Terms and Conditions (GTC)
G.E.I. KRAMER & HOFMNN mbH (in the text hereinafter referred to GEI)
Version of Terms and Conditions (GTC) 01.12.2013
1. Our deliveries and services are exclusively based on these terms and conditions. Conditions of the Buyer do not oblige us if we do not expressly contradict them again after their receipt.
2. Our offers are generally subject to change. The award of the contract shall be construed as statement of the client that he is solvent and creditworthy.
3. The invoice amounts, net cash without any deduction are - unless otherwise stated - in delivery due and payable. Cheques are accepted as payment. Discounting and collection costs borne by the purchaser.
4. contested by us or not legally ascertained counterclaims entitle the purchaser to withhold or to set-off.
5. If the payment objective, at the latest after a reminder, we are entitled to charge interest at the respective bank rates for overdraft facilities but at least interest at the rate of 4% above the discount rate of the ECB. The assertion of further damages remains reserved.
6. Unless subsequently becomes aware of circumstances that make up a substantial fortune degradation of the buyer gives that could endanger our claim for payment, we are entitled, after setting a reasonable grace period to withdraw the goods. We therefore prohibit automatically the resale and further processing of the delivered goods. The withdrawal is not withdrawal from the contract. In any case, we can ask for any outstanding deliveries in advance or collateral. All these legal consequences Purchaser can avoid by paying or ensuring the amount of our endangered pecuniary claim.
7. In the event of late payment rests the right of use of the purchaser of the software, ie a distribution or use of the software is then ruled until full payment of outstanding invoices. In particular, no user licenses may be transferred to third parties.
8. The client agrees to the strict observance of copyright and copyright. He is made here point out that the bypassing or not followed licensing and copyright provisions is liable to prosecution and claims for compensation of GEI result. If an such breach, automatically terminates the rights to distribute, for the use and dissemination of the products supplied by the GEI.
9. The GEI is liable for damages resulting from their software only if you caused grossly negligently or intentionally. In any case, liability is only to the client and not to its customers concerns. In the case of running out of search engines for the purpose of data collection (crawling) the customer bears the risk of fee-based transfer amount of the transferred pages because the URL list compiled by himself or its compilation is commissioned.
10. CFI strives to create error-free programs, according to the state of science and technology. Totally flawless programs but it has been and it will probably never be. This is also known to the client. GEI is any errors in the software free eliminate (repair). For consequential damages resulting from errors in the software, the GEI is not liable.
11. The licensee has its customers always to point out that they have to make a current backup of your data. A liability is expressly excluded for any data loss.
12. The client will applications, CD-ROM to process applications or programs of GEI or is he for example, a master - CD-ROM for reproduction on a CD-ROM producer, the client for damage or malfunction to adhere to the master CD ROM, if it is not extensively testing the application. A liability of GEI is excluded. GEI will eliminate the damage to their software for free. Any additional compensation will be excluded if there is no intent.
13. The client has the obligation, an application that he sells or gives for production, testing it first. Is he in the production or distribution further, the goods or software order shall be deemed accepted. Troubleshooting the customer an improved version of the software will be provided. Further claims can not be asserted.
14 device the GEI in default of delivery, the purchaser is entitled to set a reasonable grace period and to withdraw from the contract after the unsuccessful expiration. Damages for breach may only require the purchaser after expiry of the grace period, if gross negligence or intent shall be represented by the GEI. Force majeure events and other unforeseen circumstances for the GEI, in particular floods, procurement, manufacturing, supply disruptions, strikes, lockouts, etc. in the GEI or its suppliers exempt the GEI - even during an already existing delay - for the duration of the disturbance and a reasonable time of their delivery obligation, unless the fault has been caused intentionally or through gross negligence by the CFI, its legal representatives, or their carry out work / assistants. If by such circumstances our commitment impossible or economically unreasonable, the GEI will be released from its contractual obligations. If the delivery time or the GEI of their contractual obligations freely, the purchaser can not derive any claims for damages. The GEI is obliged to inform the customer of these circumstances without delay
16. If one or more provisions of these Terms invalid or illegal, the validity of the other provisions shall remain unaffected. Then, the provisions that come closest to the original economic intention and comply with the German laws at the place of the ineffective or invalid provisions.
17. All contract and partners of GEI undertake to maintain silence about knowledge or information about GEI and its customers and partners.
18 jurisdiction is, if legally permissible, Saarbrücken. German law applies.
19. Finds the data traffic between the workplace and server through a proxy or a similar device takes place, the operator has to ensure the device that the traffic is funneled through time neutral and unchanged. The elimination or identification of failure causes is chargeable in case of problems.