Order Form â€“ ErWin-DVD - Audi

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The text of these General Terms and Conditions can be downloaded to your computer and/or printed. General Terms of Business (GTB) for erWin DVD for consumers and entrepreneurs Issue date: 16.01.2006 Section 1 Scope of application AUDI AG (hereinafter referred to as „Audi“) permits manufacturers and private persons to use the DVD set (hereinafter called „DVD“) exclusively in accordance with the conditions specified below. This shall also apply if conflicting terms and conditions of purchase have been specified by the purchaser. Audi does not recognise such conditions and rejects them. On the part of Audi, only the head of department I/VK-33 shall be entitled to conclude deviating agreements. The General Terms of Business provided at the time of the order shall apply. Section 2 Subject of the contract The erWIN DVD shall initially contain 3 DVDs. The number of DVDs may rise in the future if there is an increase in data quantity. The DVD shall contain several languages. These shall contain electronic service information (repair manuals, circuit diagrams, servicing in the strictest sense, bodywork repairs, emissions testing, self-study programs and mail articles) (hereinafter service information) for Audi vehicles in encoded form. The DVD shall be updated once every quarter (four times a year). The updates shall be sent to the purchaser. The update shall be sent at the end of each quarter to replace the previous one. The previous update shall no longer be functional at the end of a quarter. The table of contents shall be freely accessible on the DVD. Various pieces of service information can be selected and ordered via the table of contents. The table of contents for the various pieces of service information shall also be freely accessible on all DVDs. They can only be viewed in full and used for other purposes if they have been enabled individually. They are enabled (for a fee) for a total of one year on a quarterly basis. The user shall receive an up-to-date enabling code for this purpose. At the end of a year, it shall no longer be possible to view service information which was enabled by means of an enabling code. Section 3 Enabling Due to a technical protection mechanism for the service information, enabling only allows limited use of the information encoded on the DVD. Sidestepping or manipulating the enabling mechanism is forbidden. The DVD generates an enabling request. The purchaser shall send this request to the order centre. In response to this enabling request, an individual enabling code shall be calculated for the purchaser and the computer which generated the request. This code shall only allow use of the required documents on the computer which generated the request. When payment of the fee has been effected, the code shall be sent to the purchaser by letter, fax, floppy disc or e-mail. Section 4 Conclusion of the contract The product is offered by AUDI AG on a non-binding basis. Orders can only be placed by fax. It materialises when the purchaser receives confirmation of the order. The order confirmation shall be deemed to have been received if the purchaser to whom it was sent could have received it under normal circumstances. Service information can be requested by letter, fax or e-mail. Special licence agreements are established when enabling codes are sent to the purchaser and he enables service information.
Section 5 Remuneration The user shall receive the DVD free of charge. The purchase shall pay a one-off portion of the shipment/transport costs to the tune of 16.40 (net) in respect of delivery. The current prices listed in the price list on the DVD shall apply to enabling the various pieces of electronic service information. The prices in the price list are net prices and do not include statutory VAT. Remuneration shall fall due as soon as an order has been placed. Payment can be effected by credit card or direct debit. The latter option shall not be available for deliveries outside Germany. Audi must be informed of changes to the credit card without delay. Audi reserves the right to delay delivery until payment has been received. The purchaser must pay customs duties, any foreign taxes and other charges. Section 6 Guarantee The purchaser is aware that the DVD has the following system requirements: Operating system: Windows 95 or higher; Intel Pentium processor (minimum 266 MHz); 32 MB RAM; DVD drive; min. 19-inch monitor (recommended). Should defects be detected, the purchaser shall have a statutory claim. Prior to asserting any possible claim for compensation, the purchaser shall grant AUDI AG the opportunity to make good any defects within an appropriate period. Statutory limitation periods shall apply. Section 7 Liability The following regulations on the liability of Audi shall apply for all compensation claims and liability claims, irrespective of the legal ground on which they are based, except for: • Claims on the part of the purchaser due to damages resulting from injury to life, physical wellbeing and health, • Rights and claims on the part of the purchaser arising from the fraudulent concealment of a defect by Audi or due to the absence of a property guaranteed by Audi, • Claims and rights on the part of the purchaser which are based on the intentional or grossly negligent behaviour of Audi itself, its statutory representatives or vicarious agents as well as • Claims on the part of the purchaser filed under the Produkthaftungsgesetz (German Product Liability Act). The above exceptions shall be subject to statutory regulations. In the case of damage resulting from negligence, Audi shall be liable only for the infringement of essential obligations (cardinal obligations) and this liability shall then be limited solely to compensation for typical damage foreseeable by Audi upon conclusion of the contract. Further liability on the part of Audi for damage resulting from minor or gross negligence shall be excluded. Insofar as Audi is liable in accordance with the regulations in subsection (2) above, this liability shall be limited to EUR 20,000 per damage event. Should there be a risk of damage greater than this, the purchaser shall inform Audi of this in good time so that the parties to the contract may change this restriction and Audi can insure against such damage at its own discretion. Audi’s no-fault liability in the area of landlord and tenant law and similar user relationships for faults already in existence at conclusion of the contract shall be expressly excluded. Statutory limitation periods shall apply.
Page 1: Order form - erWin-DVD (Credit Card

Order Form â€“ ErWin-DVD - Audi

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