General trading conditions
01.1 ITC receives orders, sells, rents and supplies exclusively due to these general trading conditions. These following conditions
apply to all achievements which ITC or a Sub-company makes considerably by it accomplishes in the context of the present Treaty.
01.2 Verbally agreed upon changes or additions of the present Treaty are effective only if they were confirmed in writing by ITC.
01.3 Trading conditions of the client are expressly excluded for the representational legal transaction and the entire business relation.
01.4 The sales contract comes off, if ITC receives a written confirmation of order within the acceptance period on the part of the client.
02.1 The supply takes place on invoice and danger of the client.
02.2 Partial deliveries are possible.
02.3 The client has objections from transport damages immediately after receipt of the commodity with the transport enterprise and ITC, at the latest in writing however within 8 days to state.
02.4 Storage actions and storage costs, which become necessary from reasons, which lie in the sphere of the client, go debited to and at expense of the client and to be considered as delivery.
02.5 Essentially justified and appropriate changes of the achievement and delivery obligation of ITC, in particular appropriate time for delivery excesses, are considered authorized by the client as in front.
02.6 Announced dates of delivery are considered, if no firm bargain were agreed upon, as only approximate estimated. Higher force or other unexpected obstacles in the sphere of ITC or their subcontractor relieves ITC of the liability to the agreed upon delivery time.
02.7 Obstruction of traffic and operating and not normal supply of subcontractors are considered even as the higher force and release ITC to the duration of the handicap or after choice from ITC also finally from the obligation to the supply, without requirements result to the client due to the resignation from ITC.
02.8 If the indicated date of delivery is exceeded by more than 30 days, the client is entitled to withdraw after setting a further at least 90-days respite by means of written letter from the contract. Also ITC can withdraw, if the supply becomes impossible by higher force, work conflicts or other obstacles, as for example transportation interruptions or termination of production inevitable by ITC. In both cases ITC is committed possibly received pre-payment only to interest-free payback.
02.9 ITC is open it to select the kind of dispatching the commodity and means of transport.
02.10 Place of delivery for supply and payment is the registered place of business of ITC.
03.1 The prices mentioned apply exclusive transport -, insurance -, installation and list costs and contain no value added tax. These costs are charged for to the client additionally.
03.2 The computation of the prices takes place in euro.
03.3 For the computation of the prices in each case those are by day the supply of valid prices determining.
04.1 Accounting takes place before supply.
04.2 Payments are free of charges without each departure due after accounting. To partial calculations the terms of payment specified for the complete sales order apply similar.
04.3 In the case of orders, which cover several units, ITC is justified to charge after supply of each individual unit or achievement.
04.4 The client is not entitled, restrain payments because of not complete supply, warranty or warranty claims, or objections.
04.5 Incoming payments at ITC erase first compound interests, the interest and additional expenses, the pre-legal-action costs, like costs of a pulled lawyer and debt collecting agency, then the out-responsible capital, beginning with the oldest debt.
04.6 Regarding delay of payment by ITC interests in the extent usual in banking are charged. During disregard of two rates with partial payments ITC is justified to let date loss enter into force and to place handed over acceptances accordingly due.
05.1 The supplied goods remain up to the remaining payment (including interest and costs) unrestricted property by ITC. Client has to ensure for this time for the normal maintenance at his expense. Pledging of goods or transfers by way of security before complete payment are considered as impossible.
05.2 If the client does not follow his obligations from the contract duly, then ITC is at any time justified to fetch its property back at expense of the client to whose publication the client commits itself.
05.3 The client is committed to keep and exhaust at ITC to such kind obtained proceeds immediately separately.
05.4 If the commodity should seized or to be seized, then the client commits itself to give ITC within three days reasonable and all information necessary for the penetration of the vested title.
05.5 If third access still in the retention of title of ITC the commodity and/or make requirements valid, the client commits itself to point out that this commodity is located in the property of ITC.
05.6 The asserting of the retention of title by ITC does not represent contract resignation by ITC.
06 Estimation of costs
06.1 The cost estimate will provided after best specialized knowledge, it can however no guarantee for the correctness be taken over.
06.2 All offerts are not-binding. The costs of refunding a cost estimate, if such accumulate, are charged to the client.
07 Reminding and charges for collection
07.1 For the case of the delay of payment the client is committed, to refund to ITC all spent pre-legal-action costs by ITC, as for instance lawyer fees and costs of debt collecting agencies.
07.2 The client commits itself per effected reminder an amount of EUR 10 to pay - - additionally to the interest and costs otherwise resulting.
07.3 Beyond that each further damage, in particular also the damage of the client, is which results from the fact that due to non-payment according to higher interest results on possible credit accounts of IT-CONCET to replace independently of being to blame for at the delay of payment.
08.1 ITC is obligated in the context of its warrantee within two years after supply to correct rough lack of the contractual items, which were present with delivery, after its choice at the place of delivery by installation of an improved software-Version or by references to the removal or to going around the effects of the error. A condition more for it is a written notice of defect of the client, who this raises immediately, at the latest however within 30 days after supply. Client grants for any defect removal the time and opportunity necessary after discretion of ITC to ITC. If client refuses these, ITC is released from the guarantee. Other legal consequences of the defectiveness of the contractual items are impossible. ITC is no Licensor.
08.2 ITC does not take over guarantee for the fact that the software interruption or error free runs that all software faults can be eliminated by ITC and that the functions contained in the software are executable in all combinations selected by the client and its requirements to correspond.
08.3 From the guarantee wearing parts and accessories are excluded (as for example data medium) as well as repairs due to external influences (as for example the use not authorized data medium or interferences third). If the contractual items are used in connection with devices and/or programs third, a guarantee exists for function and performance-fault of the contractual items then even if such lack arise without such a connection.
08.4 ITC is responsible for damage only, if resolution or rough negligence can be proven. In each case are an liability for damages and financial damages, in particular because of delay, impossibility of the achievement, escaped profit, more expected, but not occurred savings, damage out requirements third against the client, indirect damage as well as damage to noted data, so far legally permissible, impossible.
09 Summation (Set-off)
09.1 A set-off counterclaims of the client against requirements of ITC, stated of, is impossible, it is, this counterclaim was judicially determined or by ITC recognized in writing.
10 Higher force
10.1 Higher force or other unexpected obstacles in the sphere of ITC relieves ITC of the liability to the agreed upon obligations. Obstructions of traffic and operating within the range of the client are considered even as the higher force and release ITC to the duration of the handicap of the achievement which can be furnished, without the result of requirements on reduction of price to the client from it.
11.1 All agreements over software achievements (organization, programming, support, training, system software, etc..) are subject to the conditions of the respective software maintenance contract of ITC and form in each case own legal transactions.
12 System requirements
12.1 The client has to guarantee in time before supply of the contract commodity at own expense that its system meets the requirements of the contract commodity. ITC will be helpful over desire of the client by expert consultation against cost replacement to prepare the system perfectly. The installations -, license and conditions for system are to be considered.
13 Place of jurisdiction
13.1 As far as differently does not agree, the legal regulations which are used between full-traders apply.
13.2 To possible disputes the local competence of the essentially responsible court for the registered place of business applies agreed upon by ITC.
13.3 It applies Austrian material right. The applicability of the UN purchase-law is excluded.
14 Final clauses
14.1 To the sales at consumers in the sense of the consumer law for the protection the managing regulations apply only to that extent, when the consumer law for the protection does not plan compellingly different regulations.
14.2 Changes of the address of the client has to be communicated immediately to ITC.
14.3 Are or if individual regulations of these trading conditions become invalid or ineffective, then thereby the validity of the remaining regulations is not affected.
General trading conditions of IT-CONCEPT Software GmbH