Legal conditions

(1) These General Purchasing Conditions (AEB) apply to all business relationships with our business partners and suppliers (“contractors”). The AEB only apply if the contractor is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

(2) The AEB apply in particular to contracts for the sale and/or delivery of movable property (“goods”), regardless of whether the contractor manufactures the goods himself or purchases them from suppliers (Sections 433, 650 BGB). Unless otherwise agreed, the AEB in the version valid at the time of the contractor's appointment or in any case in the version last notified to him in text form shall also apply as a framework agreement for similar future contracts, without us having to refer to them again in each individual case.

(3) These general terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the contractor will only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This consent requirement applies in any case, for example even if we accept the supplier's deliveries without reservation in knowledge of the contractor's general terms and conditions.

(4) Individual agreements made with the contractor in individual cases (including ancillary agreements, additions and changes) always take precedence over these General Terms and Conditions of Purchase. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.

(5) Legally relevant declarations and notifications from the contractor regarding the contract (e.g. setting of a deadline, reminder, withdrawal) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts as to the legitimacy of the declarant, remain unaffected.

(6) References to the validity of legal regulations are only for clarification purposes. Even without such clarification, the statutory provisions therefore apply unless they are directly amended or expressly excluded in these General Terms and Conditions.

(1) Our order is considered binding at the earliest upon written submission or confirmation. The contractor must inform us of obvious errors (e.g. spelling and calculation errors) and incompleteness of the order, including the order documents, for the purpose of correcting or completing them before acceptance; otherwise, the contract is considered not concluded.

(2) Offers and cost estimates from the contractor are made free of charge and do not create any obligations for Econocom Remarketing (formerly bb-net), unless required by law.

(3) The contractor is required to confirm our order in writing within a period of 2 days or, in particular, to execute it without reservation by sending the goods (acceptance).
Late acceptance is considered a new offer and requires acceptance by us.

(4) In the event of changes to the content of the contract, such as the scope of delivery and services, which prove absolutely necessary from the contractor's point of view, the contractor will notify Econocom Remarketing of the expected additional costs immediately, in writing and before they are implemented. All changes and their implementation require the prior written consent of Econocom Remarketing.

(5) All goods, furnishings and equipment delivered to the client must comply with legal requirements. On request, the contractor must provide Econocom Remarketing with appropriate certifications and/or declarations of conformity immediately and free of charge. This applies in particular, but not exclusively, to goods with CE, RoHS or EAR markings.

(6) Contract resolution rights are determined in accordance with legal regulations.

(7) The client may terminate the contract without notice for good cause.

(8) In the event of termination, without prejudice to the client's other rights, there is only a right to remuneration for the services provided up to the time of termination, which can be used by the client.

(1) The delivery time specified by the client in the order is binding. If the delivery time is not specified in the order and has not been otherwise agreed upon, it is 3 days from the conclusion of the contract. The contractor is obliged to inform us immediately in writing if he is unlikely to be able to meet agreed delivery times — for whatever reason.

(2) Early services or deliveries as well as any partial or partial delivery require the express prior written consent of the client.

(3) If the contractor does not perform his service or does not perform it within the agreed delivery time or is in default, our rights — in particular to cancellation and compensation — are governed by the statutory provisions. The regulations in paragraph 4 remain unaffected.

(4) If the contractor is in default, we may — in addition to further legal claims — demand lump sum compensation for our default damage of 0.5 percent of the net price per working day, but in total no more than 5 percent of the net price of the goods delivered late. Econocom Remarketing reserves the right to prove that higher damage has occurred. The contractor reserves the right to prove that no damage at all or only significantly less damage has occurred.

(1) Without our prior written consent, the contractor is not entitled to have the service owed by him provided by third parties (e.g. subcontractors). The contractor bears the procurement risk for his services, unless otherwise agreed in individual cases (e.g. limitation of stocks).

(2) Delivery within Germany is “free of charge” to the location specified in the order. If the destination is not specified and nothing else has been agreed upon, delivery must be made to our registered office in Schweinfurt. The respective place of destination is also the place of fulfilment for delivery and any subsequent performance (payment obligation).

(3) Delivery from third countries must always be made by CIF in accordance with Incoterms 2010.

(4) The delivery must be accompanied by a delivery note specifying the date (issue and dispatch), content of the delivery (item number and quantity) and our order ID (date and number). If the delivery note is missing or incomplete, we are not responsible for any resulting delays in processing and payment. A corresponding shipping note with the same content must be sent to us separately from the delivery note.

(1) The price specified in the order is binding. All prices include statutory value added tax, unless this is shown separately.

(2) Unless otherwise agreed in individual cases, the price includes all services and ancillary services provided by the contractor (e.g. assembly, installation) as well as all additional costs (e.g. proper packaging, transport costs including any transport and liability insurance).

(3) The agreed price is due for payment within 30 calendar days of complete delivery and service (including any agreed acceptance) and receipt of a proper invoice. If we make payment within 14 calendar days, the contractor grants us a 3 percent discount on the net amount of the invoice. In the case of bank transfer, payment is made on time if our bank receives our transfer order before the payment deadline expires; we are not responsible for delays caused by the banks involved in the payment process.

(4) We do not owe any due interest. The legal regulations apply to late payments.

(5) We are entitled to offsetting and retention rights as well as the plea of unfulfilled contract to the extent permitted by law. In particular, we are entitled to withhold payments due as long as we are still entitled to claims against the contractor arising from incomplete or defective services.

(6) The contractor has a right of offsetting or withholding only due to legally established or undisputed counterclaims.

(1) Delivery of movable goods to be manufactured or manufactured requires written acceptance by Econocom Remarketing, as well as assembly services. The transfer of risk takes place upon acceptance of the service by Econocom Remarketing. Implied acceptance, in particular as a result of use of the services by Econocom Remarketing, is excluded.

(2) The risk of accidental loss and accidental deterioration of the item is transferred to us upon delivery at the place of fulfilment. Insofar as acceptance has been agreed, this is decisive for the transfer of risk. In all other respects, the statutory provisions of work contract law apply mutatis mutandis in the event of acceptance. Delivery or acceptance is equivalent if we are in default of acceptance.

(3) Statutory provisions apply to the occurrence of our default in acceptance. However, the contractor must also expressly offer us his services if a specific or determinable calendar period has been agreed for an action or cooperation on our part (e.g. provision of material). If we are in default of acceptance, the contractor may demand reimbursement of its additional expenses in accordance with the statutory provisions (Section 304 BGB). If the contract concerns an indefensible item to be manufactured by the contractor (individual production), the contractor is only entitled to further rights if we are committed to cooperation and are responsible for the failure to cooperate.

(1) Should the contractor deviate from the agreed service, he will immediately and expressly inform Econocom Remarketing of this.

(2) Should there be deviating solutions to fulfill the agreed service which are more economically or technically suitable, the contractor undertakes to inform Econocom Remarketing directly and comprehensively in writing.

(3) Should the contractor recognize that he is unable to fulfill his contractual obligations in whole or in part or not on time, he must inform Econocom Remarketing immediately and giving reasons.

(1) The contractor is obliged to collect and professionally and completely dispose of packaging material free of charge. At the request of the contractor, appropriate proof of legally compliant disposal must also be provided by third parties. Should the contractor fail to comply with this obligation, the client is entitled to charge the contractor in full for the costs of professional collection and disposal and the associated expenses.

(2) The contractor undertakes to comply with the obligations under the Packaging Ordinance, in particular with regard to proper licensing, to prove this to the client upon request and to fulfill the obligations arising from the packaging regulations for the client. Should these not be transferable, the contractor will assist the client in fulfilling them free of charge.

(1) The client reserves the right of ownership and copyright to illustrations, plans, drawings, calculations, execution instructions, product descriptions and other documents. Such documents are to be used exclusively for the contractual service and returned to us after completion of the contract. The documents must be kept secret from third parties, even after the contract has ended. The confidentiality obligation only expires when and to the extent that the knowledge contained in the documents provided has become generally known.

(2) The above provision applies mutatis mutandis to substances and materials (e.g. software, finished and semi-finished products) as well as to tools, templates, samples and other objects that we provide to the contractor for production. As long as they are not processed, such objects must be stored separately at the contractor's expense and insured to an appropriate extent against destruction and loss.

(1) An extended, transferred, extended or downstream retention of title by the contractor to the ordered goods is not recognized by the client.

(2) If the client accepts an offer from the contractor to transfer ownership due to payment of the purchase price (simple retention of title), the retention of title expires at the latest when the purchase price for the goods is paid.

(1) Our rights in the event of material and legal defects in the goods (including incorrect and underdelivery as well as improper assembly, faulty assembly, operating or operating instructions) and other breaches of duty by the contractor shall be governed by the statutory provisions, unless otherwise specified below.


(2) According to legal regulations, the contractor is particularly liable for ensuring that the goods have the agreed quality when the risk is transferred to us. In any case, those product descriptions which — in particular by name or reference in our order — are the subject matter of the respective contract or have been included in the contract in the same way as these general terms and conditions are considered to be an agreement on the quality. It makes no difference whether the product description comes from us, from the contractor or from the manufacturer.

(3) Contrary to Section 442 (1) (2) BGB, the client is fully entitled to claims for defects even if the defect remained unknown to the client upon conclusion of the contract as a result of gross negligence.

(4) The commercial inspection and notification obligation is subject to the statutory provisions (Sections 377, 381 HGB) with the following stipulation: Our inspection obligation is limited to defects which come to light during our incoming goods inspection under external inspection, including delivery documents (e.g. transport damage, incorrect and short delivery) or are apparent during our quality control in the sampling process. Insofar as acceptance has been agreed, there is no obligation to examine. In addition, it depends on the extent to which an investigation is feasible in the ordinary course of business, taking into account the circumstances of the individual case. Our duty to give notice of defects discovered later remains unaffected. Notwithstanding our obligation to investigate, our complaint (notification of defects) is in any case considered immediate and timely if it is sent within 5 working days from discovery or, in the case of obvious defects, from delivery.

(5) Subsequent performance also includes removal of the defective goods and reinstallation, provided that the goods have been installed in or attached to another item in accordance with their type and intended use; our legal claim to reimbursement of corresponding expenses remains unaffected. The contractor bears the expenses required for the purpose of inspection and subsequent performance even if it turns out that there was actually no defect. Our liability for damages in the event of an unjustified request for rectification of defects remains unaffected; in this respect, however, we are only liable if we have recognized or failed to recognize through gross negligence that there was no defect.

(6) Without prejudice to our legal rights and the regulations in paragraph 5, the following applies: If the contractor does not comply with his obligation to remedy the defect (repair) or by delivery of a defect-free item (replacement delivery) — within a reasonable period set by us, we can remedy the defect ourselves and demand reimbursement from the contractor for the necessary expenses or a corresponding advance payment. If rectification by the contractor has failed or is unreasonable for us (e.g. due to particular urgency, risk to operational safety or imminent occurrence of disproportionate damage), there is no need to set a deadline; we will inform the contractor immediately, if possible in advance, of such circumstances.

(7) In addition, in the event of a material or legal defect, we are entitled to reduce the purchase price or to withdraw from the contract in accordance with statutory provisions. In addition, we are entitled to compensation and expenses in accordance with legal regulations.

(1) In addition to claims for defects, we are fully entitled to our statutory recourse claims within a supply chain (supplier recourse in accordance with Sections 445a, 445b, 478 BGB). In particular, we are entitled to demand from the contractor exactly the type of subsequent performance (repair or replacement delivery) that we owe to our customer in individual cases. This does not restrict our legal right to vote (Section 439 (1) BGB).

(2) Before we recognize or fulfill a claim for defects asserted by our customer (including reimbursement of expenses in accordance with Sections 445a para. 1, 439 para. 2 and 3 BGB), we will notify the contractor and ask for a written statement with a brief explanation of the facts. If a substantiated statement is not made within a reasonable period of time and no amicable solution is reached, the claim for defects actually granted by us is considered owed to our customer. In this case, the contractor is responsible for proving the contrary.

(3) Our claims arising from supplier recourse apply even if the defective goods have been further processed by us or another entrepreneur, e.g. by installation in another product.

(1) If the contractor is responsible for product damage, he must indemnify us from third-party claims insofar as the cause is within his sphere of control and organization and he himself is liable in the external relationship.

(2) As part of his indemnification obligation, the contractor must reimburse expenses in accordance with Sections 683, 670 BGB arising from or in connection with a claim by third parties, including recalls carried out by us. As far as possible and reasonable, we will inform the contractor of the content and scope of recall measures and give him the opportunity to comment. Further legal claims remain unaffected.

(3) The contractor must take out and maintain product liability insurance with a lump sum of at least EUR 10 million per personal/property damage.

(1) The contractor will indemnify the client from alleged patent, copyright or other intellectual property rights violations upon first written request and without prejudice to legal claims. The indemnification obligation covers all expenses incurred by the client in connection with claims by third parties.

(2) The limitation period for the indemnification claim is three years from the client's knowledge or grossly negligent ignorance of the circumstances giving rise to the claim. In addition, the exemption claim expires ten years from its creation, regardless of knowledge or grossly negligent ignorance.

(1) The mutual claims of the contracting parties expire in accordance with statutory provisions, unless otherwise provided below.

(2) Notwithstanding Section 438 (1) No. 3 BGB, the general limitation period for claims for defects is 3 years from the transfer of risk. If acceptance has been agreed, the limitation period begins with acceptance. The 3-year limitation period also applies mutatis mutandis to claims arising from legal defects, although the statutory limitation period for claims in rem by third parties (Section 438 (1) No. 1 BGB) remains unaffected; claims arising from legal defects shall in no case expire as long as the third party can still assert the right — in particular due to lack of limitation — against us.

(3) The limitation periods of sales law, including the above extension, apply — to the extent permitted by law — for all contractual claims for defects. Insofar as we are also entitled to non-contractual claims for damages due to a defect, the regular statutory limitation period applies (Sections 195, 199 BGB), unless the application of the limitation periods of sales law in individual cases results in a longer limitation period.

(1) If no deviating agreements have been made, the contractor irrevocably, provided that he himself is the owner of all rights, grants the contractor unlimited rights of use and exploitation of all calculations, graphics, plans, products, models, drawings, tools in written, electronic or other form.

(1) The client is entitled to check the execution of the contract by the contractor. The client reserves the right to view test and execution documents and to check the systems and equipment necessary for the execution of the contract. If the client deems it necessary to visit the contractor's factory premises, the client will register in advance for an appointment within operating hours.

(2) The client is also entitled to verify compliance with the regulations in accordance with Section 19.

(1) The use of the client's company name, brand name or logo by the contractor in connection with advertising purposes or references requires the express written consent of the client in advance.

(1) The laws of the Federal Republic of Germany apply to these General Terms and Conditions and the contractual relationship between us and the contractor, to the exclusion of international uniform law, in particular UN sales law.

(2) If the contractor is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive — including international — place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Schweinfurt, as applicable, if the contractor is an entrepreneur within the meaning of Section 14 BGB. However, in all cases, we are also entitled to bring an action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a priority individual agreement or at the general place of jurisdiction of the contractor. Overriding statutory provisions, in particular on exclusive competencies, remain unaffected.

(1) Econocom Remarketing guarantees its customers that the hardware sold is free from manufacturing, material and workmanship defects. The generally accepted rules of technology are decisive at the time of production.

(2) If it is not possible to repair the defective device, Econocom Remarketing will refund you the current value of the device. The time value is determined on the basis of a discount scale. Should the defect occur in the first 12 months, Econocom Remarketing will refund the buyer the full purchase price. Warranty extensions are generally not refundable.

Discount scale:
> 12 months — 20 percent discount
> 18 months — 30 percent discount
> 24 months — 40 percent discount
> 30 months — 50 percent discount
> 36 months — 60 percent discount

(3) Replaced parts become the property of Econocom Remarketing. There are no further claims. Econocom Remarketing does not provide any rental equipment for repairs during the warranty period and does not bear the costs for them.

(4) For econocom product (formerly tecXL) with a battery, a minimum running time of 60 minutes and a remaining capacity of at least 50 percent in the first full 6 months are guaranteed.

(5) Unauthorized service cases:
In the event of unjustified service cases, 25 percent of the purchase price, but a maximum of 25.00€ costs for return shipping and processing, will be charged.

(1) The warranty period for ecotech products (formerly tecXL) is 24 months. For other used hardware, so-called used-IT, 45 days. The warranty period starts with the date of the invoice.

(2) If the customer resells products with the ecotech seal for the first time, the warranty period starts again, but the extension is limited to a maximum of 6 months. On request, the original purchase receipt must be handed over to Econocom Remarketing, which clearly identifies the device. This does not extend the warranty period for batteries.

(3) Should components be replaced as part of warranty fulfillment, this does not trigger a new start of the warranty period.

(1) Visual wear and changes that occur during use and parts subject to wear and tear are excluded from the warranty. These include in particular, but not exclusively, batteries, stains, scratches and moving parts that are subject to natural wear and tear.

(2) Damages due to force majeure or natural disasters are excluded from the warranty, in particular but not exclusively: due to fire, radiation, frost, sun/heat, floods, war, computer viruses, programming, software errors, external forces or impacts.

(3) Improper use or alteration of the devices is also excluded from a warranty claim. Examples of improper use include but are not limited to: water damage, corrosion damage, defects due to accessories not approved by the manufacturer and the installation of software not approved by the manufacturer.

(4) Manufacturer serial errors, software errors and/or errors in connection with the operating system are excluded from the warranty.

(5) In addition, the warranty expires if the installation and care instructions and repair of the device by any person/company other than Econocom Remarketing are not complied with. Apart from Econocom Remarketing, a repair by an external party has expressly and in writing agreed.

(1) Should you discover a defect in your ecotech product (formerly tecXL), please contact customer service immediately via an online form, with exact details of the error, via your customer account.

(2) If the warranty claim is justified, you will receive a service number and instructions for shipping the product to Econocom Remarketing.

(3) Returns authorized by us in suitable transport packaging to Econocom Remarketing are paid in advance and insured accordingly. The goods will be shipped to the address specified on the return package.

(4) After the warranty service has been provided, you will receive your ecotech product back with the same configuration as it originally had when you purchased it, subject to possible updates.

(5) The buyer is obliged to send the goods in full, unlocked and without access restrictions for repair. Incomplete submissions will be charged on a pro rata basis.

(6) Unannounced or unauthorized returns may be rejected by the guarantor and any processing costs may be charged to the buyer.

The costs of submission and its additional costs are to be borne by the buyer. In the event of complaints within the first 30 days of the invoice date, Econocom Remarketing allows you to accept the return shipment. After a legitimate warranty processing has been carried out, Econocom Remarketing will return the goods at its own expense.

(1) Econocom Remarketing assumes no liability for data and installed software. For data protection reasons, Econocom Remarketing deletes all data carriers as part of warranty fulfillment and resets the device to its original software state. It is the customer's responsibility to reinstall software.

(2) Econocom Remarketing assumes no liability for data lost during transportation to or from Econocom Remarketing. Transport insurance only covers the value of the shipment.

(3) Econocom Remarketing assumes no liability for repairs carried out as a gesture of goodwill.

The data necessary to carry out and process the warranty service is collected, transferred and processed. By using the currently valid return procedure, the customer agrees that this data will be collected and processed. Econocom Remarketing generally acts in accordance with data economy.

The place of fulfilment of obligations under this guarantee is Schweinfurt. As far as admissible, the place of jurisdiction is the district court district of Schweinfurt. German law applies to this guarantee to the exclusion of the UN sales law, unless mandatory international consumer protection law precludes.