TERMS AND CONDITIONS
STATCON B. Schäfer, Schulstr. 2, 37213 Witzenhausen, Germany
Customer a person or company buying or using STATCON Products.
Consumer a private person buying Products for private use.
STATCON (us, our) the Product vendor as identified on your invoice and,
where relevant, Service Provider.
Order Confirmation acknowledgement of Product ordered by you, sent by
Price stated in Order Confirmation.
Product as described in Order Confirmation, may include 3rd Party Products
and Service Offerings.
Service Offering as described in Order Confirmation and STATCON service
Service Provider STATCON or its authorised service experts.
3rd Party Products stated in Order Confirmation, not branded or manufactured
Software computer operating systems or applications.
This Agreement applies to this sale, service and all statements made by STATCON
in brochures, price lists, adverts, quotations, on the internet or verbally.
Variations to this Agreement must be made by STATCON in writing. Any other Terms,
Conditions or Purchase Orders are excluded. Placing your order means acceptance
of this Agreement. STATCON may change this Agreement at its choosing.
Orders are accepted by writing, internet, telephone or fax but are only binding
when accepted by STATCON and STATCON sends out the Order Confirmation in writing.
Please check the Order Confirmation and notify STATCON of any mistake in writing
immediately or the details stated in the Order Confirmation will apply to this
Price & Payment Terms
Quotations are only valid in writing and during the period that they state.
If unstated, the period is 30 days (10 days for 3rd Party Products). STATCON reserves
the right to change Products (incl. 3rd Party Products) at any time but STATCON
guarantees you at least equivalent functionality and performance.
Price excludes tax, shipment, insurance and installation. Exchange rates, duties,
insurance, freight and purchase costs (incl. for components & services)
may cause STATCON to adjust prices. Payment will be made before supply or service
or, if agreed, within 10 days of the invoice date. STATCON may suspend deliveries
or service until full payment. If payment is late, 3% above the minimum lending
rate on the late amount and the costs of recovery shall be payable by you. Cheques
may only be accepted conditionally.
The delivery period in the Order Confirmation is approximate. Delivery by instalments
may be made. The place of delivery is stated in the Order Confirmation. Title
to Product passes on full payment and until then you must insure and store our
goods separately and you may not modify, pledge or sell them. STATCON may enter
the storage premises to repossess the goods. Should you sell them before title
passes, you will become STATCONs agent and the proceeds of that sale shall be
held on our behalf, separately from your general funds. STATCON may sue for the
Price before title passes. If you refuse delivery without STATCONs agreement,
you must pay STATCONs expenses or loss resulting from that refusal, including
storage costs, until you accept delivery.
When you receive Product you must inspect it promptly and within any statutory
reasonable period for inspection or rejection, if any. After this period, you
will have accepted Product. If STATCON agrees to the return of Product at its choosing,
it must be in its original condition with packaging, a return note and proof
of purchase; the return costs may also be payable by you.
STATCON guarantees to you that Product (excl. 3rd Party Products) will be free
from defects for 12 months from delivery and spare parts for 90 days from installation.
Should Product be defective within this period, STATCON will repair or replace
Product within a reasonable time. You must allow STATCON to examine Product at
your or STATCONs premises (at our choosing). STATCON owns any replaced Product or
parts. All reasonable care and endeavour shall be used to resolve problems within
a realistic period in the circumstances. STATCON manufactures and repairs using
components, which are new or equivalent to new in accordance with industry standards
STATCON does not give a warranty or guarantee protection for:
- damage caused by incorrect installation, use, modifications or repair by
any unauthorised 3rd party or yourself;
- damage caused by any party or other external force;
- fitness for any particular purpose;
- 3rd Party Products, Software and IM specified by you. You will receive the
warranty for these products directly from their manufacturer or licensor;
any instruction given by you and correctly performed by STATCON.
Services (e.g. data analysis) will be provided by STATCON or Service Provider.
Response times are estimates and may vary. Service may be provided via telephone
or internet where appropriate. If agreed and stated in Order Confirmation, Service
Offering may include advice, asset tagging, installation, integration, training
Unless stated in Order Confirmation, the following are excluded from Service:
items excluded from Warranty, changes to configuration, relocation, preventative
maintenance, consumables, diskettes, unnecessary work in STATCONs assessment,
electrical environment, transfer of data or Software, viruses. 3rd Party Products
will be repaired according to manufacturer or licensor warranty.
STATCON accepts liability for any private property loss or damage, death or
personal injury caused by the negligence or deliberate misconduct of STATCON,
Service Provider or our employees, agents, subcontractors. Except for death/personal
injury, this liability is limited to the lesser of EUR500,000 or Price.
STATCON does not accept liability for 1) indirect or consequential loss, 2) loss
of business profits, salary, revenue, savings, 3) damage remedied by STATCON within
reasonable time, 4) loss avoidable by you through reasonable conduct, including
backing up all data and following STATCONs reasonable advice generally, 5) all
items excluded from the Warranty or by Force Majeure.
Software not owned by STATCON is supplied subject to licence and warranty of the
Software licensor. STATCON encloses the Software licence that you require with
the Product where necessary; you must comply with that licence.
You acknowledge that Product may include technology and Software which is subject
to US and EU export control laws and laws of the country where it is delivered
or used: you must abide by all these laws. Product may not be sold, leased or
transferred to restricted end users or countries or for a user involved in weapons
of mass destruction or genocide. You acknowledge that US and EU restrictions
vary regularly and depending on Product, therefore you must refer to the current
US and EU regulations.
STATCON is not liable for delays in performance (incl. delivery or service) caused
by circumstances beyond its reasonable control and will be entitled to a time
extension for performance; examples include strikes, supplier / transport /
production problems, exchange fluctuations, governmental or regulatory action
and natural disasters. If this lasts more than 2 months, this Agreement may
be terminated by either party without compensation.
Each party must treat all information received from the other marked "confidential"
or reasonably obvious to be confidential as it would treat its own confidential
STATCON may terminate this Agreement with written notice if you: 1) fail to pay
on time and within 14 days of written notice, 2) breach or STATCON suspects you
have breached export control laws. Either party may terminate if the other:
1) commits a material or persistent breach of this Agreement and fails to remedy
this within 30 days of written notice from the other; or 2) becomes insolvent
or is unable to pay debts as they fall due.
Your obligations as a Customer
You are responsible for:
- your own choice of Product and its suitability for purpose;
- your telephone & postal charges in contacting STATCON, if any;
You must provide STATCON with all reasonable courtesy, information, cooperation,
facilities and access to enable STATCON to perform duties, failing which STATCON
shall not be obliged to perform any service or assistance. You are responsible
for the back up and confidentiality of all data in Product and all of your legal
and regulatory requirements.
Your data will be held and/or transferred in strict accordance with the applicable
data protection laws and STATCONs data protection registration and you consent
to this. You may instruct STATCON not to use your data for direct marketing purposes.
If you are a Consumer you may cancel your purchase at any time within 7 days
of receipt and receive a refund of the Price paid. To do this you must inform
STATCON in writing and return the products immediately, in the same condition you
received them and at your own cost and risk. Any statutory Consumer rights are
unaffected by this Agreement.
German law and the exclusive court jurisdiction of the German courts will apply
to this Agreement. The Vienna Convention on Contracts for the International
Sale of Goods is excluded.
If any part of the Agreement is found to be invalid or unenforceable by a court,
the rest is unaffected. STATCON may subcontract its obligations to a competent
third party. Otherwise, neither party may assign or transfer any obligations
or rights. All notices must be in writing (by hand, email, fax or 1st class
post deemed delivered 48 hours after posting) and sent to a legal officer of
You can find all STATCON policies and notices via www.STATCON.com and you should
refer to this site for any further updates.
Thank you for doing business with STATCON.
Date: October 2001