Terms & Conditions
Sales and deliveries are exclusively based on these general terms and conditions which are valid for the current and future business relationship between Datamars and the customer.
Customer’s general terms and conditions which deviate and/or are contrary to these conditions shall not be part of these conditions except if the validity of all or part of the customer’s terms and conditions is stipulated in written form.
Any contractual agreement must be made in writing.
2. Applicable Law – Legal Jurisdiction
The current and future business relationship between Datamars and the customer is subject to Irish law excluding UN purchase law.
The contracting parties agree that all disputes arising from or relating to this contract, including any dispute regarding conclusion of the contract and validity shall be settled under the exclusive international jurisdiction of the Irish courts. Place of performance and sole legal venue for all disputes under this agreement shall be the registered location of Datamars.
3. Conclusion of Contract – Payment
A sales contract for the Datamars contract goods shall be concluded subject to order placement and written order confirmation from Datamars.
The customer shall make a payment on account of at least 30% of the invoice value detailed in the order. This is due upon receipt of the order confirmation and shall be transferred without delay to Datamars bank account unless otherwise agreed.
The balance of 70% is payable within 30 days of invoice unless otherwise agreed and shall be transferred to the same Datamars’s bank account.
Orders with a net value of less than €3,000 will only be dispatched upon receipt of the full payment.
Datamars is entitled to withdraw from a concluded sales contract should it become apparent that the customer has failed to meet agreed payment terms. Deliveries will not be made while the customer owes monies for other orders.
4. Delivery – Title and Risk of Loss or Damage
Datamars delivers goods to the customer’s address. All terms are ex-works of Datamars’s factory. The risk of loss or damage will pass upon delivery to the address.
5. Retention of Proprietary Rights
Datamars shall retain ownership of the sold goods until full payment has been received.
Should third parties access the reserved goods, particularly in the course of any legal proceedings, the customer shall inform the third party that the goods are the property of Datamars and shall inform Datamars immediately in writing, providing contact data of the third party and the responsible authority/court so that Datamars may enforce its proprietary rights. The customer is obliged to support Datamars to the fullest extent.
6. Warranty/Notification of Defects/Remote Maintenance Services
In the event that goods supplied prove to be defective, the customer shall be entitled to claim under statutory warranty rights. The warranty is five years from the manufacturing date. This shall be conditional on the customer commencing use of the goods at the latest by expiry of the best before date on the packaging of the Datamars’s product. Distributors and end users shall be obliged to carefully follow all instructions from Datamars provided in the user information; this applies in particular to transport and storage conditions. The customer acknowledges that the products that make up the
Datamars system may only be used for the monitoring of physical activity and reporting of same.
The customer must inspect delivered goods upon receipt and immediately provide written notification of any identifiable defects. In the case of hidden defects, written notification of the defect shall be provided immediately upon discovery thereof.
Under these conditions and should the delivered goods in fact be defective, the customer is entitled to legal warranty rights. Datamars shall be entitled to choose between repairing or replacing the defective goods. The distributor shall ensure that Datamars has suficient time and opportunity to undertake the necessary repairs and replacement deliveries; Datamars shall otherwise be released from any liability for resulting consequences.
If the customer submits a warranty claim he is obliged to make data stored on the Datamars products and log files accessible to Datamars.
Datamars shall be obliged to maintain confidentiality of this data.
The customer acknowledges that an intact internet connection must be available to facilitate the use of the free maintenance services provided by Datamars.
Datamars guarantees that its products meet the relevant national standards and requirements in the countries in which these products are marketed with the approval of Datamars. Datamars shall not assume any warranty claims for products with regard to compliance with regulations in countries in which the products are marketed without the prior knowledge and written approval of Datamars. Datamars’ products are not intended for export to third countries by the customer. It is therefore expressly forbidden that the customer shall export the products from these countries to third countries. Should this provision be contravened, Datamars shall not assume any warranty and shall be indemnified against any claims from the customer.
Datamars’ liability – regardless of the legal basis – is limited to damages caused deliberately or as a result of serious negligence by Datamars.
Datamars’ maximum liability for claims for compensation is limited to €6,500,000.00. These provisions shall not apply to claims for loss or damage on the basis of the Product Liability Act.
8. Special Contractual Provisions
Insofar as Datamars and the customer have concluded special contractual provisions, which have been formally agreed in written agreements, then the special contractual provisions shall have priority over these General Terms & Conditions. Oral promises and statements of Datamars, its employees or commercial representatives of Datamars shall not justify any rights or claims of the customer. The agreed written conditions shall apply exclusively.