1. Scope, General
1.1 These Terms of Service apply to all purchase contracts in which no other individual agreements have been made.
1.2 The specific content and scope of the warranty services assumed by the DCMind GmbH is based on
- these terms of service for the warranty
- the General Terms and Conditions (GTC) of the DCMind GmbH valid upon conclusion of the purchase contract
1.3 In case of contradictions between the in 1.2 noted conditions, the rank relationship is determined according to the order of the above list. In case of contradictions within a contractual basis, in case of doubt, the specifically described execution shall prevail. There is no contradiction in the aforementioned sense if a subordinate contractual basis supplements or substantiates a previous one.
1.4 The customer alone as a contractual partner of the DCMind GmbH is entitled to claim the warranty. The DCMind GmbH assumes no obligations to third parties, especially in case of the resale of the server systems by the customer to its customers (end users).
2. Scope of warranty services of the DCMind GmbH, warranty period
2.1 The DCMind GmbH guarantees the customer in accordance with the following provisions that the products delivered by the DCMind GmbH to the customer will be free of material defects within the agreed warranty period of 3 years.
2.2 The warranty period of 3 years begins with the provision of services to the customer. A claim of the guarantee is only possible by the purchaser stated in the purchase contract.
2.3 In general, the warranty services are agreed at the same time the purchase of the products between the customer and the DCMind GmbH is happening. The guarantee services take place from the day of the performance of the service (the service date stated on the invoice of the DCMind GmbH is decisive).
2.4 This warranty applies exclusively to products that have been supplied by the DCMind GmbH and that are essential for system operation. This does not include: covers, casings, hinges, flaps, removable disks, manuals, system folders or similar. In addition, all peripheral devices, e.g. keyboards, mice, etc. are excluded. Streamer are also not covered by the warranty.
2.5 Also excluded are components subsequently purchased and installed by third parties from the customer.
2.6 This warranty is limited to technical defects on the hardware supplied by the DCMind GmbH in the sense of a material defect in accordance with § 434 BGB. It does not cover defects caused by fault of the customer, improper handling (eg. bent pins in card readers), failure to comply with instructions from the DCMind GmbH or the manufacturer, deviation from the approved conditions of use (such as continuous operation not for 24/7 operation of shared hard disks) or external interference (third party damage, natural phenomena such as storm, lightning, fire, water, theft, riot, plundering, the effects of war or other force majure events). Defects caused by faulty software or faulty operation of the software by the customer are explicitly excluded.
2.7 Defects caused by wear and tear (wearing parts and consumables as well as signs of wear on data carriers), decreasing capacities of accumulators and batteries are excluded from the warranty, as are defects resulting from repair attempts by the customer or third parties without the consent of the DCMind GmbH. In particular, not included are defects due to reaching the TBW (Total Bites Written) limits specified by the manufacturer. Due to the technology used, SSDs are also consumables and can only be described to a limited extent with data.
3. Content of the service and warranty services of the DCMind GmbH
3.1 The DCMind GmbH agrees to provide the guarantee services to the customer in accordance with the following provisions. The use of the service requires that the customer contacts the technical support of the DCMind GmbH and makes a claim in accordance with no. 2 asserted.
3.2 In case of this replacement service, the hardware component identified and reported as defective by the customer is replaced by the transmission of a replacement component in accordance with the following provisions. The DCMind GmbH will send the customer a replacement component as soon as possible (as far as reasonable and customary in the industry), which the customer will then replace himself.
3.3 The exchange takes place according to the specifications originally agreed between the DCMind GmbH and the customer in an equal or higher quality component, brand and model are not decisive. Replacement components can also be repaired parts.
3.4 There is no claim on the part of the customer for the exchange of complete, executable systems. If the functionality can be restored by replacing individual hardware components, the customer's claim is limited to this.
3.5 The use of the guarantee services further presuppose that the customer reports the warranty claim to the DCMind GmbH immediately, at the latest 4 weeks after the first occurrence of the defect or defect.
3.6 The exchange service with express delivery as described in section 3.2 can only be provided within the Federal Republic of Germany. Outside of the Federal Republic of Germany, delivery takes place in the course of standard shipping.
3.7 The DCMind GmbH reserves the right to declare the hardware components reported as defective by the customer and therefore exchanged for the actual existence of a warranty claim according to para. 2 to investigate. If the investigation shows that no warranty claim according to para. 2 is given, the DCMind GmbH expressly reserves the right to charge the customer the replacement component and the shipping costs.
3.8 Other claims of the customer against the DCMind GmbH from the agreement of the exchange service are excluded, in particular, the DCMind GmbH assumes no strict liability for damages. The contractual or legal claims of the customer towards the DCMind GmbH as seller remain unaffected.
4. Availability of technical support
The technical support of the DCMind GmbH can be reached during the service hours of the DCMind GmbH. These are from Monday to Thursday from 8 am to 5:30 pm and on Friday from 8 am to 3 pm. In case of an error message, the serial number of the affected device must be specified. Alternatively, the fault can also be reported by e-mail to the support of the DCMind GmbH. The support team is available by phone at +49 89 3066941-0 or by e-mail at firstname.lastname@example.org.
5. Services not included, data backup
5.1 The replacement service does not cover:
- Backing up and reloading data and applications
- the reconfiguration of RAID systems
- the installation and maintenance of software
- with exchanged hard disks, the loading of the operating system and the application software
5.2 The Exchange Service also does not cover the setting of security features, deleting passwords, providing and installing BIOS, driver or software updates / upgrades, and restoring software and customer data.
5.3 The DCMind GmbH assumes the existence of a regular data backup made by the end user. As part of the exchange service, data, programs, software, etc., which are located on the defective hardware components, may get irretrievably lost. Therefore, it is the responsibility of the customer to make a backup of all data, programs, software, etc. before sending it back to us to make sure a reinstallation can be made directly after the exchange service. Likewise, it is the customer's responsibility to have a working infrastructure and its recovery processes in place to restore the backups.
As part of the exchange service, individual customizations of the customer may get lost. The restoration or re-establishment of individual customer settings is not the subject of the replacement service during the warranty service. These settings have to be made by the customer himself.
6. Transfer of exchanged hardware components, data protection
6.1 If defective hardware components are exchanged, they become the property of the DCMind GmbH.
6.2 The replaced hardware components will be picked up by the DCMind GmbH at the expense of the DCMind GmbH. The customer must ensure transport safe packaging and make a collection possible within 10 working days after the claim.
6.3 It is the responsibility of the customer to ensure that no personal or confidential data remains on the replaced hardware components collected by the DCMind GmbH. The DCMind GmbH can not assume any liability for the preservation or protection of any remaining data on these hardware components.
6.4 In the event that replaced hardware components are not provided within 10 working days after delivery of the replacement components for collection by the DCMind GmbH, the DCMind GmbH is entitled to charge the customer the replacement components.
7.1 The DCMind GmbH is liable for damages only for intent and gross negligence - for whatever legal reason. In case of ordinary negligence the DCMind GmbH is only liable
- for damages resulting from injury to life, limb or health,
- for damages resulting from a breach of a material contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible in the first place and whose compliance the contracting party regularly relies on and can trust); In this case, however, the liability of the DCMind GmbH is limited to compensation for foreseeable, typically occurring damage.
7.2 These limitations of liability also apply to breaches of duty by or for the benefit of persons whose fault the DCMind GmbH is responsible for under statutory provisions.
7.3 Liability under the Product Liability Act remains unaffected by the limitations of liability.
8. Statute of limitations
All claims of the customer arising out of and in connection with the service agreement of the DCMind GmbH become statute-barred 12 months after expiry of the warranty period.