Terms and Conditions

General terms and conditions for hardware and software

1. Validity of the general terms and conditions of euroNAS GmbH

1.1 For the business relationship between euroNAS GmbH and the customer, the following general terms and conditions apply in their version valid at the time of the order. Contrary or deviating from our Terms and Conditions of Purchase of the purchaser, we do not accept, even if we execute the order in knowledge of deviating conditions without objection. Current status: see Internet www.euronas.de or on request. In addition to this, the manufacturer’s license conditions enclosed with the products apply. Product names and logos are the property of the manufacturer and may not be used without permission. Product illustrations are exemplary illustrations and may differ from the products supplied.

Differing conditions of the customer are not recognized.

1.2 Our information and offers regarding the devices and product descriptions are non-binding. Misprints and errors are reserved. With regard to the constant techn. Further development and improvement of the products we reserve ourselves changes in construction and execution. This also applies to changes that serve to maintain the ability to deliver.

2. Terms of payment and prices

All invoices of euroNAS GmbH are payable immediately from the invoice date. Decisive is the date of receipt of the payment by euroNAS Storage. In the event of default, euroNAS GmbH is entitled to withhold further deliveries and services. In the event of default of payment by the customer, euroNAS GmbH is entitled to charge interest in the amount of 5% above the applicable base interest rate.

All prices are exclusive of VAT.

euroNAS GmbH is entitled to make partial deliveries.

3. Delivery and shipping

All offers are non-binding. Delivery occurs only as long as the stock lasts. All delivery dates quoted by euroNAS GmbH are non-binding delivery dates, unless a delivery date has been expressly agreed in writing. If the purchaser requires changes or additions to the order after the order has been placed or if other circumstances render euroNAS GmbH unable to comply with the delivery date, even though euroNAS GmbH is not responsible for these circumstances, the delivery date shall be postponed for a reasonable period. If the euroNAS GmbH on the timely performance of the contract, z. B. prevented by procurement, manufacturing or delivery disruptions at her or their suppliers, the general legal principles apply with the proviso that the customer can set a grace period of six weeks after the expiry of one month. If non-compliance with a binding delivery date is demonstrably attributable to mobilization, war, riots, strikes or lockouts or other circumstances not attributable to euroNAS GmbH under general legal principles, the delivery period shall be extended accordingly. The customer can withdraw from the contract if he sets a reasonable period of grace for euroNAS GmbH after expiry of the extended deadline. The resignation must be made in writing if euroNAS GmbH does not fulfill its contract within the period of grace. If the fulfillment of the contract becomes completely or partially impossible for the aforementioned reasons, euroNAS GmbH will be released from its delivery obligation. If non-compliance with a binding delivery date is demonstrably attributable to mobilization, war, riots, strikes or lockouts or other circumstances not attributable to euroNAS GmbH under general legal principles, the delivery period shall be extended accordingly. The customer can withdraw from the contract if he sets a reasonable period of grace for euroNAS GmbH after expiry of the extended deadline. The resignation must be made in writing if euroNAS GmbH does not fulfill its contract within the period of grace. If the fulfillment of the contract becomes completely or partially impossible for the aforementioned reasons, euroNAS GmbH will be released from its delivery obligation. If non-compliance with a binding delivery date is demonstrably attributable to mobilization, war, riots, strikes or lockouts or other circumstances not attributable to euroNAS GmbH under general legal principles, the delivery period shall be extended accordingly. The customer can withdraw from the contract if he sets a reasonable period of grace for euroNAS GmbH after expiry of the extended deadline. The resignation must be made in writing if euroNAS GmbH does not fulfill its contract within the period of grace. If the fulfillment of the contract becomes completely or partially impossible for the aforementioned reasons, euroNAS GmbH will be released from its delivery obligation. Strike or lockout or other general legal principles attributable to euroNAS GmbH, the delivery period is extended appropriately. The customer can withdraw from the contract if he sets a reasonable period of grace for euroNAS GmbH after expiry of the extended deadline. The resignation must be made in writing if euroNAS GmbH does not fulfill its contract within the period of grace. If the fulfillment of the contract becomes completely or partially impossible for the aforementioned reasons, euroNAS GmbH will be released from its delivery obligation. Strike or lockout or other general legal principles attributable to euroNAS GmbH, the delivery period is extended appropriately. The customer can withdraw from the contract if he sets a reasonable period of grace for euroNAS GmbH after expiry of the extended deadline. The resignation must be made in writing if euroNAS GmbH does not fulfill its contract within the period of grace. If the fulfillment of the contract becomes completely or partially impossible for the aforementioned reasons, euroNAS GmbH will be released from its delivery obligation. if euroNAS GmbH does not fulfill its contract within the grace period. If the fulfillment of the contract becomes completely or partially impossible for the aforementioned reasons, euroNAS GmbH will be released from its delivery obligation. if euroNAS GmbH does not fulfill its contract within the grace period. If the fulfillment of the contract becomes completely or partially impossible for the aforementioned reasons, euroNAS GmbH will be released from its delivery obligation.

The costs of shipping and transport insurance are always borne by the customer, whereby the choice of the shipping route and the shipping method at the discretion of euroNAS GmbH. The customer is obliged to inspect the goods immediately upon arrival and to notify euroNAS GmbH in writing of any visible damage in transit and any damage to the packaging. Same applies to hidden damages. If euroNAS GmbH loses its claims against the insurance or the sub-supplier due to the failure to fulfill this obligation, the customer shall be liable for all costs resulting from this breach of duty. The risk passes to the customer as soon as the goods leave the factory or warehouse of euroNAS GmbH.

4. Retention of title

Supplied hardware shall remain the property of euroNAS GmbH until full payment of all claims of euroNAS GmbH resulting from the business relationship with the customer in principal and minor matters. The customer is obliged to properly insure the items subject to the retention of title of euroNAS GmbH (ie theft, fire, water and low-current insurance) and to prove such insurance to euroNAS GmbH upon request. In the event of damage, the customer’s insurance claim is deemed assigned to euroNAS GmbH. The customer is not authorized to dispose of the items subject to retention of title. In the event of seizure or confiscation, the customer must inform euroNAS GmbH in writing without delay and must inform third parties of the retention of title of euroNAS GmbH without delay in a suitable form. In the event that the customer nevertheless sells the delivery items and euroNAS GmbH should approve this, the euroNAS GmbH customer assigns all claims against his customers upon conclusion of the contract. The customer is obliged to give euroNAS GmbH all information necessary to assert these rights and to provide the required cooperation.

5. Right of revocation / cancellation policy

5.1 Sofern Sie Verbraucher im Sinne des § 13 BGB sind, können Sie Ihre Vertragserklärung innerhalb von 14 Tagen ohne Angabe von Gründen in Textform (z. B. Brief, Fax, E-Mail) oder – wenn Ihnen die Sache vor Fristablauf überlassen wird – durch Rücksendung der Sache widerrufen. Die Frist beginnt nach Erhalt dieser Belehrung in Textform, jedoch nicht vor Eingang der Ware beim Empfänger (bei der wiederkehrenden Lieferung gleichartiger Waren nicht vor Eingang der ersten Teillieferung) und auch nicht vor Erfüllung unserer Informationspflichten gemäß Artikel 246 § 2 in Verbindung mi § 1 Abs. 1 und 2 EGBGB sowie unserer Pflichten gemäß § 312e Abs. 1 Satz 1 BGB in Verbindung mit Artikel 246 § 3 EGBGB. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs oder der Sache.Der Besteller kann seine Vertragserklärung innerhalb von 2 Wochen ohne Angabe von Gründen in Textform (z.B. Brief, Fax, E-Mail) widerrufen. Die Frist beginnt frühestens mit Erhalt der Ware bzw. dieser Belehrung.

To maintain the cancellation period, the timely dispatch of the revocation or the goods is sufficient.

The revocation must be sent to:

euroNAS GmbH
Ettaler Str.3
82166 Gräfelfing
Germany
Email: sales@euronas.com

In the case of an effective cancellation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not return the received achievement completely or partially or only in a deteriorated condition, you must pay us compensation for the value if necessary. This does not apply to the surrender of goods if the deterioration of the item is solely due to its examination – as it would have been possible for you in a retail store. Incidentally, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that impairs its value. Transportable items are to be returned at our risk. You have to bear the costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 40 euros or if you at a higher price of the thing at the time of the revocation still not the consideration or a contract agreed partial payment. Otherwise, the return is free for you. Non-parcels are picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt. if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at the higher price of the item at the time of revocation. Otherwise, the return is free for you. Non-parcels are picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt. if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at the higher price of the item at the time of revocation. Otherwise, the return is free for you. Non-parcels are picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt. Non-parcels are picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt. Non-parcels are picked up at your place. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.

6.Haftungsbeschränkung

EuroNAS GmbH is liable for intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, euroNAS GmbH shall only be liable if a material contractual obligation (cardinal obligation) is violated or if there is a case of default or impossibility. In the case of liability for ordinary negligence, this liability shall be limited to those damages which are foreseeable or typical. Liability for the lack of guaranteed properties, for malice, for personal injury, legal defects, according to the Product Liability Act and the Federal Data Protection Act remains unaffected.

In the case of a claim of euroNAS GmbH from warranty or liability, a contributory negligence of the customer is to be considered appropriately, in particular in the case of insufficient error messages or insufficient data backup. Inadequate data backup exists in particular if the customer has failed to take precautions by appropriate state-of-the-art safeguards against outside influences, in particular against computer viruses and other phenomena that can jeopardize individual data or a complete dataset.

7. Warranty for hardware

euroNAS GmbH warrants that the goods are free from defects that cancel or reduce the value or suitability for normal or contracted use.

euroNAS GmbH and the customer agree that explanations and descriptions of both hardware and software contained in the manual and / or price list do not constitute an assurance of particular haracteristics.

The warranty period is 24 months and starts on the day of delivery. If the customer is a consumer within the meaning of the Civil Code, the warranty period is two years from the delivery of the goods. During the warranty period occurring defects the customer has to report euroNAS GmbH immediately in writing. The warranty does not cover the removal of defects caused by normal wear, external influences or operating errors. The warranty shall lapse if the customer changes devices, elements or additional devices without the consent of euroNAS GmbH or has them modified by third parties, unless the customer provides full proof.

If the notification of defects proves to be justified, the euroNAS GmbH customer sets a reasonable deadline for supplementary performance. The customer informs euroNAS GmbH about the type of remedy – improvement of delivered or delivery of a new, faultless thing – he wishes. However, euroNAS GmbH is entitled to refuse the chosen supplementary performance, if this can only be carried out with disproportionate costs for it and if the other type of supplementary performance would not entail significant disadvantages for the customer. In addition, euroNAS GmbH may refuse supplementary performance if it can only be performed at disproportionate cost.

In order to carry out subsequent performance for the same or directly related defect, euroNAS GmbH has two attempts within the deadline set by the customer. After the second failed attempt at subsequent performance, the customer can withdraw or reduce the contract. The right of rescission or reduction can be exercised after the first unsuccessful supplementary performance attempt, if a second attempt within the set deadline can not be expected of the customer. If the supplementary performance has been refused under the conditions set out above, the customer is entitled to the right of reduction or withdrawal immediately.

The resignation due to a minor defect is excluded.

If the customer has made use of euroNAS GmbH for warranty and if it turns out that either there is no defect or the defect claimed does not oblige euroNAS GmbH to provide a guarantee, the customer shall have gross negligence or default on the use of euroNAS GmbH intentionally to replace all expenses incurred by euroNAS GmbH.

The delivery of a user manual in English is permitted if the subject matter of the contract has not yet been completely localized for the respective market. The same applies if the subject of the contract is generally only available in English.

8. Warranty for software

The customer will inspect the software immediately after delivery and promptly notify the seller of any obvious errors in writing.

For a period of twelve months from the time of delivery, euroNAS GmbH guarantees that the software essentially corresponds to the program description in the accompanying written material. If the customer is a consumer within the meaning of the German Civil Code, the warranty period is two years from the date of delivery.

If a defect occurs, the defect and its manifestation must be described in such detail in a written notice of defect that a check of the defect (eg submission of the error messages) is feasible and the exclusion of an operating error (eg specification of the working steps ) is possible.

The resignation due to a minor defect is excluded.

If the customer has made use of euroNAS GmbH for warranty and if it turns out that either there is no defect or the defect claimed does not oblige euroNAS GmbH to provide a warranty, the customer shall have gross negligence if he uses euroNAS GmbH or intentionally to compensate for all expenses incurred.

No liability is assumed that the software is suitable for the purposes of the customer and works together with existing user software.

The delivery of manuals and documentation beyond the written material / program description supplied with the software and the user guidance and / or online help implemented in the software, or an instruction, is only owed if this has been expressly agreed in writing between the parties. In the case of such express agreement, the content, language and scope of a manual and / or documentation to be expressly supplied are not met and the delivery of a quick reference guide is sufficient unless the parties have agreed further specifications in writing.

9. Terms and Conditions for NFR (Not for Resale) Versions – Testing Purposes Only

The NFR versions are exclusively intended for testing and internal use. You may not sell, rent, distribute, or otherwise use the NFR versions for commercial purposes. Any use of the NFR versions for commercial or business purposes is strictly prohibited.
The NFR versions may come with certain limitations that affect their usage and functionality. These limitations are in place to ensure that the NFR versions are solely used for testing purposes and cannot be utilized for resale or commercial purposes.

10. Confidentiality

The euroNAS GmbH and the customer mutually agree to keep all business and trade secrets of the other side for an indefinite period of time and not to pass them on to third parties or to exploit them in any way. The documents, offers, concepts, drawings, graphics, screendesigns, trademarks, e-mails and other information that the other contracting party receives based on the business relationship may only be used within the framework of the respective contractual purpose.

11. Evidence clause

Data stored in electronic registers or otherwise in electronic form at euroNAS GmbH shall be considered as admissible evidence for the proof of data transmissions, contracts and executed payments between the parties.

12. Property rights

Without the explicit approval of euroNAS GmbH, the buyer is not permitted to export the goods purchased by euroNAS GmbH to countries outside the EC. In addition, the buyer must observe all relevant export regulations, in particular those under the German Foreign Trade Ordinance and, if applicable, regulations under US law.

13. Export

Buyer acknowledges that the resale of any US imported products is subject to US export control regulations governing the export and re-import of hardware, software, technical data carriers, and immediate products of technical data carriers, including related services restrict the use of these products. Buyer agrees that it will not export or re-export, directly or indirectly, any US-derived products, information or documentation related thereto to any country or end-user unless it has obtained the necessary prior approval from the appropriate source Authority to have caught up. Required is the approval of the US Department of Commerce, or equivalent department. The same applies to all uses by the end user, which are limited by US regulations. These provisions relate in particular to

Countries currently subject to restrictions are:
Afganistan, Cuba, Haiti, Iran, Iraq, North Korea, Syria and Vietnam;

End users for whom restrictions apply:
all end users that the buyer knows or has reason to believe that the products imported from the US are used for the design, development or production of rockets or in rocket technology, in connection with nuclear weapons or in chemical and nuclear biological weapons are used;

End use for which restrictions apply:
any use of products imported from the United States in connection with the design, development or production of missiles or rocket technology, nuclear weapons or weapons technology or chemical and biological weapons.

14. Miscellaneous

Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. On the contrary, what comes next in the place of the invalid provisions comes closest to the intended purpose.

Additional agreements are not made. Contractual supplements will only be effective if confirmed in writing.

The customer may assign his rights arising from a business relationship with euroNAS GmbH only with the written consent of euroNAS GmbH. An offsetting against the purchase price claim is the customer only with recognized or legally established counterclaims possible.

Jurisdiction is, as far as legally permissible, the seat of the (main branch) in the Federal Republic of Germany. It is exclusively German law.