circumstance not attributable to us, the risk will pass to the Customer from the day on which the Contractor is ready for shipment to be made and has notified the Customer thereof.
  8. The Customer is expressly informed that in the event he does not collect or expressly demand the return of the object of the order within 6 months after the object of the order has been handed over to the Contractor and a cost estimate has been sent to the Customer, or after notification of completion of the repair order, the Contractor is entitled to dispose of the object of the order elsewhere free of charge or to destroy it, at its discretion.

VII. Warranty

  1. Claims of the Customer due to defects are initially limited to supplementary performance. If the supplementary performance fails, the Customer may reduce the remuneration for the work or withdraw from the contract.
  2. Claims of the Customer due to defects become time-barred within one year after acceptance.
  3. The abovementioned restrictions and shortening of time limits do not apply in the event of damage arising from injury to life, limb, or health or for other damage based on an intentional or grossly negligent breach of duty or fraudulent intent on the part of DAMASKO, as well as for damage covered by liability under applicable statutory provisions, such as the German Product Liability Act (Produkthaftungsgesetz), as well as in the event of the assumption of guarantees or in the event of claims under a right of recourse pursuant to sections 478, 479 of the German Civil Code (BGB).
  4. The statutory provisions on the start of the period of limitation, suspension of the period, stay and recommencement of the period remain unaffected.
  5. The above provisions do not involve a change in the burden of proof to the disadvantage of the customer.

VIII. Liability

  1. If the Contractor is liable under the statutory provisions for damage caused by slight negligence, the liability of the Contractor is limited: Liability only exists in the event of a breach of material contractual obligations, such as those which the contract specifically intends to impose on the Contractor in accordance with its content and purpose or the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The liability of the Contractor for any unforeseeable indirect or consequential damages is excluded.
  2. This exclusion and limitation of liability also applies for any breaches of duty by legal representatives or vicarious agents of the Contractor.
  3. The above exclusion and limitation of liability shall not apply to damage caused by a grossly negligent or intentional breach of obligations by the Contractor, its legal representative or its vicarious agent, or in the event of injury to life, limb or health.
  4. Irrespective of any fault on the part of the Contractor, any liability on the part of the Contractor in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act (Produkthaftungsgesetz) remain unaffected.

IX. Cost Estimate

  1. Cost estimates of the Contractor are not binding unless otherwise indicated.
  2. A written cost estimate is required should the Customer request a binding price quotation. The Contractor is bound by this cost estimate until the expiry of 3 weeks after its submission.
  3. The Customer must bear the costs of a cost estimate. These amount to € 40.00 plus the statutory VAT. If the Customer places a repair order in response to the cost estimate, the costs of the cost estimate will be waived.
  4. If the contract is not based on a binding price quotation from the Contractor, but on a simple cost estimate, the total price may be exceeded in the invoicing of the order, provided that the cost overrun was not recognisable to the Contractor when the cost estimate was prepared. If the costs are expected to be exceeded by more than 20 %, the Contractor will notify the Customer of this immediately and obtain the Customer’s consent to continue the work.
  5. If the Customer terminates the contract, whether because the cost estimate has been exceeded or for other reasons, they must pay for the work and costs incurred up to that point, including expenses for spare parts ordered and already procured, as well as the profit.

X. Lien

  1. Due to its claims arising from the order, the Contractor is entitled to a contractual lien on the items which have come into its possession.
  2. Replaced parts become the property of the Contractor.

XI. Reference to the EU's ODR platform and information pursuant to the VSBG (Consumer Dispute Settlement Act)

  1. The EU Commission provides an internet platform for the online resolution of disputes (the ODR platform). The ODR platform gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. 
  2. The Contractor is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

XIII. Place of j urisdiction – choice of law, contract language

  1. The place of jurisdiction is Regensburg (Federal Republic of Germany), insofar the Customer is a businessman, a legal entity under public law or a special fund under public law.
  2. The laws of the Federal Republic of Germany apply without regard to the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar the protection granted is not withdrawn by mandatory provisions of the law of the country in which the end user has its habitual residence.
  3. Contracts are stored electronically by the Contractor, but cannot be viewed after conclusion of the contract.
  4. The language of the contract is German.

Valid: 1st of August 2023

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