|
|
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
|
 |
|