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Terms of use

GENERAL TERMS & CONDITIONS

Application

  1. These General Terms & Conditions shall apply to the repair of automotive electronics  as well as the delivery of units already remanufactured by us and spare parts, all of which are pursuant to the agreement concluded between us and the ordering party. These General Terms & Conditions are applicable to each quotation, contract and order with Softelectronic, for the performance of services and/or to the sale of goods, which shall also include software.
  2. Our General Terms & Conditions shall apply exclusively; we shall not accept any terms from the ordering party contradicting or deviating from our general conditions, unless and insofar as Softelectronic has expressly agreed to this in writing, duly signed by an authorized representative of Softelectronic. Our general business conditions shall also apply, if we should execute the services without any reservation, while being aware of any terms from the ordering party contradicting or deviating our  conditions.
  3. Our General Terms & Conditions shall apply to consumers as well as to companies, unless the respective clause shall make any differentiation.

Commencement of the order
Written confirmation of the order by Softelectronic shall be deemed the commencement of the service.

Diagnostics, Disassembling /Assembling of the Unit

  1. Diagnostics and description of the problem is a must. Correct diagnostics is customer’s responsibility!
  2. Softelectronic will not be responsible for improper handling including disassembling / assembling of the unit from and in the vehicle or any expenses incurred due to such handling.
  3. Softelectronic will not be responsible if the cause/causes of the failure in the unit is/are not eliminated. This will again cause a failure even after our repair!

Dispatch and Packaging

  1. Customers always pay real shipping costs in both directions – from Customer to Softelectronic and back.
  2. Shipping costs are calculated according to volume/weight of the parcel and destination country of the sender.
  3. Softelectronic will provide every customer with specific packing and shipping instructions as to the dispatch of a unit for repair.
  4. Under no circumstances shall Softelectronic be responsible if a unit, sent for repair, has got lost or has been physically damaged during carriage. Pack safe and secure according to our packing and shipping instructions.
  5. Softelectronic  will not accept a unit for repair if  packing and shipping instructions are not completed!  The unit for repair has to be accompanied by contact details and description of the failure!

Delivery,Terms of Delivery and of Service Provision

  1. The delivery and processing times commence at receipt of the data, goods and/or arranged payments by Softelectronic, necessary for the fulfillment of the order /contract. The delivery time quoted by Softelectronic is an estimate which will be observed by Softelectronic as far as possible. Softelectronic shall not be liable for any damage resulting from late delivery of goods or fulfillment of services. Softelectronic shall be allowed to deliver the sold goods in partial consignments. The customer will be obliged to accept the delivered goods and, if it has been agreed that Softelectronic must also perform services, to offer Softelectronic every opportunity and co-operation to do so. If the customer acts in violation of this obligation, said goods will be stored at the expense and risk of the customer. The customer shall pay Softelectronic all additional delivery, storage and insurance costs and any other costs incurred along with any loss arising in connection with such neglect or refusal. Delivery of goods will be effected as to the said conditions, unless agreed otherwise between the parties in writing. From the moment of delivery, the risk of loss or damage shall pass to the customer even if the title to the goods has not been passed yet.
  2. Particulars with regard to target dates for repairs are based on estimations and shall therefore basically be non-binding. In the event that in a particular case delivery terms have specifically been agreed upon and have been made the basis of the placing of the order, they will be prolonged in the event of measures (lying) within the realm of industrial disputes, in particular strikes and lockouts as well as in the event of unforeseen impediments, which lie outside anything we might wish for, like for instance natural disasters, operational impairments, delay of the delivery of essential material, as far as such impediments are of substantial influence and this demonstrably with regard to the delivery of the object of delivery. The same shall apply, if the customer does not comply with his obligation to co-operate. The term of repair shall be granted, if until its termination the object of repair shall be ready for pick-up by the ordering party, respectively for the dispatch thereof.

Retention of title and right of pledge
Softelectronic shall retain title to all goods delivered or to be delivered to the customer until Softelectronic has received payment in full of the purchase price of the goods, the fees for any services accomplished in relation to any order / contract concluded with the customer and any other costs, damage or interest resulting from a breach by the customer of any such order / contract. All costs incurred by Softelectronic in repossessing the goods shall be paid by the customer.

Pricesand payment conditions
Unless otherwise agreed in writing, deliveries will be made by Softelectronic against the prices specified by Softelectronic and in force on the date of acceptance of the order. All prices quoted by Softelectronic are exclusive of Bulgarian VAT, possible export or import duties, forwarding costs, insurance costs and any necessary installation charges. Softelectronic reserves the right to adjust the prices for the services and/or goods from time to time.

Repair costs will be calculated after we have been informed where and what the problem is. In most common cases the repair costs will be calculated the moment we receive the history of the problem and diagnostic error codes/scanned copy of diagnostic report. Payment is after repair before shipping!

For Customers outside the European Union any Customs Duties, Fees and Taxes will be added to the total cost of the repair. These undesirable expenses could be avoided or minimized if you follow our packing and shipping instructions step-by-step.

Softelectronic will not be responsible for any Customs Duties, Fees and Taxes which the customer might be obliged to pay in his country at the receipt of his repaired unit back.

Complaints

Upon receipt of the goods and/or the services, the customer shall be obliged to inspect the goods and the services for defects and deficiencies and shall ensure that the goods delivered are fit for the purpose for which they areintended to be used,and that the result of the services conform to the objective of the relevant order / contract. In the event the customer installs the goods in whatever manner prior to having conducted the aforementioned tests, the customer shall do so at its own risk. Visible defects must be reported to Softelectronicin writing within oneworking day after the date of receipt of the goods at the customer's premises or the date of completion of the services. Defects that are not visible upon receipt, including the defects which are evidenced or reasonably can be evidenced by means of the aforementioned tests to be conducted prior to installation of the goods, must be reported to Softelectronicwithin oneworking day after discovery or within oneworking day after the customer should reasonably have discovered the defects.

If a unit sent for repair is diagnosed as faulty but appears to be in working condition after our tests, customers will pay all shipping expenses including a 50.00 eur inspection fee!

Warranty
Softelectronicwarrants the proper functioningof the delivered goodsinsofar as they are properly used by the customer. In case a unithappens to bedefective within the warranty period and Softelectronichas beennotified thereof in accordance with the previous article ("Complaints"), Softelectronic shall (at its discretion) only be obliged to repair the defect free of charge, have the defect repaired, or make the parts available that are necessary for the repair, or replace the itemconcerned. If Softelectronicfinds therepair or replacement of the goodsnot (or no longer) possible or disproportionately troublesome, Softelectronic shall be entitled to credit the price received for the goods and/or services concerned, without being liable for any further damages. Normal use shall mean the use of the goods for the purpose for which they areintended, including compliance with the instructions of the manufacturer foruse which accompany the goods and bearing in mind any instructions or guidelines for use given in writing by Softelectronicin the process ofinstallation of the goods, as determined at the discretion of Softelectronic. The costs of the components which prove defective and are replaced during the warranty period are included in the warranty, with the exception of components which are subject to normal wear and tear. Breakdowns which are the result of normal wear and tear, pollution, inappropriate use, negligence, carelessness, abuse or intentional damage, judged reasonably by Softelectronic, are excluded from the warranty. Disruptions caused by external influences, such as - for example - work carried out by third parties, improper use, the use of poor quality non-durable material, changes to the set-up, power supplies, earthquake, fire, lightning, flood damage, violence, external software and connections or interfaces with equipment other than that designated by Softelectronic, are also excluded from the warranty. Products may only be returned by the customer to Softelectronicby the prior written consent and instructionsof Softelectronic. This warranty is personal and can only be transferred by the customer to a third party with the prior written consent of Softelectronic. Parties may agree in writing upon different warranty conditions for certain goods.

Liability
All liability of Softelectronicis limited to the warranty obligation as set forth under ‘Warranty', unless insofar as a damage resultsfrom an intentional act or gross negligence of Softelectronic. Softelectronicshall never be liable for a consequential or indirect damage, including but not limited to a damage resulting from late delivery, a damage to other goods of the customer or any third party, a damage resulting from incorrect or improper use of the services or goods by the customer, loss of turnover, loss of profit, loss of goodwill or loss caused by the inoperability of equipment, nor for a damage resulting from any incorrect and/or incomplete information supplied by the customer. In all cases in which Softelectronicis nevertheless obligated to pay damages, these shall never be higher than, at its option, either the invoice value of the goods delivered, at least the part thereof whereby or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of Softelectronic, the amount that is actually paid out by the insurer with respect thereto.

Force majeure
Softelectronicis entitled to invoke force majeurein compliance with the Bulgarian Civil Code, if the implementation of the order / contract is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or slowdowns and lockout, delay in the provision to Softelectronicof certain parts, goods or services ordered from third parties other than by circumstances to be imputed to Softelectronic, sickness of its employees, accidents and interruptions of business operations and transport problems. In case of force majeure on the part of Softelectronic, its obligations shall be suspended. If the force majeure lasts more than three months, Softelectronicand the customer are both entitled to terminate the non-feasible parts of the contract.

Intellectual property rights
All intellectual property rights, including but not limited to copyrights, model rights and trademark rights with respect to goods and services delivered by Softelectronic(including but not limited to software developed by Softelectronic, drawings, calculations, sketches, technical data, know-how and advice) remain with Softelectronicand are not transferred to the customer, unless and insofar as the parties agree explicitly otherwise in writing. The customer shall refrain from infringements of copyrights, model rights, trademark rights or any other intellectual property rights of Softelectronic. In case intellectual property rights are being created under an order / acontract between Softelectronicand the customer, all such rights will belong to Softelectronicand, in as far as necessary the customer will transfer such rights to Softelectronicand the customer shall in every way co-operate to such transfer. The customer indemnifies Softelectronicagainst all third party claims with respect to infringement of intellectual property rights insofar such infringement is related to the development, delivery or use of goods that have been developed by Softelectronicaccording to the specifications of the customer. This indemnity also applies in case Softelectronicamends existing goodsaccording to the instructions of the customer.

Confidentiality
The customer shall treat any information and know-how received from Softelectronicas strictly confidential and this information and know-how shall not be communicated to third parties by the customer without Softelectronic's prior permission in writing. Nor shall the customer use this information and know-how for any cases other than explicitly provided for in a written order/contract to which these general terms and conditions apply.

 

General Terms & Condition are subject to changes at any time without warning