Deliveries and services from the supplier are provided exclusively in accordance with the following general terms and conditions. These can be supplemented by written product or service-specific conditions from the supplier or manufacturer. The manufacturer’s licensing conditions enclosed with the software products are part of the supplier’s licensing conditions.

Any customer conditions that deviate from these general terms and conditions, the product and service-specific supplier conditions and the manufacturer’s license conditions are not valid.

The selection of the delivery items is not the subject of the delivery contract.

Offers from the supplier are non-binding.

Changes in the design or shape of the delivery items, deviations in color and changes to the scope of delivery are reserved during the delivery period, provided that the delivery items are not significantly changed and the change is reasonable for the customer.

The supplier expressly reserves the right to make partial deliveries and services and to invoice them if this is reasonable for the customer, taking into account the interests of the supplier.

Delivery dates and delivery periods are non-binding unless the supplier has expressly confirmed them as binding.

Eight weeks after culpably exceeding a non-binding delivery date or a non-binding delivery period, the customer can request the supplier in writing to deliver within a reasonable period of time, stating that he will refuse to accept delivery of the delivery item affected by the delay after the deadline has expired. The supplier is in default upon receipt of the request.

The customer’s claim to compensation for damage caused by the delay is excluded in the event of simple negligence on the part of the supplier if the customer is a merchant and is limited, if the customer is not a merchant, to a maximum of 10% of the price or remuneration for the delivery part due to the delay cannot be used.

The supplier grants the customer the non-transferable, non-exclusive and unlimited right to use the software within the Federal Republic of Germany in unchanged form by loading, displaying, executing or saving in whole or in part. The right of use only applies to a single device specified in the order form or order confirmation and for the number of users specified there. If the customer intends to use the software on an upgraded device or on multiple devices, this requires the prior consent of the supplier and an amendment to the contract.

The customer is entitled to use the software on other devices belonging to him of the same device type. In this case, the customer must delete the software from the hard drive of the device previously used. The software with the same software serial number may only be stored on one central processing unit. Simultaneous use on more than just one central unit is not permitted.

The customer may use the software in a network if this is expressly agreed in the order form or order confirmation. In this case, the customer must prevent simultaneous multiple use through access protection mechanisms, unless the customer has paid the fee for the software or the network license depending on the number of users for each user connected to the network.

User documentation can be delivered printed or stored electronically at the supplier’s discretion.

Any further use of the software and user documentation, in particular modification or reproduction, is not permitted, unless for the customer’s own use for archiving and backup purposes. The printed user documentation may not be reproduced. If the software is pre-installed on devices delivered to the supplier, the supplier is prepared, at the customer’s request, to deliver a copy of the software for the purpose of data backup on an external storage medium at the customer’s expense. The customer must leave alphanumeric identifiers, trademarks and copyright notices unchanged and keep records of the whereabouts of the external data carrier, which the supplier can view.

The customer is responsible for securing the programs and data of the installed software.

The back translation of the software into other code forms (decompilation) is only permitted within the framework of Section 69e of the Copyright Act. The actions referred to in this legal provision may only be transferred to third parties if, after a reasonable period of consideration, the supplier is not prepared to carry out the desired creation of interoperability for an appropriate fee.

Property rights or other rights holder notices on the data carriers and the user documentation may not be removed.

If the customer is granted more extensive usage conditions or usage rights restrictions are imposed in the manufacturer’s license conditions relating to the software than in these supplier’s conditions, the manufacturer’s usage rights regulations take precedence.

All preparatory measures for installing a computer/cash register system such as: B. laying cables, setting sockets, is carried out by the customer at his own expense and responsibility. The customer must bear any additional expenses incurred by the supplier due to incorrect or inadequate preparatory measures. If the measures are not carried out in a timely manner, the deadline for delivery or service will be extended accordingly.

The customer shall take appropriate measures in the event that the delivery item does not work in accordance with the contract or services are not carried out in accordance with the contract, in particular through alternative procedures, data backup, ongoing review of the results, fault diagnosis and detailed description of the fault pattern. Data must be able to be reconstructed from machine-readable data material with reasonable effort.

At the supplier’s request, the customer will provide storage space, data and telecommunications equipment and the personnel required for accident protection free of charge in order to fulfill the contract. The customer bears the line costs.

The customer allows the supplier access to the delivery item via remote data transmission, as long as this is reasonable for the customer.

Together with the delivery items, the customer will only use accessories and operating resources that correspond to the specifications of the manufacturer of the delivery item

The risk passes to the customer when the delivery items are handed over to the transporter, even if partial deliveries are made or the supplier also provides other services, e.g. B. Shipping and installation, or when returning the goods after the defect has been rectified.

At the customer’s request, the delivery items to be shipped will be insured by the supplier against theft, breakage, transport, fire and water damage as well as other insurable risks at his own expense. The customer must report any transport damage directly to the transport company.

The prices apply as agreed in the order form or order confirmation. Unless otherwise agreed, the prices apply from the supplier’s headquarters. Added to the prices are VAT at the respective statutory rate and other country-specific taxes for deliveries abroad as well as packaging and transport costs and transport insurance costs. Device and software prices do not include compensation for data media, operating resources, accessories, installation, instruction, training and travel costs and are calculated separately.

The supplier’s invoices must be paid immediately without deductions. Partial services will be invoiced after delivery. For orders over €3,000 including VAT, the customer must pay an advance payment of 50% in advance, 30% upon delivery and 20% upon acceptance within seven days of order confirmation.

In commercial transactions, the supplier reserves the right to increase the prices in accordance with the cost increases that occur due to increases in personnel costs, work equipment or material prices.

If the customer is a merchant, he can only assert a right of retention in cases of undisputed or legally established claims.

Retention of title

Warranty

Liability

Export permits

General Provisions

The supplier reserves ownership of the delivery item until all claims against the customer arising from the business relationship have been fulfilled. If the value of all security interests to which the supplier is entitled exceeds the amount of all secured claims by more than 20%, the customer is entitled to request release to this extent.

In the event of a resale, the customer hereby assigns to the supplier the claim against the third party arising from the resale. The buyer undertakes to inform his customer of the assignment at the supplier’s request and to hand over the corresponding sales contract to the supplier. The buyer must either pay incoming payments to the supplier or keep them separately in trust. Pledging or transferring the delivery items as security before full payment is not permitted. In the event of seizure, the buyer must inform the supplier immediately. The customer must bear the costs of the intervention.

If the customer defaults on payment, the supplier is entitled to take back the goods after issuing a reminder. The customer is obliged to hand it over. The taking back or assertion of retention of title or the seizure of the delivery item by the supplier does not constitute a withdrawal from the contract, unless the supplier has expressly declared this or the Consumer Credit Act applies. The supplier is entitled, after prior warning, to utilize the returned delivery item and to satisfy itself from the proceeds.

The customer will insure delivery items owned by the supplier against loss and destruction.

For deliveries abroad, the customer will ensure that the supplier is granted a security interest corresponding to the extended retention of title.

Warranty

Liability

Export permits

General Provisions

The supplier reserves ownership of the delivery item until all claims against the customer arising from the business relationship have been fulfilled. If the value of all security interests to which the supplier is entitled exceeds the amount of all secured claims by more than 20%, the customer is entitled to request release to this extent.

In the event of a resale, the customer hereby assigns to the supplier the claim against the third party arising from the resale. The buyer undertakes to inform his customer of the assignment at the supplier’s request and to hand over the corresponding sales contract to the supplier. The buyer must either pay incoming payments to the supplier or keep them separately in trust. Pledging or transferring the delivery items as security before full payment is not permitted. In the event of seizure, the buyer must inform the supplier immediately. The customer must bear the costs of the intervention.

If the customer defaults on payment, the supplier is entitled to take back the goods after issuing a reminder. The customer is obliged to hand it over. The taking back or assertion of retention of title or the seizure of the delivery item by the supplier does not constitute a withdrawal from the contract, unless the supplier has expressly declared this or the Consumer Credit Act applies. The supplier is entitled, after prior warning, to utilize the returned delivery item and to satisfy itself from the proceeds.

The customer will insure delivery items owned by the supplier against loss and destruction.

For deliveries abroad, the customer will ensure that the supplier is granted a security interest corresponding to the extended retention of title.

Liability

Export permits

General Provisions

The supplier is liable in accordance with the statutory provisions in the event of intent or gross negligence, culpable violation of essential contractual obligations, initial inability in accordance with the Product Liability Act and in the absence of expressly guaranteed properties if the purpose of the assurance was precisely to protect the customer against the damage that has occurred. In the event of a culpable violation of essential contractual obligations, liability is limited to damage typical for the contract and reasonably foreseeable. In these cases, the supplier is only liable for the replacement of lost data if the customer has ensured that this data can be reconstructed from machine-readable data material with reasonable effort.

The supplier is liable in the event of non-fulfillment, if he falls behind with his deliveries and services or if his deliveries or services have become impossible for reasons for which he is responsible, even in the case of simple negligence. Liability is limited to a maximum of 10% of the remuneration agreed for the unfulfilled deliveries or services (excluding VAT).

If the customer is a merchant, liability in the event of gross negligence is limited to contract-typical, reasonably foreseeable damage; The supplier is not liable for gross negligence on the part of vicarious agents if they have violated additional obligations.

Otherwise, the supplier’s liability is excluded, in particular due to business interruption, loss of profit, loss of information or data.

The export of the delivery items and the technical know-how may be subject to domestic and foreign, especially US, export control regulations. The customer undertakes to comply with all relevant export control regulations and to also impose this obligation on any potential buyer.

Subsidiary agreements, changes and additions to this contract must be made in writing. This written form requirement can only be canceled by a written agreement.

The place of jurisdiction for all disputes arising from this contract is the court responsible for the supplier’s registered office, provided that the customer is a registered merchant.

The contractual relationships of the contractual partners are subject to the law of the Federal Republic of Germany. The application of the UNCITRAL Vienna Convention on International Sales of Goods Agreements of April 11, 1980 is excluded.

The contract language is German.

If the contract concluded with these provisions contains a gap or a provision is or becomes wholly or partially ineffective, the rest of the contract remains effective. If the ineffectiveness is not due to a violation of the General Terms and Conditions Act, a provision that comes closest to the economic purpose of the missing or ineffective provision originally intended by the contractual partners is deemed to have been agreed in place of the missing or ineffective provision.

Place of performance is Bielefeld.

If the customer is a legal entity under public law or a special fund under public law, the provisions applicable to a merchant under these conditions also apply.

The customer hereby agrees that data that has become known as part of the contractual and business relationship will be stored and processed by the supplier in accordance with the Data Protection Act to the extent that this is necessary for the execution of the contract, in particular for order processing and customer service, taking the interests of the customer into account are.

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