General terms and conditions General

The following terms and conditions apply to all offers and contracts made by the Computerwerkstättle-Obersulm business. Deviating conditions of the customer that the Computerwerkstättle-Obersulm business does not expressly recognize in writing are non-binding for the Computerwerkstättle-Obersulm business, even if they are not expressly contradicted As far as the object of purchase is mentioned below, this term includes hardware and software as well as accessories in equal measure. Offer and conclusion of contract A contract is only concluded upon receipt of my order confirmation. Oral promises as well as changes and additions to a concluded contract require my written confirmation to be effective. Orders from the customer are deemed to have come about on the basis of these terms and conditions if I send the customer an order confirmation or tacitly perform the service. A contract is only concluded on the basis of my own terms and conditions. Due to any problems that were not foreseeable when the contract was concluded and therefore not calculable During installation, additional work and thus additional costs can arise. The Computerwerkstättle-Obersulm business will not carry out any work that incurs additional costs without consulting and placing an order. A necessary agreement is made immediately after the detection of a problem. Copies, changes, transfer and program protection The customer is prohibited from copying and changing the software sold and / or made available for use, as well as the temporary transfer or granting of sub-licenses to third parties. The removal of programming protection mechanisms is prohibited The Computerwerkstättle-Obersulm business reserves the right to make changes to the hardware and software equipment until delivery, which, however, must not unreasonably affect the interests of the customer.

Delivery deadlines and delivery dates are approximately agreed unless they have been expressly confirmed as binding. The commitment of binding delivery dates is subject to the timely submission of the information and documents of the customer required for the execution of the order, the granting of otherwise necessary approvals and releases as well as the clarification of all technical details and not before receipt of the down payment by the customer as agreed Compliance with my delivery obligation requires the timely and proper fulfillment of the customer's obligation to provide the technical prerequisites for the possibly required commissioning. If a non-binding delivery date is not met, a new reasonable deadline must be agreed; in case of doubt, one month is deemed appropriate and agreed. If the Computerwerkstättle-Obersulm is in default with a delivery or if a delivery becomes impossible, the customer can withdraw from the contract after setting a reasonable deadline in accordance with the statutory provisions. I only have damage caused by delay as a result In the event of force majeure and other unforeseeable, extraordinary and involuntary circumstances, the delivery period is extended to a reasonable extent if this prevents me from fulfilling the delivery obligation on time. If the delivery delay is longer than 4 months, the customer is entitled to withdraw from the contract. If the delivery or service becomes impossible due to an extraordinary circumstance that is not my fault, I shall be released from the delivery obligation. The customer cannot derive any claims for damages from this, even if the aforementioned circumstances arise at the time of an already existing delay. Dispatch, transfer of risk and acceptance The risk is transferred to the customer at the latest with the dispatch, even in the case of partial deliveries. Any returns to me are at the risk and the account of the customer. If the dispatch or acceptance of the delivery item is delayed for reasons for which I am not responsible, the risk is transferred to the customer upon receipt of the notification of readiness for dispatch. Insurance against transport damage is incumbent on the customer, unless otherwise agreed in individual cases. Delivered goods, if they show minor defects, are to be accepted by the customer without prejudice to the rights under no. 6 to receive and remove. Liability for defects and warranty I am liable for defects in the delivery to the exclusion of further claims as follows: All those parts are to be repaired or re-delivered free of charge at my discretion that can be proven within 6 months of the transfer of risk as a result of a circumstance prior to the transfer of risk, in particular due to faulty manufacture or bad material turn out to be unusable or significantly impaired in its usability. Replaced parts become my property. If a longer warranty period has been expressly agreed in the contract, this takes the place of the aforementioned 6 month period. I am liable for the replacement part and for the rework in the same way as for the delivery item, but not beyond the original period for the liability for defects. The defective delivery parts are If the second improvement and / or the replacement delivery fails after a reasonable period of time, the customer can, at his option, request a reduction in the purchase price or cancellation of the contract with regard to the part concerned. For defects in installation, programming and I am liable for other services in accordance with the statutory provisions. My warranty obligation does not apply if components are converted or installed in the object of purchase by the customer or a third party without my written consent. Debit notes from the customer or third parties in this context are ineffective for me. In the event of faulty, improper or negligent utilization or treatment of the object of purchase by the customer in the event of culpable non-compliance with the operating instructions (user manual) and maintenance or care instructions in the event of excessive use, e.g. of printers in the event of natural wear and tear Room temperature or weather if the customer does not give me adequate time and opportunity to remedy defects or to carry out replacement deliveries; use of unsuitable equipment or use of unsuitable additional devices; use of spare parts or accessories that have not been expressly approved by me for damage caused by defective software or which are incorrectly used by the customer. Retention of title The delivery of all items is subject to retention of title in accordance with § 455 BGB. If the customer acts contrary to the contract, in particular if he is in default of payment, I am entitled to take back the purchased item. If I take back the purchased item, I do not withdraw from the contract unless I have expressly stated this in writing. After taking back the purchase price, I am authorized to sell it; the proceeds from the sale are to be offset against the purchaser's liability - less reasonable sales costs. The delivery items remain my property until all claims arising from the business relationship with the customer, including the reduction of claims arising from delivery contracts, have been paid in full, in particular with interest and costs. The retention of title remains in effect until all bills of exchange and checks given to me in payment and, in the case of liabilities from several deliveries, have been redeemed until the entire debt has been settled. The inclusion of individual claims in a current invoice and their recognition does not affect the retention of title. If the delivery item is processed or combined with other goods that do not belong to me, I am entitled to a co-ownership share in the newly created item in the ratio of the value of your delivery item (invoice value) to the value of the other processed goods. If the customer acquires sole ownership (Section 947, Paragraph 2 of the German Civil Code), he is obliged to grant me co-ownership of the new item to the extent specified above and to keep it for me free of charge. The items delivered by me and the items resulting from their treatment and processing may only be resold in the ordinary course of business; in particular, the customer may neither pledge the delivery item nor assign it as security. Exceptions require my express written consent. The purchaser hereby assigns to me the claims and other claims arising from the resale of the reserved goods in addition to all ancillary rights for my security. If the reserved goods are sold by the purchaser together with other goods that do not belong to me, or if I only have a right of co-ownership of the resold reserved goods, the purchase price claims and other claims are only deemed to be assigned in the amount that corresponds to the invoice value of the reserved goods delivered by me corresponds. General liability In addition to the warranty regulation according to Section 6, I am only liable for intent and gross negligence on the part of myself or my vicarious agents. This applies in particular to claims arising from negligence when concluding the contract, positive breach of contract, impossibility as well as breach of advisory or other support services and tort.

Confidentiality / data protection I am indefinitely obliged to maintain secrecy about business and trade secrets as well as all information designated as confidential that become known in connection with the execution of the order. The transfer to persons not involved in the execution of the order may only take place with the written consent of the customer. I commit myself and all persons employed by me to carry out the order to comply with the above regulation. Each contractual partner may data of the other within the scope of the order processing process automatically. Place of performance / place of jurisdiction The place of performance for both parties is Obersulm-Willsbach. The place of jurisdiction for all legal disputes arising from the contractual relationship is the competent court for Obersulm-Willsbach. Ineffectiveness of individual provisions If individual provisions or parts of individual provisions of this sales, delivery and payment terms are invalid this does not affect the validity of the remaining provisions.