I. General:

1. The following general terms and conditions are basis of all deliver contracts, services and purposes of VideoDVPRO.
2. The buyer accept the general terms and conditions for the present contract, as well for all future contracts as binding. He disclaim of his own general terms and conditions. Deviations of this general terms and conditions, supplementary agreements and additional agreements needs basically written form.

II. Proposal:

1. Proposals and statements of VideoDVPRO are concerning price without engagement and non-binding. Little deviations and technical changes compared to pictures or specifications are possible.

III. Price:

1. Unless otherwise noted, VideoDVPRO will be bounded 10 days to the prices of the proposal after the initial date. Authoritative for the prices are the prices of the acceptance of order of VideoDVPRO.
2. Package, forwarding expenses, transportation insurance and customs duties are not includes in the proposals of VideoDVPRO and will charged separately.
3. Changes in prices due to changes of customs, customs duties of import and export, currency control, fluctuations in the rate of exchange, allocation goods etc. are subject of changes.

IV. Supplies:

1. Goods, which are on stock (for forwarding issues is VideoDVPRO not responsible) will be shipped within two days, by your order. Are the goods by order not on stock, VideoDVPRO will be keen to deliver as soon as possible. Failure to comply with in supply- or achievement terms based on force majeure, labor dispute, unforeseen events or other extraordinary circumstances for which are VideoDVPRO is not responsible, will the delivery period adequate extended. For noncompliance of the delivery time for some other reasons as mentioned before or other reasons the buyer will be able to setup a respite with cancellation purposes on the contract in case of negative process. If the impossibility of performance is based on the inability of the producer or other suppliers, it will be possible that VideoDVPRO as well the buyer are allowed to cancel the contract, if the date of delivery is exceeded more than two months. Request of damages based on delay or impossibility and respectively non-fulfillment and those which lead to the cancellation of the contract are excluded. Unless, a legal representative of VideoDVPRO acted wantonly negligen
2. By mail order purchase the buyer is obligated to accept the goods by delivery. If he is in delay, VideoDVPRO is allowed to refuse a second delivery until he has paid the purchase price.

V. Right of return for consumer contracts:

1. For orders in mail purchasing according to FernAbsG §3 and BGB §361a, the customer has a special right of withdrawal and return within two weeks, after receiving the goods. There is no need for a reason of the withdrawal. The use of the withdrawal has to be made in written form, on a other permanent data carrier or by return of the goods to VideoDVPRO. For ensuring of the stipulated time period it is satisfy the due return of the right of withdrawal or the due of the not prepaid return of the goods to VideoDVPRO.
2. Up to a value of goods of US $ 40,00 the customer will have to pay the cost for return. After receive of the goods by VideoDVPRO, we are engaged to pay back possible payments. Excluded of the right of withdrawal are data storage mediums, also if they are unused and not damaged by the customer. Also excluded from the right of withdrawal are goods which are prepared especially for customer’s specifications or clearly made for personally requirements of the customer and which are correct prepared in agreement with the customer.
3. The return of the goods will be only accepted, if the goods are in a originally conditions and the shipping package is not damaged. For essential worsening (e.g. dirt, damaging, damaged shipping package, damaged documentation, uncompleted return of goods) VideoDVPRO is formally allowed to ask for replacement or impairment of the value of the goods.

VI. Shipping and transfer of perils:

1. The shipping will happen on risk of the customer. The risks, also if the delivery terms “free on board” is agreed, will transferred to the customer, as far the shipment is handed over to the forwarder or left the permanent establishment of VideoDVPRO.
2. VideoDVPRO is allowed, but not engaged, to setup an insurance in the name of the customer for deliveries.
3. All deliveries, as well returns of goods, are traveling on customers risks. This is not value for returns in the case of the right of withdrawal.
4. Returns to VideoDVPRO are, as far as there are no specific arrangements, always prepaid. If the request of the customer, e.g. the value of the goods is more then US $ 40,00, is correct, he will get the money back, if the request will be settled. Not prepaid returns will be not accepted. Charges for any other carrier as the Post will not be reimbursed. Please, be sure for a proper postage of the return.

VII. Maintenance and liability:

1. Deliveries of VideoDVPRO have to be checked about correct- and completeness after receiving. Short or wrong delivery, any defects are to be claimed within 10 days – incoming by VideoDVPRO, with reference of the invoice number. Defects, which are at first will be not accepted, so far as they will be accepted, as soon as possible and within the period of limitation of the rights by law claimed to VideoDVPRO.
2. VideoDVPRO is only liable for defects, which are already existing by delivery and based on delivery-, fabrication- and material defectivs.
3. The maintenance is limited on spare parts and wages. The maintenance starts within the day of purchase and is related to the tool and all spare parts. The maintenance will be provided for parts, which are demonstrable damaged based on fabrication- and material failures, with replacement or reparation. The right of conversion or reduction exists only if, the complained damage was claimed twice and a appropriate timeline was given and the try of reparation failed. A extension of the maintenance period is thereby not given. Replacement parts will be property of VideoDVPRO. By acceptance of the maintenance requests, especially further claims will be excluded. Exempt o the maintenance are damages, which are based on incorrect using and interferences through the customer or third parties. Damages by non-observance of the owner’s handbook, negligent using or misuse are also excluded of the maintenance. Devices, which are physically damaged or opened (e.g. damaged safety sticker), are not able to be repaired under the maintenance regulations.
4. In case of correct claims, VideoDVPRO will also carrying the shipping costs. The Assertion of claims for damage compensation, especially of subsequent damages, is excluded, as far as the defect is not based on premeditation or gross fault.
5. So far the producer of the deliver device will provide a voluntary maintenance to the customer, the way of doing and the coverage is only related to the given maintenance of the producer. For this maintenance request is only the producer responsible. The VideoDVPRO-Studio is not involved, especially number 1-3 will remain unaffected.
6. The return of the complained goods to VideoDVPRO, must made with the original box; the goods must packed correctly.
7. In case of false claims, VideoDVPRO will charge the allowance for special expenditures for testing costs. The price depends on the complexity of work, the minimum charge is at least US $ 50,00.
8. The buyer is responsible for arching of the data before delivering the goods, e.g. arching on external data storage units. VideoDVPRO is in no case liable for the recovery of lost data.
9. Missing deliveries must claimed to VideoDVPRO within two weeks after receiving of the invoice.

VIII. Retention of title:

1. The goods retained property of VideoDVPRO, until all payments, also future receivables related to this business relation are settled (reservation commodity).
2. It will be not allowed that the buyer will handle about the reservation commodity without acceptance of VideoDVPRO.
3. In case of access of third parties about the reservation commodity, the buyer will inform the third party about the property of VideoDVPRO immediately.

IX. Payment:

1. The delivery will made on c.o.d. (cash on delivery), so far as no other payment terms will agreed. The prices are cash prices; no discount will be accepted. The invoicing amount is immediately payable after receiving the goods without any discount.
2. The payments are fulfilled on the day if VideoDVPRO can handle about the payment without any charges.
3. In case of delay VideoDVPRO has the right to claim default interests according BGB § 288, as well as compensation of damages.
4. All payments will allocate firstly to older liabilities independently other terms of the customer. If are already existing costs for collection and interests, the payment will allocate firstly to these costs and afterwards to the main receivables.
5. It is only allowed to the customer to set-off, reserve or reduce our receivables if the offset claims will be stated by law or without any dispute.
6. The customer is liable to VideoDVPRO to pay US $ 10,00 for every reminder.

X. Data storage units:

1. By delivery of data storage units effective over this regulation of VideoDVPRO. With receipt of the data storage unit through VideoDVPRO. Responsibility for damages (e.g. data loss), which occur by using the data storage unit, will be not accepte
2. By individual creation of data tapes , gross errors will be corrected without any charging. Gross errors are errors which prohibit a normal using of the data storage unit. Any responsibility of data storage units, for example by incompatibility of the DVD-player, which made any play back impossible, will refuse.

XI. Data security/ Customer Master data:

1. The customer accept, that personal data will be stored and handled by VideoDVPRO as far as necessary. This will happened in accordance with the German Data protection act. Your personal data will not stored via PC.

XII. Applicable law:

1. If one of these conditions of these general terms and conditions is not effective, so shall be the rest of contract not be touched. A effectless regulation shall be replaced through an other, so far as it is be in the mind of these terms and conditions.

XIII. Place of performance, place of jurisdiction:

1. Place of performance for both contract partners is the permanent establishment of VideoDVPRO. Only the law of Germany is applicable.

VideoDVPRO Joachim Schmid

Eichengarten 3

90556 Cadolzburg

All prices are incl. VAT but plus shipping fees.
For deliveries in Germany with a purchase value with more than € 200,00 – free of shipping cost.
Subject to change without prior notice and error.
All named products are trademark of the named producer.

Stand: June, 18 2007