§ 1 Scope
All current and future business relationships between devtag and our customers are based on the General Terms and Conditions (GTC) listed here, even if they are not expressly agreed again. Deviating terms and conditions of the customer shall apply only to the extent that they comply with these provisions, otherwise they are hereby expressly contradicted. All agreements deviating from these General Terms and Conditions made between us and the client for the purpose of executing this contract shall be recorded in writing. Separate agreements are made with respect to devtag's own software.
§ 2 Offer, order and conclusion of contract
(1) All offers of devtag are non-binding and non-binding, unless devtag has expressly designated the offer as binding. Small changes of product information such. B. technical changes, design and shape changes remain within the reasonable limits. Properties of the hardware and the programs result from the respective instructions for the system.
(2) By ordering the goods / services, the customer bindingly declares that he wishes to acquire the ordered goods / services. Offers shall only be deemed accepted if devtag delivers the goods to the customer within a period of 14 days after receipt of the order or sends an order confirmation to the customer within this period.
§ 3 prices and terms of payment
(1) The prices are valid at the time of the order.
(2) Unless otherwise stated in the order confirmation, our prices are ex works plus the respective statutory value added tax. Shipping, transport and packaging costs are not included in the quoted prices and must be paid separately.
(3) The installation of the hardware as well as of programs, networks and accessories, any support services and the briefing and setting up of the programs at the customer's request shall be remunerated separately, unless otherwise agreed. Accessories such. Data carriers, network cabling, power supply, etc. are not included in the delivery.
(4) If paid according to expenditure, the hourly rates, travel and ancillary costs are based on the rates customary on devtag. Travel times are working hours.
(5) The purchase price is due without deductions immediately after receipt of the invoice, at the latest within 8 days from the date of the invoice, unless the order confirmation specifies otherwise. devtag charges from the 9th day statutory default interest acc. § 288 Civil Code. The assertion of any further damage caused by devtag remains unaffected.
§ 4 delivery
(1) Delivery is ex works.
(2) The goods travel at the risk of the customer.
(3) Transport insurance is only taken out at the express request and at the expense of the customer.
(4) If the system is installed by devtag as agreed, the customer must appoint a contact person no later than one week prior to installation, who is authorized to make decisions and is available for necessary information. The customer must provide for the necessary in-house wiring as well as the provision of the necessary electrical installation.
(5) If no installation is agreed, the service is provided upon delivery. Place of fulfillment is the loading point of devtag in Schechen.
(6) If storage by devtag is required, this shall be at the customer's own expense and risk.
§ 5 Delivery and service time / delivery delay
(1) Delivery dates or deadlines that have not been expressly agreed as binding are only non-binding information. If devtag culpably fails to meet an expressly agreed deadline or is in default for any other reason, the customer shall grant devtag a reasonable grace period of at least 4 weeks, starting from the day of the written notice of default. After fruitless expiration of this grace period, the customer can withdraw from the contract. Claims for damages due to delayed delivery are excluded.
(2) devtag is entitled to withdraw from the contract if the ordered goods are no longer available / available or if devtag itself can not be supplied by its supplier on time. In this case, devtag is obligated to inform the customer immediately about the unavailability of the goods / services and to reimburse immediately any already refunded consideration of the customer.
(3) devtag is entitled to make partial deliveries at any time as far as this is reasonable for the customer.
(4) If the shipment is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer at the time of readiness for shipment. The costs incurred by the delay must be borne by the customer. If the customer has not accepted the goods within 4 weeks after expiry of the agreed delivery time, devtag reserves the right to charge the goods.
§ 6 Liability for defects
(1) The customer must inspect the delivered goods immediately upon delivery / collection and notify any discernible defects, shortages or wrong deliveries immediately, at the latest within 8 working days after delivery, in writing to devtag. Hidden defects must be reported in writing immediately after their discovery. We have the opportunity to jointly identify the reported complaints. If the customer does not comply with the aforementioned obligations, the goods are deemed approved.
(2) Insofar as we are responsible for a defect in the goods, we shall be entitled to subsequent performance, excluding the rights of the customer, to withdraw from the contract, to reduce the purchase price or to demand compensation, unless we are legally entitled to do so are entitled to refuse supplementary performance. The customer has to grant devtag a reasonable period for supplementary performance. The supplementary performance can be done at our discretion by repair or replacement.
(3) We bear the expenses necessary for the remedy of the defect, insofar as these are not increased by the fact that the purchase item is located at a place other than the place of performance (in Schechen).
(4) The liability for defects expires for such hardware and programs that the customer changes or in which the customer intervenes in any other way, unless he proves in connection with the error message that he was not responsible for the error.
(5) If the customer is a merchant, then the buyer's warranty claims expire one year after delivery of the goods to the customer. Any manufacturer's warranties remain unaffected.
§ 7 Limitation of Liability
(1) We are unlimitedly liable only for damages caused by gross negligence or intent by us or our vicarious agents. In the event of negligence caused property and financial loss, devtag and its vicarious agents are only liable for the breach of a material contractual obligation, but limited in amount to the damages foreseeable at the time of the conclusion of the contract and typical for the contract. Significant contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. For merchants, liability for gross negligence is limited to the typically and typically foreseeable, contractually typical and customer-uncontrollable financial loss.
(2) It is the customer's responsibility to ensure that data has been properly backed up before installation work commences. devtag does not check any previous backups or the presence of the correct data and accepts no liability for bad data on the backup media.
(3) Further liability is excluded, regardless of the legal nature of the claim asserted. This applies in particular to tort claims or claims for reimbursement of futile expenses instead of performance.
(4) Insofar as our liability is excluded, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
(5) The customer acknowledges that third-party programs and program documents are trade secrets and that they are protected by copyright. They are subject to the respective license and usage conditions of the respective manufacturer. The customer makes unlimited provision that the programs and program documents provided to him may not be made accessible to third parties without the consent of devtag.
§ 8 Retention of title
(1) The ordered goods remain the property of devtag until full payment of the goods and at the time of the conclusion of the contract against the customer. The retention of title to the delivered goods expires only when the customer has settled all claims from the current business relationship (current account reservation).
(2) The customer is entitled to resell, treat and process, connect or mix in the normal course of business, but our rights from the reserved property remain unaffected. Pledging or transfer by way of security is not permitted.
(3) In the event of late payment or the application for the opening of insolvency proceedings over the assets of the customer, we are entitled to claim the immediate release of the reserved goods. The withdrawal does not constitute withdrawal from the contract.
(4) The customer is obliged to secure our rights from the reserved property and assigns to us his claims from the resale of the goods against the buyer already now. If the customer violates his due diligence obligations with respect to the goods delivered under retention of title, we are entitled to withdraw from the contract.
(5) We are obliged to release the securities to which we are entitled insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%, whereby we are responsible for the selection of the securities to be released.
§ 9 Final Provisions
(1) If the customer is a merchant, then the place of fulfillment and place of jurisdiction for deliveries and payments as well as all disputes between us and the buyer arising from the sales contracts concluded between us and him is our registered office in Schechen. However, we are entitled to sue the customer at his place of residence and / or business.
(2) The law of the Federal Republic of Germany shall apply to all legal relationships between devtag and the customer.
(3) Should individual provisions of these Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effect comes closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
(4) The data necessary for the business transaction are stored and processed within the meaning of the Federal Data Protection Act. devtag and the customer undertake to treat as confidential all information obtained under the contractual relationship and confidential information for an unlimited period of time.