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General Terms and Conditions of WEATHERDOCK AG for the letting of position transmitters and software for regattas - as of 05/04/2013

General Provisions

WEATHERDOCK AG hires out position transmitters for regatta boats, turn buoys, starting and finish lines as well as associated software and a receiver with a GPS antenna for the implementation of regattas
Position transmitters transmit the respective GPS position on the course as well as the speed in short transmission intervals via VHF-radio to a receiver which is installed on shore. The receiver converts the data and forwards it to a notebook on which the regatta software is installed. This software allows a detailed presentation of the race course on a computer screen. If linked to a large TV screen/video wall a regatta may be presented visually interesting and in an informative way to the public on shore.   
For the letting of position transmitters and associated software as well as for the instruction the following General Terms and Conditions apply.

1. Scope of Application

(1) These General Terms and Conditions  (hereinafter referred to as "GTC") apply to all offers, contractual relationships, services, deliveries and contractual relations for the letting of   position transmitters and associated software between WEATHERDOCK AG (hereinafter referred to as "WEATHERDOCK") and natural persons, legal entities or any other entities who, in the course of their trade, business or profession, obtain services from WEATHERDOCK, for payment or without payment, in the form of legal entities under public law or public-law special funds (hereinafter referred to as Customer).  

(2) The GTC define principles for the closure and the completion of all legal transactions between WEATHERDOCK and the Customer and become an integrated part of each contract concluded between WEATHERDOCK and the Customer provided they are not altered in accordance with section 2 of these GTC.  

(3) Any special conditions and their scope of application deviating from these GTC shall be clearly marked as such by WEATHERDOCK. The regulations regarding the application, inclusion and amendment to these GTC shall apply mutatis mutandis for special conditions.

(4) If the customer also uses General Terms and Conditions, the contract shall be deemed concluded without any express agreement on the inclusion of General Terms and Conditions. Insofar as the different General Terms and Conditions conform to each other, those terms shall be applicable. In case of conflicting individual terms the general terms of optional law shall apply.  The same applies to any terms and conditions of the Customer, which are not included in these General Terms and Conditions. If these General Terms and Conditions contain provisions which are not contained in the general terms and conditions of the Customer, the present GTC shall apply.

(5) Counter confirmations by the Customer with reference to his terms and conditions are hereby expressly excluded. Any changes to these terms and conditions shall only apply, if the GTC of the Customer have been agreed to expressly and in writing by WEATHERDOCK.  A waiver of this requirement of form shall also be in writing.

2. Publication of GTC and Receipt of GTC

(1) WEATHERDOCK makes the latest version of the GTC available for inspection on its website www.regatta-tracking.de & www.regatta-tracking.com..  The Customer is obliged to familiarize himself with the updated version of the GTC.

(2) Receipt of the GCT by delivery to the email address, stated by the Customer shall be deemed as receipt by the Customer provided that WEATHERDOCK has not been notified of any deviating address in writing. An email delivery receipt will expressly suffice to prove receipt of the notification by the mailbox of the Customer.


3. Offer and Conclusion of Contract


(1) The offers of WEATHERDOCK are subject to change and are not binding. Declarations of acceptance and all orders must be confirmed in writing  or by telex (telefax or email) by WEATHERDOCK in order to be legally valid. The same applies to supplements, alterations and accessory agreements. If WEATHERDOCK does not decline the order within 1 week after receiving the order, the confirmation to indicate that the order has been accepted shall be deemed given.  

(2) WEATHERDOCK may make the effective conclusion of the contract conditional on punctual advance payment and/or payment of a deposit. The amount of advance payment or deposit as well as the payment deadlines of the advance payment/ payment of the deposit will be established in the order confirmation or in the contract.  If down payment or payment of the deposit is not received on the business account of WEATHERDOCK at the due date the contract will be deemed to be not concluded.

4. Prices and Terms of Payment

(1) Unless expressly agreed otherwise, the contractually agreed prices are net prices plus the respectively applicable statutory value-added tax.  The current price list shall be applicable unless anything else has expressly been agreed upon in the contract.

(2) The rent includes a 2-hour instruction free of charge at the headquarters of WEATHERDOCK or by appointment at WinGPS, Yachtservice Matthias J├╝rgens, Hederbornstrasse 40, 33154 Salzkotten
On-site instruction is available on arrangement of a separate fee. Local support of the customer is also available subject to a separate fee.

(3) WEATHERDOCK'S claims shall only be countered by way of setting off or retention with due and payable counterclaims, if they are undisputed. There is no objection, if the counterclaim or the right of retention is not disputed or legally determined with final res judicata effect.

(4) Invoices of WEATHERDOCK are due to payment within 7 days. After expiry of this period the customer is in default. If the customer fails to pay in accordance with the contracted terms, WEATHERDOCK shall be entitled to to charge interest, without a reminder, on the day after the due date at 8 % above the respective base rate. This shall not affect the assertion of any further damage.

(5) Payment shall be made to the business account of WEATHERDOCK without any exception. WEATHERDOCK expressly reserves the right to refuse checks or bills of exchange. In the case that payment is made by check, the payment is regarded as paid only when the check has been cashed.

5. Compensation in the event of non-acceptance and return of the position transmitter and software

(1) In the event of non-acceptance of the rented position transmitters with software through the Customer or in the event of cancellation of the contract for no good reason through the Customer prior to performance, WEATHERDOCK shall be entitled claim a lump sum compensation according to the following scale:

up to 30 days prior to the first day of rental start: 20 % of the agreed net rental fee
up to 21 days prior to the first day of rental start: 30 % of the agreed net rental fee
up to 14 days prior to the first day of rental start: 40 % of the agreed net rental fee
up to 7 days prior to the first day of rental start: 50 % of the agreed net rental fee
up to 6 days prior to the first day of rental start: 720 % of the agreed net rental fee


In exceptional cases the parties to the contract have the right to prove that the damage was smaller or higher.

(2) The client is under obligation to return the position transmitters and software made available to him to WEATHERDOCK at the agreed place during opening hours of WEATHERDOCK OR WinGPS upon expiration of the rental period.

6. Conduct in the event of damage to property, any other damage and theft

In the event of damage to the let and rented position transmitters and software as well as any other damage and theft the Customer shall issue a detailed report in writing including information to the persons involved (in particular first and last name, date of birth, address, etc.) for WEATHERDOCK. Moreover the Customer shall immediately inform the police if he suspects malicious damage to property or theft.  

7. Liability, Limitation of Liability and Warranty of WEATHERDOCK

(1) Any liability of WEATHERDOCK due to breach of contractually stipulated obligations is limited to intent and gross negligence including intent and gross negligence of representatives and vicarious agents. Only loss of life, physical injury and damage to health, in the event of breach of integral obligations under the agreement and in the event of mandatory liability pursuant to the product liability statute, shall WEATHERDOCK be liable for simple negligence. In such cases the scope of compensation for such liability shall be limited to foreseeable damages that are considered to be typical for the contract.

(2)
Contractually stipulated compensation claims against WEATHERDOCK shall become time-barred after one year.  This shall not apply, if intent by WEATHERDOCK, its vicarious agents or its legal representatives may be alleged.

(3) Warranty claims of the Customer are excluded, if the defects were caused through improper treatment of the position transmitters and software as well as noncompliance with manuals/instructions by the Customer or third parties or if the Customer/third party has performed attempts to remedy the defect of the rental property on his own.
The Customer shall immediately inform us in writing of any identifiable defects to the rental property upon their detection. The obligation of business people to give notice of defects (section 377, 378 HGB/German Commercial Code) shall remain unaffected by this.
If remedy of defects fails after a reasonable period of time, the Customer may demand reduction of the payment and cancellation of the contract.  Any further compensation shall be excluded in any case.

8. Customer Liability

(1) In the event of any damage, loss, theft or inappropriate handling of the position transmitters and software the Customer shall be liable for the repair costs. In the event of total loss the Customer shall be liable for the replacement value of hardware and software. Beyond that the Customer shall also be liable for any consequential damages, particularly with regard to loss of rent and experts' fees. The Customer shall not be liable if the damage was neither caused by the Customer nor by the driver.


9. Place of Performance and Venue

(1) The subject GTC of business and all legal relations between WEATHERDOCK and the Customer shall be governed by the laws of the Federal Republic of Germany. German is the language of negotiation and of the contract. Place of performance of the Customer's obligations arising out of and in connection with this contract shall be Nuremberg, where permitted by law.

(2) Where legally permissible the general place of venue for all disputes arising out of or in connection with this agreement shall be the place of business of WEATHERDOCK.


10. Other Provisions

(1) If any of the provisions of this contract including these General Terms and Conditions, are or become invalid or unenforceable, either in whole or in part, or later lose their effectiveness or feasibility, the remaining provisions shall remain effective. The contracting parties undertake to replace the invalid or impractical provision by a provision which comes as close as possible in its economic purpose. The same applies in the event of the existence of unintentional gaps in the contract.

(2)
Any agreements that constitute an alteration of, addition to or appropriation of the contractual relations between WEATHERDOCK and the Customer including these General Terms and Conditions, as well as special warranties and arrangements, shall be stipulated in writing, unless these General Terms and Conditions or  any other special conditions of WEATHERDOCK which have been explicitly declared applicable, expressly stipulate something else.  If they are expressed by authorized agents or vicarious agents of WEATHERDOCK, they will only be binding if WEATHERDOCK gives its consent in writing. This correspondingly applies to any change to this requirement of written form. Additional agreements have not been made.

 
 
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