Imprint and terms of use

General Terms and Conditions (GTC)
Our services and offers are provided exclusively on the basis of our General Terms and Conditions.
We will be happy to send them to you upon request or as part of the quotation process.

General repair conditions
The following conditions apply exclusively to repairs and device updates.
They are not applicable if we perform repairs based on warranty obligations or a guarantee.

1. Warranty/guarantee claim
For any claim arising from the statutory right to claim under warranty or guarantee, the customer must register and provide evidence of this when placing the order. Proof is provided by presenting the order, the order confirmation, the delivery bill or the invoice. Any warranty or guarantee claim expires in the event of third-party intervention, force majeure, water damage, improper operation, incomplete or disassembled devices, as well as electronic devices that were sent in packaging that is not ESD-compliant.

2. Delivery
The equipment to be repaired must be unpacked in assembled condition and shipped with the return address, shipper’s phone number and a description of the defect (RMA form). Shipping invoices for freight collect shipments will not be accepted.

3. Execution of the repair
Repair orders for older, discontinued models can only be carried out subject to availability of spare parts. Please note that repair dates are always non-binding and the final repair time will be determined by the actual repair effort required. If the device is not repairable or the repair is not reasonable for economic reasons, we will inform the customer accordingly. Upon request, the non-repairable device will be returned at the customer’s expense. Please note that if the customer does not order the return of the non-repairable device within 8 weeks after receipt of the information, it will be disposed of. Possible disposal fees will be charged.

4. Cost estimates
Cost estimates are non-binding and subject to a charge. The costs for the cost estimate will be deducted from the repair price when the order is placed. Our cost estimates are made on the basis of an unassembled or only partially disassembled device. Should further defects or additional expenses occur during the execution of the repair, we will inform the customer and will only execute the repair after issuing a new written order if the additional expenses exceed ten percent of the origi-nally estimated repair amount. The commitment to a cost estimate expires if the repair order is not placed within four weeks after the cost estimate has been sent.

5. Storage
We reserve the right, after a storage period of eight weeks after sending the cost estimate as well as two subsequent custo-mer information, to treat the device as abandoned and to charge the customer for any disposal and storage fees incurred. Abandoned products will be used at the discretion of BAB TECHNOLOGIE GmbH.

6. Shipping
The return shipment of repaired equipment is always carried out by our in-house forwarding agent. The purchaser will be charged with additional costs due to specifications of the purchaser.

7. Warranty for Repairs / Periods
We provide a warranty of twelve months from delivery on the work carried out by us and the spare parts used. In the event of a defect for which we are responsible, we shall be entitled to remedy the defect (rectification). If we are not prepared or not in a position to remedy the defect or if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the remedy of the defect fails in any other way, the customer shall have the right to withdraw from the contract (cancellation of the repair contract) or to a corresponding reduction (reduction of the repair price). Defects caused by a circumstance for which the customer is responsible are excluded from the warranty. This includes damage caused by improper measures or measures contrary to the contract on the part of the customer in the context of transport, installa- tion, connection, operation or storage. Claims for damages are excluded unless we are guilty of intent or gross negligence.

8. repair costs and payment
For all chargeable repairs, we charge the costs on the basis of the time required and the material used. In addition, the shipping costs for the return of the repaired device. Please note that we perform repairs only against prepayment.

License Agreement

IMPORTANT: DO NOT USE OR INSTALL OUR HARDWARE AND SOFTWARE PRODUCTS AND ALL RELATED ELEMENTS (HEREAFTER REFERRED TO AS “SOFTWARE”) UNTIL YOU HAVE READ THE FOLLOWING TERMS AND CONDITIONS. BY INSTALLING OR USING THE HARDWARE AND SOFTWARE PRODUCTS, YOU AGREE TO THE CONTENTS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE HARDWARE AND SOFTWARE PRODUCTS.

1. License

The software is royalty-free and can only be obtained from BAB TECHNOLOGIE in conjunction with its products or compatible products. BAB TECHNOLOGIE hereby grants the licensee a personal, non-exclusive, and non-transferable right to use the software in conjunction with the hardware products on which the software is installed by the manufacturer.

2. Usage Restrictions

The licensee is not authorized to reverse engineer, decompile, disassemble, or otherwise reconstruct any part of the software, nor to make any additional copies of the software or any parts thereof. The licensee is not permitted to lend, lease, sublicense, sell, distribute, rent, or otherwise transfer the software to third parties, unless otherwise stipulated in this software license agreement; furthermore, creating derivative works based on the software, in whole or in part, or modifying, adapting, merging, transferring, or altering it is prohibited.

3. Confidentiality

The licensee receives the software with the obligation of confidentiality; it is the licensee’s responsibility to take all necessary measures to continuously ensure the protection of the software’s property and its confidential treatment. Specifically, the licensee is prohibited from disclosing the software to third parties in any form or granting sublicenses, lending, transferring, leasing, or otherwise transferring the software, unless expressly permitted by this software license agreement.

4. Modifications, Software Updates (Upgrades & Updates)

The software is subject to modifications by the licensor. This license agreement does not grant the licensee any rights or licenses to improvements, modifications, or updates of the software or any other support services. The licensee may choose to obtain such improvements, modifications, or updates and support services from the licensor. The licensor reserves the right to offer these improvements, modifications, or updates and support services for a fee or free of charge.

5. Warranty

The licensee must immediately report any defects to the licensor in writing, i.e., any immediately apparent defects must be reported within 10 (ten) days of delivery. If no written notices of defects are received by the licensor within the specified period, no claims can be derived from these defects. The licensor makes no warranty that the software or its data structures are free from “bugs” (programming errors). The warranty provided here does not cover malfunctions due to improper operation or other causes outside the licensor’s control and for which the licensor has not given written consent. Any other warranty claims are excluded. Further claims for any reasons are excluded.

6. Liability

The licensor is liable for unlimited damages resulting from intentional misconduct or gross negligence and for the absence of guaranteed properties. In cases of slight negligence, the licensor is liable without limitation for damages resulting from injury to life, body, or health. If the licensor is delayed in performance due to slight negligence, if performance has become impossible, or if the licensor has breached an essential contractual obligation, liability for resultant material and financial damages is limited to the typical foreseeable damage. An essential obligation is one whose fulfillment enables proper execution of the contract in the first place, whose breach endangers the achievement of the purpose of the contract, and on whose compliance the licensee can regularly rely. Liability for all other damages is excluded. Liability for damages resulting from faulty products made with the licensor’s software (e.g., logic groups, logic elements, scripts, or templates of any kind) is expressly excluded. Liability under the Product Liability Act remains unaffected. The licensor assumes no liability for damages caused by malfunctions or technical failures of actuators and sensors.

7. Applicable Law and Jurisdiction

This software license agreement is governed by the laws of the Federal Republic of Germany, excluding any provisions of international private law (conflict of laws).

The place of performance for all services as well as the jurisdiction is the seat of the licensor. The same applies if the licensee does not have a general jurisdiction in Germany or the EU or if the residence or usual abode is not known at the time the lawsuit is filed. The right to call upon the court at another legal jurisdiction remains unaffected.

The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

8. Miscellaneous

The invalidity of any provision of this software license agreement does not affect the validity of the remaining provisions of this agreement. This software license agreement constitutes the complete and exclusive statement of intent between the parties regarding this software license agreement. This software license agreement can only be amended, modified, or supplemented by a written agreement.

9. Reservation of Rights

The licensor reserves all rights not expressly mentioned in this software license agreement.

Electrical and electronic equipment contains harmful substances that can have a negative impact on our environment and our human health if it is not disposed of properly or if it is not properly registered.In this regard, the symbol of the crossed-out dustbin indicates that the electrical and electronic equipment may not be disposed of with conventional household waste after its useful life, but must be collected separately for the purpose of reuse, recycling and recovery. Public collection points for electrical and electronic equipment are available in your area, allowing you to take them back free of charge. Furthermore, we would like to draw your attention to your own responsibility with regard to the deletion of personal data on the old devices to be disposed of. A complete list of collection points can be found at: https://www.stiftung-ear.de/verzeichnisse/. Waste from electrical and electronic equipment can thus be avoided and resources used more efficiently.

Registration numbers:

ElektroG: WEEE-Reg.-Nr.: DE 55712707