Terms and Conditions

2.1 All offers made in catalogs, advertisements, etc. are purely speculative and subject to confirmation, including pricing. Unless different validity dates are specified in the offer, we will be bound by specifically created offers for 42 calendar days beginning on the date of the offer.
2.2 All information and materials given, including those in electronic format, remain our property. Without our consent, you may not divulge, publish, copy, or otherwise make our offer materials, drawings, descriptions, samples, and cost estimates available to third parties. The documents must be returned upon request without copies being kept.
2.3 We will be made aware of any legal or government requirements for the formulation of offers, the provision of services, the purchase of software licenses, or the carrying out of maintenance by the inquirer or our customer.

3.1 Only our written order confirmation may result in a contract. Our written order confirmation, along with the written attachments to the confirmation, shall serve as the final determinant of the scope of our services.
3.2 Information in offers or order confirmations that is the result of a clear error, such as a computational or typographical error, shall not be binding on us. Instead, the information that was meant will be used.
3.3 Should our customer’s usage site upgrade to a larger CPU (MIPS) or add more computers, the program can be purchased by paying the difference (licensing and maintenance) in accordance with the current pricing list. We retain the right to levy conversion-related administrative fees.
3.4 If it becomes necessary to take into account legal or technical requirements while implementing the order, we reserve the right to deviate from the offer papers or the order confirmation.
3.5 Only if we have expressly consented to them will subsidiary agreements, changes, supplements, or other departures from these Terms and Conditions be enforceable. These agreements need to be put in writing.

5.1 It is necessary for the ordering party to have resolved all contractual and technical disagreements with us and for us to comply with the specified performance date. The delivery term will be extended if this is not the case.
5.2 If notification of readiness to deliver has been given by the date of its expiration, the delivery term will be regarded to have been met. The acceptance date, or alternatively, our indication of readiness to accept, is crucial if the delivery is to be accepted.
5.3 Our suppliers’ prompt and accurate delivery is necessary for compliance with the delivery term. Any delays will be communicated to the client as soon as they become apparent.
5.4 The delivery period will be extended if the inability to meet the deadline is brought on by events beyond our control, such as force majeure, labor conflicts, a delay in receiving governmental permissions, or other situations. This also holds if we are running behind schedule when providing our service. Any delays will be communicated to the client as soon as they become apparent.

7.1 The terms and conditions of the suppliers take precedence for any software items they include in the delivery’s scope. On request, we shall give them to our customers even if they are not readily available. The terms and conditions of our provider are in addition to our terms and conditions. Our Terms and Conditions shall apply if the terms and conditions of our provider are invalid.
7.2 For our software products and the related documentation, our customer is granted a single, non-exclusive right of use for an endless amount of time. This usage privilege cannot be transferred.
7.3 We continue to be the exclusive owner of all copyrights associated with the software used in this agreement. Regardless of whether the program is effectively protected by a patent or a copyright, our customer and we agree that we are to be considered as the owner of all copyrights to it.
7.4 Unless otherwise specified in the contract, we will keep the software’s source code (source program). If we only offer the licensed material in machine language (object code), (re-)conversion into source language (source code), even in part, is not allowed.
7.5 Without our prior written consent, our client may not assign or otherwise transfer any of the licenses specified in the contract to third parties. This consent may not be denied in bad faith. The third-party must consent to the continued legality of the current contract conditions with regard to himself in order to receive approval. Any transfer is banned if there is a reasonable suspicion that the third party would break the terms of the agreement, including by producing unauthorized copies.
7.6 Our customer is required to take reasonable steps to ensure that the software and any accompanying materials are used only for internal business needs in accordance with the terms of the contract and are not shared with or utilized by third parties.

8.1 Only our customer is allowed to use, along with only our customer’s data, at the contractually specified usage place and on the contractually specified computer. Changes to the rights of use are only allowed with our prior written consent. As long as the other circumstances stay the same, the usage site may change. Upon such a change, our customer is required to tell us in writing and immediately delete any copies at the old usage site or move them to the new usage site.
8.2 Without our express consent, our client is not permitted to make a copy of the software themselves or through third parties, with the exception of backup copies. A backup computer could be used for preservation or rebuilding in an emergency. No copies may be distributed to outside parties.
8.3 It is not acceptable for our customers to alter or edit the software without our permission. Only we are permitted to make changes or edits in exchange for fair compensation. If we are unable or unwilling to complete the service, our customer may hire a third party to do the task. We have set aside three weeks to assess the contract’s acceptance.
8.4 It is prohibited for our customers to change or remove any serial numbers or other features that identify the program.

The following rules apply to any work done on our client’s property by our workers or agents:
10.1 Our client is required to take all essential precautions to safeguard property and human life at work, including the cost of informing our employees of current safety requirements and dangers.
10.2 To the degree necessary and at his own expense, our client will assist our employees in completing the work and will provide assistance, such as setting up the construction site or workplaces, providing tools and lifting equipment, providing water, electricity, and a network connection, etc.
10.3 Our customers cooperation is required to make sure that our job may begin as soon as our staff arrives and can be completed without interruption until the time of acceptance.
10.4 In the event that our customer breaches his commitments, we are free to do the tasks that are expected of him on his behalf and at his expense.
10.5 The client is responsible for covering costs incurred and services already supplied by us if a service cannot be provided due to circumstances beyond our control.
10.6 Replacement parts that are used in a method will become our property.

11.1 No deductions are permitted when making payments to one of our bank accounts.
11.2 The customer’s payments are due 30 days from the date of our invoice. The value date of the payment to one of our accounts will determine whether or not this deadline is met.
11.3 If our customer is late with a payment, we may charge interest on the arrears in an amount equal to 5% more than the appropriate basic interest rate (under Section 247 of the German Civil Code), as published by the German Federal Bank. This clause shall have no effect with respect to the right to bring claims for additional damages.

13.1 If the service or delivery item we provide is flawed, if warranted characteristics are missing, or if a damaged state develops during the warranty period as a result of poor workmanship or materials, we have the option to deliver a replacement or fix the defect, with the exclusion of further warranty claims from our customer. Possible options include a number of them. Unless otherwise specified, remedies shall be performed on our property.
13.2 We promise that the software will function on the machines listed in the contract after delivery and installation and when used by our customer in accordance with the conditions of the contract and that the service we offer will be handled by knowledgeable people.
13.3 The 12-month warranty duration starts on the delivery or acceptance date. The warranty period starts once the sixth month after delivery has passed in contracts for work where more than six months pass between delivery and acceptance.
13.4 In contrast to the aforementioned provisions, the following clauses apply if the contract’s subject matter is a commercial transaction for both parties in accordance with Section 343 of the German Civil Code:

• In these situations, our customer is required to inspect the items as soon as they are delivered and notify us of any flaws.
• We are then initially entitled to deliver a replacement or correct the defect after receiving notice of it.
• The customer has the right to request a reduction in compensation or a contract cancellation if the problem cannot be corrected or a replacement cannot be delivered properly.
• Failure of the cure or delivery of a replacement is only granted if we are unable to correct the problem or deliver a suitable substitute at least three times over the course of three weeks.

13.5 Once a product has been delivered or accepted, claims for evident faults are no longer valid. Otherwise, the client must immediately, but no later than two weeks after delivery, tell us in writing of any faults for compliance with the warranty claims. The damaged items must be made available for inspection in the state they were in before the flaw was found.
13.6 Unless total compliance was clearly stated, minor, reasonable changes in the measurements and designs, particularly in the case of repeat orders, shall not be considered grounds for complaint. As long as they do not result in a decline in the fitness for use, technical advancements and essential technical modifications are also considered to be in compliance with the contract.
13.7 If the customer fails to refute a correspondingly substantial allegation that one of these circumstances initially caused the defect, all warranties will be void in the event that the customer fails to follow our operating or maintenance instructions, modifies the products, replaces parts, or uses consumable materials that do not meet the original specifications.
13.8 Usual wear and tear is not covered by the warranty.
13.9 The warranty provisions in our Terms and Conditions do not apply to used-item sales. These items are offered without any type of warranty.