These are the basic terms and conditions of System Consultancy & Operation GmbH.



1. General

General delivery, service and payment conditions of


System Consultancy & Operation GmbH
Auf der Heide 15
DE-37351 Dingelstädt
Federal Republic of Germany
Phone:  +49 (036075) 439306    Fax   -308


These general terms and conditions are only intended for use in business dealings between entrepreneurs. If deviations have not been expressly confirmed by us, they are not valid. Other contractual conditions do not apply even if we do not contradict them and the contract is carried out. Supplements and changes to the contract must be in text form to be legally effective. The waiver of the text form is only possible in text form. This does not apply to individual contractual agreements. In the event of discrepancies between the German version of these terms and conditions of another language version, the German version is authoritative.


2. Conclusion of contract

Our offers are non-binding. Orders are only binding for us if we confirm them or fulfill them by sending the goods or providing the service.


3. Prices

Our sales prices do not include packaging or transport costs. These are listed separately. The value added tax must be added.


4. Payment

Payment terms are made by agreement. In the event of default in payment and justified doubts about the solvency or creditworthiness of the purchaser, we are authorized – without prejudice to our other rights – to demand securities or advance payments for deliveries and services or to make deliveries and services only against cash on delivery or advance payment – or to make the full payment due.

Only undisputed or legally established claims entitle the customer to offset or withhold.

The customer is not allowed to assignment of claims against us.


5. Cancellation policy for consumers

Right of withdrawal:

If you are a consumer and the contractual relationship was concluded, using only means of distance communication, you can submit your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) or by returning the item. The period begins after receipt of this instruction in the written form, but not before receipt of the goods by the recipient. To meet the deadline, the timely dispatch of the cancellation or the item is sufficient. The cancellation is to be addressed to


System Consultancy & Operation GmbH
Auf der Heide 15
DE-37351 Dingelstädt
Federal Republic of Germany
Phone:  +49 (036075) 439306    Fax   -308


The right of revocation does not apply to software contracts if the data carrier supplied. There is also no right of withdrawal for goods that are manufactured according to customer specifications or that are clearly tailored to personal needs. Furthermore, there is no right of withdrawal if this was previously contractually excluded.

Consequences of cancellation:

In the event of an effective cancellation the mutually received services must be returned. Parcel deliverable items are to be returned at your expense and risk.

If you are unable or partially unable to return the received services and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. Incidentally, you can avoid the obligation to pay compensation by not using the goods like an owner and by avoiding anything that may impair their value.


6.Delivery and performance time

Delivery and service deadlines are only binding for us if they have been expressly agreed in text form. Other times and deadlines are not binding and can be exceeded to a reasonable extent (approx. 4 weeks). The time at which the delivery is sent is decisive for compliance with the agreed delivery deadlines. The delivery and service deadlines are extended appropriately in the event of labour disputes, in particular strikes and lockouts or lockdowns, as well as in the event of unforeseen obstacles that are beyond the control of the supplier, so far as such obstacles can be proven to have a significant impact on the completion or delivery of the delivery item or the performance. This also applies if the circumstances occur with subcontractors. Delays due to export checks or approval procedures override deadlines and delivery times. If agreed deadlines are exceeded or non-binding deadlines are exceeded by the above period (approx. 4 weeks), the customer can set a postponement period of at least 3 weeks and withdraw from the contract after this grace period has expired without result.


7. Transfer of risk

The risk is transferred to the customer at the latest when the delivery parts are sent, even if partial deliveries are made or the supplier has taken on other services.

If the dispatch is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer on the day of readiness for dispatch.


8. Retention of title

The sold goods remain our property until our claims from the business relationship with the customer have been paid completely. The retention of title also extends to the full value of the products resulting from processing, mixing or combining our goods, whereby we become the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their ownership rights remain, we shall acquire co-ownership in proportion to the invoice values ​​of these processed goods.

The customer is authorized to dispose of the purchased goods in the ordinary course of business as long as he is not in default of payment to us. Pledging and assignment as security of the goods are not permitted. The purchaser hereby assigns to us all claims against third parties arising from the resale or in the amount of our possible co-ownership share as security. He is authorized to collect these for our account until cancellation or until his payments to us is done. Access by third parties to the goods and claims belonging to us must be reported to us immediately by the customer by registered letter. If the customer acts contrary to contract – especially in the event of default in payment – we are entitled to take back the goods at customer’s expense. For this purpose, the customer hereby transfers to us his rights for surrender against third parties. Exercising the retention of title does not mean the withdrawal from the contract. Insofar as the value of the securities existing exceeds our claims by more than 20% in total, we can release securities of our choice at the customer’s request. We reserve the right to use external service providers to protect our rights and to assign our claims to third parties.


9. Warranty

Unless otherwise agreed in writing, the warranty period for all sold new products, systems and services, are corresponding to the legally regulations.

The warranty does not extend to consumables or wearing parts.

In the event of justified complaints, we will, at our option, remedy the defects or deliver defect-free goods. Only after the defect rectification has failed or defective goods have been delivered again, the purchaser can reduce the purchase price. If the defect is not insignificant, the Customer may also withdraw from the contract and/or demand compensation. The customer shall give us the opportunity to remedy the defect complained; as long as he refuses to do so, we shall be released from the warranty obligation. If the customer has not observed the instructions for use when using the goods and/or has interfered with, modified or repaired the goods, he shall be obliged to prove that the defect is not due to this. The purchaser must comply with the contractual obligations and the agreed terms of payment. If, however, the contract is part of the operation of his trade, the customer may withhold payments only if a notice of defects is asserted, without any doubt upon the justification.


10. Damages

We are liable for damages, regardless of the legal grounds, only:

  • according to the Product Liability Law;
  • if it is intentional;
  • in case of gross negligence on the part of proprietors, legal representatives or senior employees;
  • in case of willful deception;
  • in the event of non-compliance of a assumed guarantee;
  • for culpable injury to life, body or health;


  • for culpable breach of an essential obligation that the fulfilment of the contract is endangered.

The claim for damages shall be limited, if extended by law, to the invoice value of our quantity of goods directly involved in the event causing the damage. In any case, however, this claim for damages shall at least be limited to the foreseeable damage typical for the contract. Further claims for damages are excluded.


11. Supplementary conditions

The performance of the contract is subject to the absence of obstacles due to national or international regulations, in particular export control regulations, embargoes, or other restrictions. The contracting parties undertake to provide all the information and documents required for the export/transfer. Delays due to export checks or approval procedures shall override deadlines and delivery times. If necessary authorisations are not granted or not granted in time, the contract is be deemed not to have been concluded in respect of the goods concerned; claims for damages shall be excluded to this extent and due to the above-stated deadlines.

Use of the goods only for the intended purpose.


12. Jurisdiction

The place of jurisdiction is the same as the place of performance.



37351 Dingelstädt, Januar 2021