Terms and Conditions

1. Scope of Application

1.1. These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between you as a consumer and ULBER-AUDIO. These GTC apply exclusively between ULBER-AUDIO and end consumers.

1.2. According to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed to either their commercial or independent professional activity. An entrepreneur, according to § 14 BGB, is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

1.3. Your contractual partner is:

The following GTC apply to the provision of repair and service services by the following company:

ulber audio
Währentruper Str. 73
D-33813 Oerlinghausen
Owner: Werner Ulber
VAT ID: DE282502438
Email: info@ulber-audio.de

The following GTC apply to the provision of repair and service services by ULBER-AUDIO (hereinafter referred to as UA) in accordance with the contract concluded between UA and the customer.

2. Cost Information, Cost Estimate

2.1. Cost estimates provided by UA before the repair is carried out are non-binding. If the repair cannot be carried out at these costs, the customer's consent must be obtained if the total costs exceed the stated amount by more than 15%. In this case, UA will provide the customer with a new cost estimate.

2.2. The repair will only be carried out after the customer has confirmed the cost estimate verbally or in text form.

2.3. If the customer repeatedly requests a cost estimate for the same repair work, costs will be charged to the customer for this.

3. Scope of Services / Non-Executable Repairs

3.1. The repair flat rates listed in the price information include restoration (labor time, spare parts), cleaning, functional testing, warranty, and return shipping.

3.2. The customer grants UA the right to repair defective assemblies and parts by replacing them with functionally equivalent parts.

3.3. If a repair cannot be carried out and/or completed for reasons not attributable to UA, UA will inform the customer immediately. In this case, the customer is only responsible for the costs of insured return shipping. If the customer does not arrange return shipping, no further costs will be incurred for services and/or disposal.

Reasons for a non-executable repair exist if:

• 3.3.1. The reported fault did not occur during inspection.
• 3.3.2. The required spare parts are not available.
• 3.3.3. The item to be repaired is so damaged that repair is not possible.
• 3.3.4. The contract was terminated during execution.
• 3.3.5. The item to be repaired only needs to be restored to its original condition at the customer's explicit request and against reimbursement of the flat-rate expense, unless the work carried out was not necessary.

4. Price and Payment

4.1. The price is determined by the UA price information accepted at the time the order is placed. Payment is to be made immediately upon receipt of the invoice, net without discount. Value-added tax will be calculated at the statutory rate applicable on the day the invoice is received and charged to the customer in addition.

4.2. Withholding payments or offsetting against any counterclaims of the customer is only permissible if these counterclaims are undisputed or legally established and the counterclaim, in the case of withholding, is based on the same contractual relationship.

5. Transport and Insurance

5.1. Items for repair transported by UA's transport service provider are insured in accordance with the transport service provider's guidelines.

5.2. For items for repair sent or delivered by the customer themselves, the risk passes to UA upon actual receipt by UA.

5.3. Upon collection or return of the devices, the risk passes to the customer upon handover. In the case of shipping by a transport service provider, the risk passes to the customer when the item for repair is handed over to them.

5.4. If the customer does not specify the return shipping method, UA will select the shipping method and transport service provider with the due care of a prudent merchant.

5.5. To avoid transport damage, UA reserves the right to replace damaged or unusable packaging with new packaging. UA bears the costs for repackaging and internal packaging.

5.6. Complaints regarding completeness and transport damage upon delivery must be reported immediately to the transport service provider and/or UA. Notification must be made in text form.

6. Repair Period

Repair periods are regulated in the cost estimate. The information on repair periods in the cost estimate is based on estimates and is therefore non-binding.

7. Acceptance

7.1. Formal acceptance only takes place if this has been agreed in writing.

7.2. Acceptance is deemed to have taken place as soon as the customer has taken receipt of the item for repair.

8. Warranty Conditions

The statutory warranty provisions apply.

9. UA's Lien and Failure to Collect, Retention of Title

9.1. UA has a contractual lien on the items for repair that have come into UA's possession in the course of the order for the services rendered in accordance with the order.

9.2. UA reserves ownership of all accessories, spare parts, and exchange units used until all payments from the repair contract have been received, without prejudice to further security agreements. In the event of a combination, UA is entitled to a co-ownership share in the item for repair equivalent to the value of the repair services.

10. Claims for Defects

10.1. Defects in the work that can be proven to be due to faults in the materials used or to faulty workmanship will be rectified by subsequent performance in accordance with the following provisions:

• 10.1.1. Defects must be reported to UA in writing without delay; recognizable defects must be reported no later than 14 days after acceptance in UA's own operation; if a trial operation has been agreed, after flawless trial operation.
• 10.1.2. Claims for defects become statute-barred one year after acceptance; this does not apply if the law prescribes longer periods in accordance with § 438 I No. 2 and 634 a I No. 2 BGB. The limitation period begins with acceptance in UA's own operation; if a trial operation has been agreed, after flawless trial operation. If circumstances beyond UA's control delay acceptance in UA's own operation or the completion of any agreed trial operation by more than 14 days, the warranty period for defects is reduced by the duration of the delay.
• 10.1.3. For subsequent performance, the customer must give UA the necessary time and opportunity to a reasonable extent. If the customer refuses this, UA is released from the obligation to perform subsequent performance.
• 10.1.4. If UA allows a reasonable period for subsequent performance to elapse without success in rectifying the defect, if rectification is refused or does not lead to the elimination of the defect, and if further rectification cannot reasonably be expected of the customer, the customer has the right to reduce the remuneration by declaration to UA or to withdraw from the contract.
• 10.1.5. Claims for defects expire if the object of the work has suffered due to improper handling or storage, or if changes or repairs have been made to it without UA's written consent and these changes or repairs have led to the defect. Claims for defects do not exist if the defect is due to wear and tear.
• 10.1.6. The parts replaced in fulfillment of these claims for defects become the property of UA upon removal, unless otherwise agreed.
• 10.1.7. For subsequent performance, UA is liable to the same extent as for the original work, namely until the expiry of the limitation period for claims for defects for the original work.

10.2. Further claims by the customer against UA due to defective work are excluded, in particular claims for compensation for consequential damages such as loss of production and use as well as lost profits. This does not apply insofar as mandatory liability exists for personal injury or damage to privately used items under the Product Liability Act or in cases of intent, gross negligence, or breach of essential contractual obligations. Claims by the client for damages that have occurred to the object of the work itself are governed by § 12 (Liability) of these conditions.

11. Liability

11.1. Unless otherwise provided for in these GTC, including the following provisions, UA is liable for the breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

11.2. UA is liable for damages - regardless of the legal grounds - in cases of intent and gross negligence. In cases of simple negligence, UA is only liable:

• 11.2.1. For damages resulting from injury to life, body, or health.
• 11.2.2. For damages resulting from the breach of an essential contractual obligation. In this case, however, UA's liability is limited to the replacement of the foreseeable, typically occurring damage.

11.3. The limitations of liability do not apply if UA has fraudulently concealed a defect or has assumed a guarantee of quality. The same applies to claims by the customer under the Product Liability Act, as well as to claims for damages due to impossibility and delay due to the breach of cardinal obligations.

11.4. To the extent that UA's liability for damages is excluded or limited, this also applies to the personal liability for damages of UA's employees, workers, representatives, and vicarious agents.

12. Currency

Payments must be made in euros.

13. Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is Bielefeld. However, UA reserves the right to sue at another statutory place of jurisdiction.

14. Severability Clause

14.1. If individual conditions of the concluded contract and/or these "General Terms and Conditions" become wholly or partially invalid (e.g., due to a change in the law), the other provisions shall nevertheless remain in force.

14.2. The same applies if a gap is found in the concluded contract and/or these "General Terms and Conditions."

14.3. In place of an ineffective provision or to fill a gap, an appropriate regulation shall apply that - as far as legally possible - comes closest to what the contracting parties would have wanted or would have wanted according to the purpose of the concluded contract if they had considered the point at the time of its conclusion.

14.4. Even repeated non-application of provisions of the concluded contract and/or these "General Terms and Conditions" does not cancel their binding nature.

15. Applicable Law / Miscellaneous

15.1. The law of the Federal Republic of Germany applies exclusively to the contractual relationship and its entire execution.

15.2. To the extent that these conditions are wholly or partially invalid, the contract remains valid in all other respects. To the extent that individual provisions are invalid, the content of the contract is governed by the statutory provisions.

15.3. The German language is available for the conclusion of the contract.

15.4. All agreements, amendments, and supplements to the contract require text form to be effective.

15.5. UA is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards. Information on online dispute resolution: The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The customer can access the platform at the following link: https://ec.europa.eu/consumers/odr

End of the GTC for Repair and Service Conditions

Status: March, 2026