TERASENS General Terms of Business
 
 
1. General

Deliveries from the company TERASENS GmbH are made exclusively subject to the following General Terms of Business unless otherwise agreed in writing. Customers' terms of business with a different content are only valid if they have been confirmed in writing by TERASENS GmbH. The same applies to modifications and additions to these General Terms of Business. To avoid delays and incorrect deliveries, the product description, operating system and diskette format are always to be quoted when ordering.
 
2. Prices, delivery conditions and payment terms

a) All prices quoted are subject to carriage costs.
b) We reserve the right to correct printing and other errors arising in the production of our price list.
c) Deliveries are made subject to payment by credit card, cash on delivery or payment in advance. Deliveries abroad are made only subject to payment by credit card.
 
3. Acceptance and transfer of risk

a) The customer shall check if anything is missing or damaged immediately upon receipt. If no complaint is made within a period of 8 days following receipt of the delivery, the goods are deemed accepted.
b) The transfer of risk to the customer occurs (even for carriage-paid deliveries) at the time of handover of the goods to the dispatch department.
 
4. Reservation of ownership


The goods are supplied subject to reservation of ownership. The company TERASENS GmbH retains ownership of the goods supplied until payment of all debts arising from the business relationship.
 

5. Software licence conditions

a) By opening the sealed packaging around the disks, the customer agrees to the enclosed licence conditions. No subsequent return or exchange for another product is possible.
 
6. Guarantee and liability

a) In line with the state of the art, errors should possibly be expected in other vendors' software supplied by the company TERASENS GmbH. TERASENS GmbH cannot provide any guarantee for the content of advertising and assurances of properties.
b) In the event of a claim made under the guarantee, TERASENS GmbH can elect to make good the product or supply a replacement. If any defects should not be made good by the company TERASENS GmbH within a further period specified in writing, the customer shall be entitled to demand cancellation of the contract.
c) The guarantee lapses if the contract product is installed incorrectly by the customer or a third party, or is independently maintained, repaired, used, modified or exposed to environmental conditions that are not in accordance with the installation requirements.
d) If upon examination a notification of a defect reveals that there is no guarantee claim, the costs of inspection and repair will be charged at TERASENS GmbH's service rates valid at the time.
e) Otherwise, the company TERASENS GmbH shall not be liable in cases where it is found to be only slightly negligent.
 
7. Protective clause

If individual provisions of these GTBs should be or become ineffective in whole or in part, or if there should be any loophole in these GTBs, this shall not affect the validity of the other provisions.
 
8. Jurisdiction


a) The place of performance for the delivery of the contract products and the jurisdiction for all legal disputes is Munich.

b) Where the parties to the contract are businesses, the statutory provisions valid in the Federal Republic of Germany shall apply to these General Terms of Business
 

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