General Terms and Conditions

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1. General

1.1 Scope of application

These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business relations between us of WARGdrones GmbH, Bredowstraße 17, 22113 Hamburg and you. If you use conflicting general terms and conditions, these are hereby explicitly contradicted.

1.2 Contract agreement

Contract language is German. Customers in the sense of these General Terms and Conditions are exclusively entrepreneurs in the sense of § 14 BGB (German Civil Code).

1.3 Service provision and conclusion of contract

1.3.1 Service provision

(1) Drone system

We offer for sale our drone system, which is used for neutralization of fire and booby traps. The drone can be controlled by you through a tablet with joysticks connected. We do not include a disrupter, which is required for use. This must be purchased separately from one of our partners. The drone is equipped with three cameras that provide the operator with a live view from a drone perspective.

(2) Spare parts

If needed, you can purchase spare parts, e.g. for the propeller of your drone, from us at any time and install them yourself. If you would like us to install them for you, we will be happy to submit a separate offer.

(3) Maintenance

In addition, it is also possible for you to conclude a maintenance contract with us. You can agree the maintenance cycle with us individually. We will send you a replacement drone before the maintenance is carried out.

1.3.2 Conclusion of contract

The contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry (e.g. by e-mail) and receive a binding offer from us, which you can then accept within the period specified in the offer. With the acceptance the contract is concluded. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement reached.

1.4 Subsequent amendment of the terms and conditions

We shall be entitled to make subsequent amendments and additions to the General Terms and Conditions of Business in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment of the terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the start of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and give you the opportunity to make an express declaration during the period. If you object within the time limit, both we and you may terminate the contractual relationship without notice, unless we allow the contractual relationship to continue under the old General Terms and Conditions.

2. Service provision and delivery

2.1 Service provision

We shall be entitled to have the contract or parts of the contract performed by third parties.

2.2 Partial deliveries

We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.

2.3 Delays in delivery and service provision

Delays in delivery and service provision due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders, e.g. in the case of pandemics, and cases of incorrect or improper self-delivery despite covering transactions to this effect) shall entitle us to postpone delivery for the duration of the impeding event.

2.4 Exclusion of delivery

Post office box addresses shall not be supplied.

2.5 Delay in acceptance

If you are in default with the acceptance of the ordered goods or the drone system, we are entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for delay or for non-performance.

2.6 Time of service provision

In principle, the delivery or service provision times shall be agreed with you individually and can be found in our offer. Prior to delivery or service provision, all issues relevant to the order must be clarified between the contracting parties. If payment in advance is agreed, payment must be made in advance. If the prerequisites are not met, the service provision or delivery period shall be extended accordingly.

2.7 Insurances

The drone system can be insured extra against theft, transport, fire and water damage or other risks at your request. This has to be agreed individually with us and has to be paid separately. The warranty right as well as the liability rules according to these general terms and conditions are not affected by this.

2.8 Term for maintenance

Unless otherwise agreed, our term contracts for maintenance can be terminated in text form with a notice period of one month to the end of the respective term, without giving reasons. If the contract is not terminated in due time, it will always be automatically extended by the respective initial term, but by a maximum of one year. The right to extraordinary termination for good cause is not affected by this.

Good cause shall be deemed to exist in particular if

  • You have provided incorrect or incomplete information when concluding the contract,
  • you repeatedly violate other contractual obligations and do not cease the violation even after being requested to do so by us.

3. Payment

3.1 Prices and shipping costs

All prices are ex works and exclusive of value added tax. In addition, the costs for packaging and shipping, which are shown separately in each case, shall be added, unless collection by you at our place of business is agreed or delivery is free domicile. In the case of free delivery, you must ensure that delivery on site is possible without any problems (e.g. access to the respective premises/storage locations/properties; auxiliary personnel available to receive the drone system). Should this not be the case, we reserve the right to claim the costs incurred by us in this regard against you. Our invoices are to be paid without deduction and are due after issuance of the invoice.

3.2 Storage costs

If the shipment or delivery of the drone system or the goods is delayed at your request, we reserve the right to charge you for the costs incurred (in particular storage costs).

3.3 Default of payment

You will be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You shall have the opportunity to prove that we have incurred no or less damage.

3.4 Right of retention

You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

4. Your responsibility

4.1 General

You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.

4.2 Indemnification

You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes the reimbursement of costs of necessary legal representation.

4.3 Data backup

You are jointly responsible for backing up the information sent to us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.

4.4 Your information

We always execute your order according to your specifications, but we do not check whether our drone system is suitable for your intended application. Before executing your order, you have to provide us with all necessary information (e.g. regarding the conditions on site), otherwise we may not be able to start with our service (e.g. installation and first commissioning). We shall not be responsible for any delays caused by your failure to cooperate. In this case, we reserve the right to claim the damage caused by the delay or the additional costs.

5. Retention of title

The delivered drone system or goods remain our property until the purchase price has been paid in full. You must treat the drone system or goods subject to simple retention of title with care at all times. You assign to us any claim or compensation you may receive for damage, destruction or loss of the delivered drone system or goods. If you act contrary to the contract, especially in case of default of payment, we are entitled to take back the drone system or the goods. In this case, taking back the drone system or the goods does not constitute a withdrawal from the contract unless we expressly declare this in text form.

6. Warranty with the purchase contract

6.1 General

There are legal warranty rights. A warranty claim can only arise with regard to the properties of the goods or the drone system, reasonable deviations in the aesthetic properties of the goods or drone system are not subject to the warranty claim. In particular, with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning or similar), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights.

6.2 Warranty claim

In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the item shall already pass to you upon handover to the person designated for transport. You must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. You shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

6.3 Rights in case of insignificant defect

In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of rescission.

6.4 Compensation for defects

No warranty shall be provided for damage resulting from improper handling or use. Express reference is made to the following exclusion of liability.

6.5 Limitation

For used goods or drone systems the warranty is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period explicitly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.

7. Right of reference

We grant ourselves the right to name you as a reference. You have the right to object to this.

8. Usability of the cloud

We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the cloud operation partially or completely within reasonable limits for the purpose of updating and maintenance. In this respect, we do not guarantee the availability of the offered cloud services at any time and do not warrant that the offered services or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this. The use of the Cloud also requires corresponding compatible devices (in particular, functioning Internet access). It is your responsibility to put or keep your devices in a condition that enables the use of the cloud services.

9. Liability

9.1 Information

Information about possible applications of the goods or drone systems sold by us as well as advice and other details are given to the best of our knowledge and belief. The exclusion and reservation of liability from the following regulations also applies in this respect. However, it is always your responsibility to inform yourself before placing an order and to check whether the goods or the drone system are suitable for your planned project.

9.2 Disclaimer

We as well as our legal representatives and vicarious agents are only liable for intent. Only if essential contractual obligations (consequently such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we are also liable for gross or slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract.

9.3 Reservation of liability

The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.

9.4 Liability for recordings

You are solely responsible for the recordings you make. These must not violate any applicable laws or these General Terms and Conditions. You also undertake not to transmit any recordings that violate the rights of third parties (e.g. personal rights, rights to a name, trademark rights, copyrights, etc.).

9.5 Data backup

We carry out effective data backups as part of the service provision, but do not assume any general data backup guarantee for the recordings transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will provide the data backup with the necessary expertise. However, we do not warrant that the stored content or data/recordings that you access will not be accidentally damaged or corrupted, lost or partially removed.

10. Final provisions

10.1 Place of jurisdiction

Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

10.2 Choice of law

Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10.3 Severability clause

The invalidity of individual clauses shall not affect the validity of the remaining General Terms and Conditions.

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