General Terms and Conditions
Our General Terms and Conditions below apply to all contracts concluded by us with companies, legal entities under public law and special funds under public law.
1) Deviating agreements
We do not recognize any deviating general terms and conditions of the customer. Changes to these terms and conditions require our express written acknowledgement in order to be legally effective.
2) Offer and conclusion of contract
a) Cost estimates are prepared by us conscientiously and as accurately as possible. However, we reserve the right to make subsequent changes and additions.
b) Illustrations in printed matter, weights and dimensions are approximate unless guaranteed in writing.
c) Insofar as we confirm orders in writing, the content of the confirmation shall determine the contractual relationship and the scope of delivery in a legally binding manner.
d) Ancillary agreements and verbal declarations incl. In this case, assurances and guarantees given by our employees shall only become part of the contract if they are confirmed by us in writing. The power of attorney to issue guarantees and assurances is limited to managing directors, authorized signatories and authorized agents.
3) Prices
Our prices are quoted in € plus VAT.
4) Delivery times
Delivery dates are only binding if expressly agreed in writing, as our employees are not authorized to make verbal promises. The delivery dates shall apply subject to the proviso that
– we ourselves are supplied correctly and on time,
– unforeseeable circumstances, including strikes, lockouts and force majeure, prevent fulfillment of the contract.
of the obligations,
– the customer fulfills his obligations to cooperate (handing over necessary documents, information, etc.) in good time.
5) Warranty
a) In the event of defects in purchased items or works, we undertake, at our discretion, to rectify the defect free of charge or to make a new delivery. In the event that the repair or replacement delivery fails, the customer shall retain the rights under §§ 437 No. 2, 440, 441 BGB (withdrawal or reduction). Withdrawal due to failure of subsequent performance requires at least three unsuccessful attempts at rectification. We shall only be liable for damages under the warranty if we are responsible for the damage due to intent or gross negligence. This restriction does not apply if the damage occurs to the life, body or health of a person.
b) Should the customer, for his part, be exposed to warranty claims due to a newly manufactured movable item delivered by us, he shall remain free to exercise his rights under §§ 478, 479 BGB.
c) The customer undertakes to carefully inspect purchased or rented items and other services upon handover or acceptance and to notify us if a defect becomes apparent. If a defect becomes apparent later, notification must be made immediately after the defect occurs. If the customer fails to make these notifications, the service shall be deemed to have been approved even in view of the defect.
d) Warranty claims shall lapse in the event of improper interventions by third parties in delivery items or services without our approval.
e) We sell used machines as is.
f) The technical data and descriptions of delivery items contained in the brochure material and offer text are based on information provided by the manufacturer. We are therefore unable to guarantee these properties to the customer.
g) The warranty limitation period is one year. In the case of claims for damages arising from intent for which we are responsible and in the case of §§ 438 para. 1 no. 2, 634 a para. 1 No. 2 BGB, the statutory time limits shall apply. § 479 BGB remains unaffected.
6) Exclusion of claims
Unless our business liability insurance intervenes and unless essential contractual obligations (so-called cardinal obligations) are affected, we shall only be liable for damages for intentional and grossly negligent behavior attributable to us by law. This exception does not apply in the event of damage to life, limb or health of a person.
7) Loss minimization/data backup
The customer undertakes to take all precautions to minimize any damage that may occur and, in particular, to back up data daily using at least five data carriers in regular rotation. Additional information on all data backup issues can be obtained from us. Our liability is excluded for damages that could have been avoided by proper data backup.
8) Prohibition of assignment
The customer’s rights arising from transactions concluded with us are not transferable.
9) Payment
a) All invoices are to be paid net cash immediately when due, unless otherwise agreed. Default occurs on the fifth day after the due date and invoice date.
b) The withholding of payments and offsetting due to counterclaims not recognized by us or not legally established is not permitted.
c) If bills of exchange are accepted by prior agreement, this shall only be on account of performance. Discount and bill charges plus VAT shall be borne by the client in accordance with private bank rates and are due immediately.
10) Retention of title
The delivery of all goods is subject to retention of title. The goods shall remain our property until full payment of all our claims arising from our business relationship with the buyer.
11) Property rights and copyrights
All copyrights and industrial property rights to software services, cost estimates, drawings, offer documents, etc. shall remain with us. The aforementioned services and documents may not be made accessible to third parties.
12) Additional conditions
a) Additional conditions for services: In addition to the above terms and conditions, the following applies to installation and services:
(1) External work: Our quotations do not cover non-operational work (e.g. construction of wall openings, painting work, etc.).
(2) Cost estimates: If the price estimates in cost estimates are not guaranteed, we shall inform the customer immediately if it becomes apparent that the estimate is likely to be exceeded by more than 20%. The customer is then entitled to terminate the contract in accordance with. § 650 BGB to terminate the contract.
(3) Interim invoices: Installation and service work, the total length of which extends over a period of more than 6 weeks, entitles us to 14-day interim invoices, which are due immediately.
b) Additional conditions for software services: In addition to the General Terms and Conditions, the following applies to software services:
(1) Standard programs: The scope of services of standard software (basic program packages and industry program packages) is defined in the respective service description provided to the client. Deviating or additional requirements are only binding if they have been confirmed in writing. Our employees are not authorized to make verbal commitments.
(2) Individual programs: The program definition for the individual software according to its scope of services and its use is based on the system analysis carried out according to the customer’s specifications and forms the basis for the programming. The program definition shall be confirmed to the customer in writing (cf. Section 2c).
(3) Right of use: The customer has the right to use the programs in the operating environment specified by the licensor either to the extent specified in detail in the annex to the contract or in the program certificate, or – if no precise specification is made – to use the programs for a single user on a single computer.
(4) Third-party licenses: We transfer third-party licenses only under their license terms.
13) Place of performance and jurisdiction
The place of performance for delivery and payment is Bremen. The place of jurisdiction for all claims arising from our legal relationship with customers is Bremen; this place of jurisdiction is exclusive for claims directed against us. We are also authorized to take legal action against the customer before any other court having jurisdiction according to the statutory provisions. The agreement on the place of jurisdiction does not apply to entrepreneurs who are not merchants.