Terms and Conditions

of Steinigke Showtechnic GmbH (“the Company”) and its customers

Version 09/10

In general

These general conditions are valid for all contracts with our customers. The conditions can be found on the company letters, invoices, on our homepage as well as in catalogues and price lists of.Steinigke Showtechnic GmbH The Company is not bound by any contrary terms and conditions or purchase conditions made by the customer or Suppliers. Any customer data is stored and used in our computer-system and complies with the latest regulation on data protection. A written objection can be filed at any time against the use of these data. The company is always working on improving its standards. All technical specifications and the product range are subject to alterations without prior notice.

Formation of the contract

All offers quoted by Steinigke Showtechnic GmbH are not binding and subject to prior business arrangements if not laid down otherwise in written form. All contracts shall only be effective by law on receipt of the written confirmation of the order by the Company, at the delivery or by providing the service.

Prices

All prices of Steinigke Showtechnic GmbH are displayed in Euro (EUR). Price changes, printing errors and errors reserved. The price quoted when ordering will be charged, binding for all orders under EUR 30, the Company reserves the right to charge a fee of EUR 15. For all orders between EUR 30,01 and EUR 50,net, a small quantity-fee of EUR 8, will apply. All prices are given ex works Waldbüttelbrunn. All transport-charges and expenses for transport-insurance will be covered by the purchaser. The Company charges 1% of the gross value for expenses and transport-insurance, a minimum of EUR 0.75, or a maximum of EUR 9.90 (subject to changes). Additionally, the packaging expenses for one-way palettes will be charged. When a pallet cage is used, the Company charges a deposit which will be fully refunded when the pallet cage is returned. All prices are given without any charge for disposal with regard to the European Directive concerning waste electrical and electronic equipment (“WEEE”).

Delivery and Redelivery

All goods will be delivered ex works Waldbüttelbrunn. This is valid for main deliveries as well as for partial deliveries. The customer will be charged all delivery charges for deliveries to another address. The customer decides upon the mode of delivery. Any goods requiring a special procedure of delivery due to its size and/or its appearance, the Company may choose the necessary actions of delivery without the prior advice of the customer. If the procedure of delivery is not clearly expressed by the customer, the Company reserves the right to determine the mode of delivery. As soon as the goods are passed on to the carrier, risk passes on to the customer. In case of superior force including difficulty in receiving goods, operational disturbances, strike, governmental regulation etc. - including if occasioned by a Company of Steinigke Showtechnic GmbH, Steinigke Showtechnic GmbH is not responsible for delivery or service delay including agreed delivery dates. Should this delay continue longer than eight weeks, the purchaser may upon giving reasonable notice, cancel the part of the contract which still has to be fulfilled. Further compensatory claims are excluded in any case except for deliberate or grossly negligent breaches of duty by the Company, its representative or agents. The Company is exclusively entitled to partial delivery or partial services. Upon receipt, the recipient is responsible for checking for damage in transit and has to report any damage to the Company and the carrier in writing immediately. The recipient is responsible for keeping to the reporting period of the individual carrier. A delayed report will lead to the carrier’s refusal of any liability. On request, the Company takes over the transport insurance handling. If products are ordered for delivery outside Germany, the customer has to modify the goods in a way that they comply with all legal regulation of the respective country, e.g. in terms of technical construction, material, documentation, labelling and operating determinations If you order Products from our site for delivery outside Germany, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information.

Returning products of business customers

For disposing the products in compliance with the European Directive concerning waste electrical and electronic equipment – (“WEEE”) the business customer pays the transport costs for having the goods sent back to the Company. The business customer accepts a fee of € 0.50 per kilogram weight of the returned products.

Distance contracts with consumers (only for contracts and services within Germany)

A consumer can be any natural person executing a legal transaction for a purpose that cannot be counted among business or self-employment. Auctions are exempted. Steinigke Showtechnic GmbH does grant a right to revoke the contract 14 days after receipt of the goods for all contracts agreed via telecommunication media. The expenses of a return shipment of more than EUR 40,- are only covered by the Company if the payment or a down payment has already been carried out by the customer. The purchase contract is considered as executed when the order has been confirmed by the Company. The disposal of the products complies with the European Directive concerning waste electrical and electronic equipment – (“WEEE”). The customer, as a consumer, is obliged by law to return used batteries. This is laid down in the BattV (regulations regarding taking back and disposing of used rechargeable and disposable batteries (BattVO) from 27. March 1998 (BGBl I S. 658) (Federal Law Gazette), s. 12 clause 1 no.1-3. Batteries can be returned to the seller or his close proximity free of charge after use. If batteries are sent back to the seller, the packet must be adequately franked. Exhausted batteries containing heavy metals or harmful chemicals must not be thrown in ordinary domestic waste. Otherwise, all other points of the general conditions of the Company apply.

Terms of payment

If not agreed otherwise, the delivery is carried out against cash in advance on delivery or cash. Invoices have to be paid without any expenses for the Company. If the invoices are directly debited or paid by cheque, and an invoice was not paid or the individual credit limit was exceeded, all further deliveries - also backorders - are carried out against cash in advance on delivery or cash. As soon as the Company provides the products, the customer needs to accept the delivery and the price is due. The Company is entitled to demand immediate payment of any invoices not paid yet or any respite payments or to demand securities. The Company uses probability calculations including adress data in order to make a decision concerning starting, keeping or terminating a business relation. The Company reserves the right to charge a penal interests of 5 % above the European's Central Bank's (ECB) base interest rate, or 15 % p.a. as a minimum rate. The customer may balance the Company's demands only by undisputed and sentential counter-demands. There is no right of holding back money.

Warranty

The Company agrees to grant a warranty period within the European Union (EU). For used products, the warranty period is limited to one year. When the customer demands the return of a new product, he is obliged to grant a deduction for the usage of the product.
If the customer will not prove a lower usage and if the Company will not prove a higher usage, both parties agree on the following deduction for the usage:
- more than 1-3 months 10 % of the original sales price
- more than 3-6 months 20 % of the original sales price
- more than 6-12 months 30 % of the original sales price
- more than 12-24 months 50 % of the original sales price
Complaints due to obvious deficiencies have to be lodged immediately after delivery. Hidden deficiencies must be notified in written form immediately after having detected them. The warranty is not granted for transport damages as these usually fall under the carrier’s liability. Further claims, especially replacing consecutive deficiencies, are excluded. This exclusion will not apply for deliberate or grossly negligent breaches of duty by the Company, its representatives or agents as well as if the deficiency is resulting from a circumstance for which the Company has granted a warranty for the characteristics or fabrication of a product. If goods are returned without any deficiency, the occurred expenses will be charged. If goods are returned in order to be repaired and the goods are not falling under the warranty period, the repairs will be executed and charged. Providing a cost estimate will be charged - even if the repair will not be executed due to the customer’s denial. The Company would expressly like to call attention to the safety guidelines and safety regulations for mounting and installation, especially when conducted in public buildings, stages, etc., in order to be approved by a qualified expert. These must be adhered to by the buyer. The buyer agrees to become familiar with these safety guidelines and regulations, as well as approval procedures and the carrying out of same by a qualified expert. The buyer agrees to inform his/her customers of these safety guidelines and regulations, as well as of the approval procedures and the carrying out of same by a qualified expert. Decoration objects like e.g. artificial plants are not flame-resistant. The customer and the installer must clarify if fire protection (e.g. German DIN 4102-1 if applicable) is required for the place of installation. In this case, the products have to be treated with fire protection material. The customer has the duty to pass this information on to the installer.

Reservation of ownership

All deliveries are executed under enlarged reservation of ownership. The delivered goods remain in the ownership of the Company until all claims are paid by the purchaser. Any acquisition of ownership of the goods with reserved ownership by the purchaser - also in case of processing the good to a new product - is excluded. The purchaser assigns any claim of selling the goods with reserved ownership - also in case of processing the goods to a new product - to the Company. On demand, the customer of the Company has to name the debtors of the assigned claims and to inform the debtors about the assignment. Any pledging or trust receipt of the goods with reserved ownership is forbidden and can be prosecuted.

Delivery outside Germany

For the technical construction of the goods, the legal and technical regulations valid for Germany apply. Therefore the Company cannot guarantee that the goods correspond with the legal and technical regulations of the import country. The recipient commits himself only to sell the goods after translating the user manual into the country's language and after checking and changing the content in correspondence with the country's laws. Furthermore, the goods can only be sold if they correspond with the legal and technical regulations of the respective country. The recipient has to make sure that the goods will be modified to the legal and technical regulations of the import country before selling them and pay any expenses himself. The disposal of the products must comply with the regulation in the respective country. For doing so, the recipient has to inform himself about the national differences and additional national norms and safety requirements, adhere to them and inform his customers about them.

Partial nullity

Should any stipulation of these general conditions or any other agreement be deemed to be void, the effectiveness of all other stipulations is not affected. Any null stipulation will be replaced by the stipulation next to the sense of the void stipulation. Any changes of these general conditions need to be in writing.

Law and Jurisdiction

Regardless of where concluded or executed, these general conditions shall be interpreted in all respects in accordance with the Laws of Germany and both parties agree to submit only to the jurisdiction of the courts of Germany.