§ 1 General
1.) Offers, deliveries, contracts and services are subject to the following terms and conditions. These Conditions by order as accepted by the customer.
2.) From our trading conditions deviating or conflicting terms and conditions of the customer are not recognized.
3.) Differing or additional agreements and supplementary agreements must be in writing.
§ 2 Contract Processing
1.) All offers are always non-binding. A contract is only when a letter of acceptance or the customer order was confirmed in writing or by telephone by us.
2.) All at an offering belonging, such as photocopies, drawings or specifications shall be deemed binding and are to be regarded only as guidelines. At all documents we reserve ownership and copyright. The accompanying a quotation are surrendered to us, if the order should not be granted to us.
3.) With services and futures prices are considered non-binding and only indicative deadlines or target prices.
4.) Cost estimates are not binding, unless it is otherwise agreed in writing.
§ 3 Prices
1.) The prices are in the currency of the Federal Republic of Germany. Prices compared to commercial customers are excluding. VAT.
2.) Lying between contract and delivery more than 3 months, we are entitled to cost increases, eg., By collective agreements or supplier price increases to flip on prices. If the new price the originally valid price by more than 5%, the customer is entitled to cancel within 7 days of notification of the price increase the contract.
3.) All prices are excl. Packaging, transport and insurance costs.
§ 4 Delivery
1.) Delivery bmw. Delivery periods require written or telephonic confirmation.
2.) Delivery and service delays due to force majeure and events that significantly complicate the delivery or performance, for example, by strike or lockout, we are not responsible. In this case we are entitled to the delivery time plus the duration of the delay. Postpone a reasonable time or to withdraw from the unfulfilled portion of the contract. In this case, the customer may not claim compensation or damage resulting from default, unless it was not about the circumstances which lead to the delivery delay, inform us.
3.) For delivery by us, the goods are packed considered reasonable by us. Shipping is included transport insurance. The costs of delivery and transport insurance to the customer.
4.) We have the right as a seller to trade payables.
5.) The risk is at its destination on to the customer, unless the delivery is done by us. If delivery is not by us, the risk is transferred to the buyer once the goods were handed over to the person carrying out the transportation, or in shipping as soon as the goods have left our operations.
6.) The delivery or service shall fulfill all writing captured requests and claims by offers, specifications, etc., but no later than with the acceptance as provided by the customer or the goods arrive at the customer. In this case there is a legal right to the signing of the delivery documents (delivery) for us.
§ 5 Pay
1.) The payment must be made in full within 14 days of receipt of the invoice, unless it is in writing another payment date has been agreed. Changes are not accepted by us.
2.) Should the customer get into arrears with the payment of the invoice, we are entitled to interest at the rate of 7% above the applicable base rate P.A. to assert. We reserve the right to prove a higher damage.
3.) We are entitled to collect for any lump sum payment reminder a reminder fee of EUR 2.50.
4.) The customer may only with our written recognized or legally recognized counterclaims or exercise a right of retention due to these claims.
5.) If the customer is already with the payment of previously sold goods in default, we are entitled to credit incoming payments first to the previously delivered goods and about already existing arrears and collection expenses.
§ 6 Retention of title
1.) The delivered goods remain until full payment of the purchase price and repayment of all existing from the business relationship and future claims, regardless of the legal reason, as reserved goods our property.
2.) If reserved goods are sold by our customers, or combined with other objects, so he already assigns the claims arising from the sale or joint claims amounting to the value of the goods with all ancillary rights and priority over the rest of us; We accept this assignment. The value of the goods equal to the amount provided by us in invoice plus a security surcharge of 10%, which however is not recognized, as far as rights prevent him third.
3.) Our client is entitled and authorized that the requirements described in the above standing paragraph actually transferred to us for sale, or combination of the goods only in the ordinary and proper business and provided. For other disposal of the reserved goods, particularly pledging or transfer of ownership, the customer is not entitled.
4.) The handling and processing of the goods is carried out for us, without obligating us.
5.) We empower our customers, subject to revocation, to collect the claims assigned to us. At our request, our customer has to name the debtors of the assigned claims and show the amounts owing. We are also authorized the debtors of the assignment.
6.) If the value of granted to us our claims by more than 10%, so we are obliged to transfer or release by choosing our customers.
§ 7 Warranty
1.) We guarantee that the goods supplied by us are free of defects and have possibly warranted characteristics. No guaranteed characteristics are technical data and descriptions in the product. The warranty period is 6 months from date of delivery. Consequential damages are excluded from the warranty.
2.) Obvious defects must be immediately, but not later than within 2 weeks after delivery, in writing to stating the delivery note or invoice number. Under the same conditions Insufficient or incorrect deliveries must be reported. If this deadline is not met, the warranty is excluded.
3.) Hidden defects which could not be detected with careful examination within this period must be reported to us immediately after their discovery. However, this notification period expires at the latest together with the statutory warranty period.
4.) For used equipment is no warranty. Should we have been entrusted with the repair of a thing, will be warranted for actually carried out work.
5.) We have to remedy the defect either the right either to repair or to replacement of defect-free goods train to train against return of transactions affected by the lack of thing (Exchange).
6.) The repair is carried out, unless otherwise agreed in writing at our offices. Transport is at the risk of the buyer. The buyer has to ensure that any existing data is stored externally. Approximately shipping costs are vorzustrecken by the customer. In the case of justified warranty claims he gets these costs back from us. In the event of unauthorized registration of warranty claims, the customer bears both his own and our postage and packaging costs. In addition, will be charged in this case by us a handling fee applicable at the time of the complaint service prices.
7.) Could the lack despite two repair can not be eliminated or the substitute goods delivered free of defects, the customer has a right to cancel (undo) the purchase contract or reduction.
8.) For defects caused by improper use, by conversion of the product or the installation of incompatible parts, from any liability. Also eliminates liability for wear parts. Furthermore, there is no warranty if the serial number, type name or similar characteristics are removed or made illegible. Furthermore, we assume no guarantee if the customer us false information, for example, issued on specifications or the use of the goods supplied.
9.) If one of our suppliers offer a longer warranty period, so we give this so far to our customers, as this also in the beyond our warranty period time may also contact us so that we can claim the goods on our behalf.
10.) Services such as Training or advice serve only the customer information and does not make any representations in terms of warranty law. Therefore, we assume no liability for the correctness of information given, unless it has been granted intentional or grossly negligent false information. The burden of proof lies with the customer.
11.) According to today’s state of the art it is not possible to create software completely free of errors. We therefore assume no liability for the provided programs we are free from errors, and meet the requirements of the customer, even if they are created with great care. The suitability of the programs for a particular purpose is not promised, so far as it concerns standard programs.
§ 8 Damages
As far as in these conditions otherwise agreed, all claims of the customer, in particular penalties and claims for damages from impossibility of performance, positive breach of contract, default, negligence in contracting and excluded tort, unless they are based on intent or gross negligence of us or our agents.
§ 9 Resignation
1.) If the customer defaults on payment, we are entitled to rescind the contract.
2.) In addition, we are entitled to withdraw if the client false information about circumstances relevant contract or its creditworthiness makes with order or the customer not recognized creditworthiness missing for us.
§ 10 Software
Trading house foreign software
1.) By opening the sealed data carrier package, equal to what kind and where, the software license terms of the manufacturer are acknowledged. Subsequent Returns and exchanges can be made after opening. Excluded the right to return of proven defects affected products remain under the warranty.
2.) The performance specifications of the software programs are definitions and specifications on the part of producers and authors and no warranty legal assurance from the seller.
3.) If defects occur, the treatment and processing must be stopped immediately.
4.) The buyer is solely responsible for the selection of programs in terms of hardware compatibility and to his desired specifications.
5.) The seller is not liable for damages, consequential damages and financial losses that have arisen from the use of programs, unless the damage is caused by an intentional or grossly negligent breach of contract by the seller.
6.) The parties assume that is to be delivered programs copyright by the manufacturer. For whose release is therefore the provisions of the manufacturer apply.
Custom Software Development
1.) Our scope of services include custom software solutions. Details of the development are writing to arrange in the form of a specification between the parties. The specification or an equivalent document and any written amendments thereto are automatically part of the contract.
2.) The customer receives at the software we developed a simple bound and non-transferable right. This means that the software developed by us must not be used simultaneously in different places and on different devices. Copies may only be made for hedging purposes and not to third parties. A multiple right of use has to be agreed in writing.
3.) The customer may transfer his rights of use only in total to a third party, and this is an explicit reference to these conditions. With transfer of the usage right extinguish all rights of the transferor. Possibly any copies shall be destroyed immediately.
4.) The retranslation of our programs (decompiling) or any other kind of program change or editing by the customer or a third party is prohibited. The copyright to the source code, development documentation, etc. always remains in full upon us.
5.) Evidence of our copyright, for example, on any media or documentation, may be removed or altered or defaced.
§ 11 Data Protection
1.) All data is stored by us in accordance with the data protection act electronically and / or manually and under the privacy laws processed further.
2.) In the event that we are entrusted with the development of software, we commit ourselves, only for this development to take advantage of all the data, which were left for testing from our customers and we need to tailor to permanently delete.
§ 12 Final Provisions
1.) These Conditions and the entire legal relationship between the customer and the Solconia GmbH the law of the Federal Republic of Germany.
2.) General Jurisdiction of Solconia GmbH Aschersleben, Germany. For claims by us towards the customer of the general jurisdiction of the domicile of the client applies.
3.) Should one or more of the terms and conditions by legal or other arrangements is or becomes invalid, this shall not affect the validity of the remaining provisions. With regard to the invalid part, the Parties undertake already now to make a provision that comes the way of success of the ineffective portion become as close as possible in compliance with the legal requirements.