For your convenience, we have provided a translation of this page. This translation is for informational purposes only, and the definitive version of this page is the German version.
General Trading Terms (GTC) RCS Systemsteuerungen GmbH
The following General Trading Terms are applicable for all present and future supplies and services unless they are explicitly amended or excluded in writing. Any contrary conditions from the purchaser or supplementary agreements are only binding if they are confirmed by RCS in writing. Details of weights, measurements, services, illustrations, prices and delivery dates given in catalogues, brochures, circular letters, advertisements and price lists are only general indications and are subject to change. They are only binding if RCS explicitly guarantees them in the contract or in correspondence. Otherwise the data ruling on the day of delivery are applicable.
2. Offer, Contract, Delivery
The offers of RCS are subject to change. The customer is also obliged to purchase part deliveries without his previous consent. A customer is only entitled to withdraw from the contract on account of non-observance of the delivery date if he has set RCS an extension of at least four weeks by registered letter, unless RCS has explicitly confirmed a fixed date in writing. No other claims for damages, whether for direct or indirect damage, can be considered and any other claims under the guarantee are explicitly ruled out. Industrial action, traffic disruptions or Acts of God exempt RCS from their delivery obligation for the duration of such incidents. In such cases RCS may withdraw from the contract on account of the non-fulfilled part; but the customer is not entitled to make subsequent claims for damages.
The last price list of RCS is decisive for the calculation of individual deliveries.
4. Guarantee and Liability
Complaints about defects, wrong deliveries, differences of quantity or the absence of guaranteed features have to be lodged immediately in writing. The customer is obliged to examine the goods for defects, wrong delivery, differences of quantity and other such immediately on receipt. Wrong deliveries, differences of quantity and damage in transit have to be notified within seven days. Exchange under the guarantee is only possible if the goods are returned to RCS in the original packing with accessories (cable, software etc.). The goods may only be exchanged after receipt of the faulty parts and an exact description of the defects. No exchange or refund is possible without this description and a copy of the invoice/delivery note. The customer is only entitled to a refund or a price reduction if the defect in question could not be repaired after three attempts, for which adequate time and opportunity must be allowed. A new period of guarantee does not enter into effect because of an exchange of parts, or complete devices. Claims under the guarantee cannot be considered for parts subject to wear and tear, such as printer heads, typewriter ribbons and other materials liable to wear and tear or for cases of improper use, storage and handling of devices or interference by third parties and the opening of devices. In the event of a defect in a part of the goods supplied the customer is not entitled to lodge a complaint about the whole delivery unless alone the part of delivery which is free from defects is not usable for the customer. RCS assumes liability for defects, including the absence of guaranteed features, as follows:
4.1 Towards Consumers
RCS sells only to entrepreneurs, freelancers, tradesmen, public institutions: No sale to consumers in the sense of § 13 BGB.
4.2 Towards Craftspersons
This also includes entrepreneurs, freelancers and public institutions. All those parts or services which, within 6 months from the day of the transfer of risk, demonstrably become unusable or whose usability has been considerably impaired as a result of a circumstance occurring prior to the transfer of risk, in particular due to defective design, poor materials or poor workmanship, shall, at the discretion of RCS, be repaired, replaced or provided again free of charge. RCS’s right of choice also extends to the place of rectification.
4.3 Towards Dealers and Distributors
RCS undertakes to exchange all faulty components within six months from the date of the passing of the risk. The customer himself has to effect any necessary repairs or services. If the customer is unable to or does not wish to effect these services, he can avail himself of RCS’s services. In this case RCS will only assume the costs of necessary components and materials. If repairs and services are necessary, RCS will charge the customer separately for the labor costs at the usual market price. The services are performed in the workshop of RCS.
All shipments to RCS under the guarantee from dealers and distributors are to be sent freight prepaid and will be returned by RCS freight collect. This does not result in an extension of the guarantee. For all defective devices or parts sent to RCS which prove to be free of faults after examination, costs of examination – EUR 30 minimum – will be charged accordingly. The customer has to allow RCS fair time and opportunity to eliminate the defects. If the customer refuses to do this, RCS is entirely relieved of liability for the defects. If RCS allows a reasonable extension to lapse without repairing the defect, if a repair is impossible or if RCS refuses to undertake a repair, the customer is entitled to demand a reduction in price. If the customer and RCS are not able to reach an agreement about the amount of the reduction, the customer can demand a refund. The customer’s right to claim for defects lapses, in any event, 6 months from the date on which the risk passes.
Liability does not extend to damage incurred after the passing of the risk because of faulty or negligent treatment, inappropriate production facilities, inadequate construction work or electrical influence. RCS is not liable for the consequences of improper modifications or repairs undertaken by the customer or third parties. RCS is explicitly exempted from liability in the event of damage arising from a link-up to other devices, extension cards or external influences. Any further customer claims on RCS and its associates are ruled out, in particular any claim for damages not directly concerning the goods supplied.
Discount and expenses are borne by the customer and are due immediately. RCS assumes no liability for promptly presenting, protesting, notifying or sending documents in the case of failure to pay, unless they or their associates are guilty of intentional misconduct or gross negligence. RCS is entitled to assign financial liabilities from the business relationship to third parties. All payments are charged to the customer initially at cost price, then with interest and subsequently on RCS’s longest outstanding major claim against the customer, regardless of any other instructions from the party effecting payment. If the customer fails to pay within the time agreed, RCS is entitled to charge interest at a rate 5% higher than the prevailing discount rate of the Deutsche Bundesbank, subject to claiming further rights. If the customer is in arrears with payment and/or RCS learns of circumstances indicating the customer’s credit standing has deteriorated, RCS is entitled to demand immediate settlement of all the customer’s debts and to demand the return of goods already supplied by RCS as a precaution. In such event RCS is likewise entitled to demand advance payment or furnishing of security before delivering further goods or to withdraw from contracts not yet fulfilled. The customer has no right of retention for the goods. The customer may only use undisputed or legally determined claims on his part to offset outstanding debts. Any claims by the customer under the guarantee have no bearing on the due date for RCS’s claims. In case of SEPA direct debits you will be informed at least one day prior to maturity. An associated note can be found on the corresponding invoice.
6. Retention of Title
RCS retains the title to the goods supplied as long as it still has outstanding claims from earlier, present or future business relations with the customer. The customer is entitled to make use of goods owned by RCS in the normal course of business as long as he meets his commitments from the business relationship promptly. If the customer processes RCS’s goods, RCS is considered to be the manufacturer and acquires the title to the new goods. If other materials are employed in the processing, RCS also acquires title to the goods in the proportion of its invoice value to the value of the other materials. If, in the event of RCS’s goods being combined with an article belonging to the customer or a third party, the former are considered to be the main thing, RCS also acquires title pro rata. In this event, the customer or the third party is considered to be the keeper of the goods. If the customer has fed data into a data carrier supplied and still owned by RCS, this does not affect RCS’s right of title. The customer already now assigns RCS all claims and rights arising from the sale by a customer or a possible renting out by the customer with RCS’s permission of goods to which RCS still has rights of title, in proportion to its share of the title in the sold or rented goods so as to safeguard RCS’s rights. At RCS’s request the customer has to provide all necessary information about the status of the goods in RCS’s ownership, about the location of the rented goods and about the claims assigned to RCS according to the aforementioned provisions as well as to inform the buyer of the assignment of the rights. If the value of the goods taken back by RCS to safeguard its claims exceeds RCS’s claims by more than 25 %, RCS will, at the customer’s request, release security of the customer’s choice to this amount. RCS is to be informed immediately in writing of any real or legal recourse by a third party to the goods subject to a provision as well as of their damage or loss. In the event of seizure the record or resolution of seizure is to be furnished to RCS. The customer has to bear the costs of any necessary intervention by RCS.
7. Shipment and Passing of Risk
Unless specified otherwise by the customer, RCS will choose the most favorable mode of shipment at its discretion. For customer shipments to RCS the customer assumes all risks, especially risk in transit, until the arrival of the goods at RCS’s premises. The customer also bears the risk for freight prepaid deliveries as soon as the RCS has handed over the goods to the forwarder or the carrier or to an alternatively employed conveyor or to another person charged with the transport. Insurance of the goods against damages in transit will only be taken out at the explicit request and at the expense of the customer.
8. Right of Withdrawal
The right of revocation does not apply, as we do not sell to consumers in the sense of § 13 BGB.
RCS’s written consent is required to export RCS’s goods to non-EU countries, whether or not the customer himself is responsible for obtaining any official import and export licenses.
10. Data Storage
RCS will store and process the customer’s data on computer as far as necessary for the business and as permitted within the scope of § 26 of the Bundesdatenschutzgesetz (Federal Data Protection Act)
11. Law Applicable, Invalidity, Place of Fulfillment and Place of Jurisdiction
Ordering and delivery are governed exclusively by German law. The invalidity of single provisions of these trading terms does not affect the validity of the other provisions. A provision closest to the invalid provision will take the latter’s place. The place of fulfillment is Longuich. The place of jurisdiction for any disputes arising out of this contract relation is the Amtsgericht (lower district court) of Trier, namely also for legal disputes about bills of exchange and checks, when the customer can be considered to be a fully qualified trader.
RCS Systemsteuerungen GmbH
Im Paesch 5
Amtsgericht Wittlich, HRB 2938
Managing Director: Jürgen Räsch