General Terms and Conditions
Datarecovery-netherlands.com is solely owned by KUERT Datenrettung Deutschland GmbH. General terms and conditions given as follows:
General terms and conditions on data recovery services provided by KUERT Datenrettung Deutschland GmbH (KUERT)
Our offers, deliveries and achievements occur exclusively to the following general terms of business. Herewith counter on firmations with reference to own commercial terms or shopping terms is expressly contradicted. Differently being terms of business of the customer are only effective if they were confirmed by choosing in writing.
Technical and formative divergences of descriptions and information in prospectuses, catalogs, Internet pages and written documents as well as model changes, construction changes and material changes in the course of the technical progress are
left, without out of this rights can be derived against Kuert
3. Written form
All arrangements need the written form.
4. Execution and achievement description
The analysis, diagnosis and the next data rescue are carried out carefully. The suitable treatment in the isolated case remains to our professional judgement leave. Arises in spite of previous professional check in the diagnosis only in the course of the data rescue that the order, as well as in the diagnosis explained, is unworkable, we can withdraw from the contract, unless the customer of a possible change of the order agrees (see also No. 12).
5. Defects of the delivered data carrier
We do not take over the responsibility for damages which are caused by the state of the delivered data carrier and which we cannot recognize by an easy professional goods show, unless, Choosing meets a fault. Further we take over no liability for the mistake treatments which we carry out on account of wrong or gaps-like information.
All prices, quotations and appointment assents are non-binding when unpredictable price changes have entered by third suppliers or unpredictable additional work with achievements to the data rescue. With a divergence of the saved data of the
promised data rescue rate about 10% no decrease of the agreed price occurs. With a higher divergence Kuert can withdraw from the contract, unless the customer of a possible change of the order agrees (see also No. 12).
7. Terms of delivery
For delays of delivery of our presuppliers we do not stick. The danger on the customer goes over in handing over of the data carriers to the respective transport enterpriser. By request of the customer we take over without guarantee the organization of the transport.
8. Payment terms
A payment has occurred when the demand on the account has been credited by choosing definitely. Unauthorised deductions are postloaded. The cession or pledge of claims against Kuert is excluded.
8a. Lien and retention of title
Up to final payment or irrevocable credit on the commercial discount payment of choosing remain the data anew provided by us in the property of choosing. All rights in the data and their use is entitled up to final payment Kuert. Also Kuert is entitled up to final payment a lien in the data carrier.
9. Data protection
the customer agrees with the fact that his data are stored within the scope of the business connection and are processed. The processing of the data including her passing on to the customer occurs considering the legal regulations, in particular of the regulations about the data protection.
The diagnosis is no guarantee for the success of the data rescue. Chooses the guarantee for the restoration of all data or parts takes over neither expressly nor tacitly from it. Chooses gives no other guarantees in relation on the applicability, full effectiveness, or for it whether all data restored by choosing are for the principal of use, although the data seem to be 100% logically in order after a data rescue
Kuert takes over no liability for losses from data or profits, enclosed insurance costs or other costs, even if Kuert or an authorized trader or representative should have knowledge of the possible loss or damages. Chooses sticks for lost data carriers only to the extent of the material value of the data carrier.
12. Resignation / partial resignation
Proving to itself in spite of previous professional check in the diagnosis only in the course of the data rescue that the order, as well as in the diagnosis explained, is unworkable, we can withdraw from the contract of the data rescue, unless the customer of a possible change of the order agrees. With resignation of the contract the customer has only one claim to free return of the
data carrier in the respective state. Already paid advance is refunded with the exception of the diagnosis costs immediately.
13. Place of fulfillment
Place of fulfillment is our place of business.
14. Legal venue
For all present and future claims from the business connection with independent commercial agents including change and cheque demands is an exclusive legal venue our place of business. The same legal venue counts if the customer has no
general legal venue by the home, after completion of the contract his residence or usual place of residence from the home is moved or his residence or usual place of residence is not known at the time of the complaint elevation
15. Applicable right
It counts exclusively the right of the Federal Republic of Germany.
16. Safeguarding Clause
Should single regulations of these Terms and Conditions trifling, be ineffective or is contestable or become, remain the remaining regulations of it untouched