General Terms and Conditions (AGB)

1. Scope and definitions

These General Terms and Conditions apply to contracts between Samman IT, proprietor Adam Samman, and its customers for repair, diagnostic, maintenance, installation, configuration, IT, network, server, LED and media technology services.

They apply to consumers within the meaning of § 13 BGB and businesses within the meaning of § 14 BGB. Supplementary individual agreements may be made for specific services. Individual agreements, quotes and order confirmations take precedence over these Terms.

Deviating terms of the customer apply only if Samman IT has expressly agreed to them in text form.

2. Contracting party

3. Repair request, RMA number and formation of contract

Submitting a request through the online form, by email, by phone or by any other means is non-binding and does not yet constitute a binding contractual offer by the customer.

Assigning a request or RMA number serves solely for identification and processing. It is not an acceptance of the order and does not trigger any payment obligation.

A contract is only formed once Samman IT sends the customer an individual quote or order confirmation in text form and the customer expressly accepts it — through the RMA customer portal by confirming the quote, or by another expressly agreed method. If Samman IT marks a quote as binding, Samman IT remains bound by it until the expiry date stated therein.

For consumers, the Terms and, where required, the withdrawal notice are provided before the quote is accepted. The order confirmation is provided on a durable medium, usually by email.

4. Scope of services and technical limits

The type and scope of the service owed follow exclusively from the individual quote, the order confirmation and the documents expressly incorporated therein.

A specific repair outcome is only owed to the extent expressly agreed and technically achievable. For older, already used, previously damaged, or no longer fully supported devices, full restoration may be technically impossible or not economically reasonable.

Samman IT may use suitable staff or qualified subcontractors to carry out the work. Samman IT remains responsible to the customer for performance in accordance with the contract.

Services not expressly ordered are only provided with the customer's prior consent. Measures necessary and not deferrable to avert imminent damage may be taken to the extent required; the customer will be informed without delay.

5. Diagnostics, prices and individual quotes

Remuneration is based on the individual quote, the order confirmation, or another express agreement between Samman IT and the customer. There is no general fixed price list unless expressly referenced in an individual case.

If neither a price nor a method of calculation was agreed, the statutory customary remuneration is deemed agreed.

A cost estimate or non-binding quote is not to be understood as a fixed price unless expressly designated as a binding fixed price. If a significant excess over a non-binding cost estimate is to be expected, Samman IT informs the customer without delay. Further work is only carried out after renewed approval, unless an immediate measure under Section 4 is required.

Costs for diagnostics, fault inspection, disassembly or preparing a cost estimate are only charged if the customer was informed in text form of the amount or basis of calculation before the work began and has agreed to it.

Additional costs, in particular for spare parts, shipping, travel, lifting or access equipment, overnight stays, or third-party services, are only charged if they are included in the quote, subsequently approved, or unavoidable for carrying out an expressly ordered service and recognisable to the customer as such.

6. Spare parts and materials supplied by the customer

Depending on the agreement, Samman IT uses new, used or refurbished spare parts. The type of spare parts is stated in the quote or before installation, where relevant to the order.

If the customer supplies spare parts, software, access credentials, storage media or other materials, the customer is responsible for their lawful use, suitability, compatibility, condition and completeness.

Samman IT accepts no responsibility for the inherent condition, service life or compatibility of parts supplied by the customer. Samman IT's responsibility for a reasonable inspection and proper installation remains unaffected.

If Samman IT recognises that a supplied part is obviously unsuitable or dangerous, the customer will be informed. Samman IT may refuse to use it.

7. Customer's duties to cooperate

The customer must provide all information required for processing completely and accurately, in particular the fault description, known pre-existing damage, previous repair attempts, access requirements and particular safety risks.

The customer must ensure that they own the device or are authorised to order the work, hand over the device and have it processed. They must hold the necessary rights to installed software and stored data.

Where access credentials, unlock codes or administrative permissions are required, the customer provides these in good time and via a secure channel. After the work is completed, the customer should change any passwords that were shared.

Delays or additional expenses arising from missing, late or incorrect cooperation may, after prior notice, be charged in accordance with the individual agreement or statutory rules.

8. Data backup and work on software or data

The customer must create a current and complete backup of all important data, programs, settings and licence information before handing over a device, to the extent technically possible and reasonable.

Diagnostic and repair work may, in individual cases, require reinstallation, resetting, formatting, replacement of storage media, or deletion of data. Such measures are only carried out if covered by the order, subsequently approved, or technically unavoidable, and the customer has been informed.

Recovery or permanent preservation of data is only owed if expressly agreed. Liability for data loss is governed by Section 17.

9. Handover, shipping, packaging and transport

The method of handover and return is agreed individually. Options include in particular shipping, personal handover, pickup, delivery, or on-site service.

If the customer ships a device themselves, they must use packaging suitable for its type, weight and sensitivity. Adequate transport insurance is recommended for higher-value devices. The risk until verifiable receipt by Samman IT is governed by statutory rules.

For a return shipment arranged by Samman IT, statutory risk-allocation rules apply. Towards businesses, the risk of transport passes to the customer upon handover to the carrier, to the extent legally permissible. Towards consumers, the mandatory statutory provisions remain applicable.

Visible transport damage should be documented with the carrier as soon as possible and reported to Samman IT. The customer's statutory rights are not excluded by a late report.

10. Processing times and appointments

Communicated start, completion and delivery times are non-binding estimates unless expressly confirmed as binding.

Processing times may be extended in particular by additional faults, lack of cooperation, hard-to-source spare parts, manufacturer or supply delays, and force majeure. Samman IT informs the customer of significant delays.

For on-site appointments, the customer must ensure agreed access, a safe working environment and the necessary points of contact.

11. Acceptance

The customer must accept the work performed in accordance with the contract once completed. Acceptance may not be refused because of immaterial defects.

Upon handover or return receipt of the repaired device, a functional check or acceptance confirmation may take place. Statutory rules on acceptance by setting a deadline remain unaffected.

If acceptance is excluded due to the nature of the service, completion takes its place to the extent provided by law.

12. Invoice, due date and payment

Remuneration generally becomes due upon acceptance of the service, unless otherwise agreed in the individual quote or order confirmation.

Invoices are payable without deduction within 14 calendar days of receipt. Deviating payment terms, deposits or advance payments may be agreed in the individual quote, in particular for costly spare parts or third-party services.

Invoices may be delivered by email. Statutory rules apply in the event of late payment.

The customer may only set off undisputed, legally established claims, or claims arising from the same contractual relationship. Statutory rights of retention remain unaffected.

13. Retention of title, right of retention and collection

Spare parts and components supplied by Samman IT that have not yet been paid in full remain the property of Samman IT until paid in full, to the extent they remain legally separable.

Samman IT has the statutory rights of retention and the statutory contractor's lien on devices held by Samman IT for the purpose of repair.

The customer must collect completed or unrepaired devices within the individually communicated period, or otherwise enable the agreed return. If the customer falls into default of acceptance after being requested to collect the device, Samman IT may claim the actually necessary and reasonable storage or additional shipping costs. Further statutory rights remain unaffected.

14. Repairs that are not feasible or not economically reasonable

If diagnostics reveal that a repair is technically not possible, not safe, not economically reasonable, or only possible at significantly higher cost than expected, Samman IT informs the customer.

The customer then decides whether to accept a revised quote or end the order. Diagnostic services already agreed and provided, necessary disassembly work, and approved spare parts and third-party costs remain payable.

A specific fault may, despite proper diagnostics, be undetectable, only intermittently present, or masked after a partial repair by a further, independent fault. This does not automatically constitute a defect in the diagnostic or repair service.

15. Termination of the contract for work

The customer may terminate the contract for work at any time before completion. Remuneration and settlement in this case follow statutory rules, in particular taking into account expenses saved.

Either party may terminate the contract for good cause. If the customer fails to provide required cooperation despite a reasonable deadline, Samman IT may terminate the contract under statutory rules and bill for services provided and expenses incurred up to that point.

16. Warranty rights for repair services

Samman IT does not provide a voluntary guarantee for the entire device, its general functionality, its remaining service life, or components not worked on. A voluntary guarantee only exists if expressly designated as such in the individual quote or order confirmation and promised in text form.

The statutory warranty rights relate exclusively to the specifically agreed work carried out by Samman IT and to spare parts supplied by Samman IT. They do not automatically apply to the entire used device.

A defect in the repair service does not exist in particular where the complaint is based on:

• normal wear, ageing, or the limited remaining service life of a used device,
• pre-existing damage that was already documented or not part of the order,
• a new or independent fault in a component not worked on,
• improper operation, lack of maintenance, or use contrary to manufacturer instructions,
• subsequent interference, repair attempts, or modifications by the customer or third parties,
• moisture, overvoltage, dropping, accident, unsuitable power supply, external force, or renewed transport damage,
• the condition, wear, or incompatibility of a spare part supplied by the customer.

The statutory limitation periods apply to warranty claims.

Where a defect is legitimate, the customer has the statutory rights. Samman IT must first be given the opportunity to remedy the defect within a reasonable period, unless setting such a deadline is not legally required. Samman IT bears the necessary costs of a legitimate remedy in accordance with statutory rules.

17. Liability

Samman IT is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, for fraudulent concealment of a defect, for an expressly assumed guarantee, and under the Product Liability Act.

For slightly negligent breach of an essential contractual obligation, the fulfilment of which first enables proper performance of the contract and on whose observance the customer may regularly rely, Samman IT is liable only for foreseeable damage typical for this type of contract.

Otherwise, liability for slightly negligent breaches of duty is excluded. These liability rules apply correspondingly to Samman IT's legal representatives, employees and vicarious agents.

In the event of data loss, liability, except in cases of unlimited liability, is limited to the typical cost of recovery that would have been incurred with a proper and up-to-date data backup.

18. Data protection and confidentiality

Personal data is processed to handle the request, carry out the contract, communicate, invoice, and fulfil statutory obligations. Further information is available in the Privacy Policy.

Samman IT treats non-public information that becomes accessible in the course of the order as confidential. Access to content on devices only occurs to the extent required for diagnostics, repair, data backup, data erasure, or another ordered service.

19. Right of withdrawal for consumers

The following withdrawal notice applies only to consumers, and only if the contract was concluded at a distance or away from business premises and no statutory exception applies.

20. Model withdrawal form

If you wish to withdraw from the contract, you may complete this form and send it to us:

21. Consumer dispute resolution

Samman IT is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

22. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent it does not deprive them of the mandatory protection of the law of their habitual residence.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction, to the extent legally permissible, is the registered seat of Samman IT. Samman IT may also sue the customer at their general place of jurisdiction.

23. Final provisions

The version of these Terms incorporated at the time of contract conclusion applies to each individual order. Changes for future orders will be published on the website and do not apply retroactively to contracts already concluded.

Should any provision of these Terms be or become wholly or partly invalid, the statutory provisions apply in its place. The validity of the remaining provisions remains unaffected.