General Terms and Conditions
1. Scope and conclusion of contract
These General Terms and Conditions apply to all contractual relationships and pre-contractual negotiations with our customers, irrespective of the nature and scope of the service in the course of current and future business relations.Regulationsdeviating from these General Terms and Conditions shall only apply if these are confirmed by CONWEAVER in writing.This also applies if CONWEAVER provides unreserved services in the knowledge of conflicting or divergent terms and conditions of the customer.The representation of the services of CONWEAVER on internet pages, in presentations or other media does not represent a legally binding offer, but a non-binding quotation.
2. Prices
Unless otherwise indicated, the listed prices do not include legal value added tax and shipping costs.All prices, including those in the order confirmation, are non-binding. In case of fundamental alterations in terms of factors that determine the price before the definite processing of order, a corresponding adjustment to these changes is reserved.
3. Maturity and set-off
Our invoices are due within 10 days after the invoice date. The customer shall only be entitled to offset rights if his counterclaims have been legally established, undisputed or acknowledged by us.Moreover, the customer is entitled to exercise a right of retention if his counterclaim is based on the same contract relationship. Deduction of discount requires a separate written agreement.
4. Delivery
All delivery dates specified by CONWEAVER are non-binding delivery dates, unless a delivery date is expressly agreed in writing.If, afterthe order has been submitted, the customer requests changes or additions to the order or if further circumstances makeit impossible for CONWEAVER to observe the delivery date even though CONWEAVER is not responsible for such circumstances, the delivery date shall be postponed by an appropriate period.If CONWEAVER is preventedin the timely fulfillment of the contract, i.e.caused by procurement, manufacturing or delivery disruption on their side or on thesuppliers’ side, the general legal principles apply, with the proviso that the customer can set a grace period of six (6) weeks after one month.If the customer is in default of acceptance or culpably violates any other obligationsto cooperate, CONWEAVER shall be entitled to demand compensation for the damages incurred, including any extra charges. Further claims are reserved.
5. Payment and default
Hardware and software are also invoiced immediately as part of a total order. All invoices of CONWEAVER GmbH are due for payment within 10 days from the invoice date. Decisive is the date on which payment is received by CONWEAVER.
6. Industrial property rights
CONWEAVER is the owner of all copyrights, patents, utility models and other intellectual property rights of the software whichit creates or offers, including the related documentation. A right to use the software requires a separate written usage agreement. Without our written consent, neither the software nor any accompanying documents, either directly or indirectly, maybe made accessible to third parties.
7. Reservation of title
CONWEAVER retainsownership over all goods delivered until payment of all its claimsfrom the contract. The customer is required tohandle the product with care; in particular, the contracting party is obliged to insure the goods adequately at their replacement value against fire, waterand theft, until all payments have been received. If maintenance and inspection work is necessary, the contracting party must conduct such work in due time at its own cost.In case of seizures or other interventions bythird parties, the customer must immediately inform CONWEAVER in writing.
8. Warranty
Thewarranty period is one year andstarts with the delivery of the software to the customer. The customer is obliged to check the delivered software immediately.
9. Liability
The parties shall be liable to each other for all damages caused in connection with the implementation of this contractin accordance with the legal regulations.
10. Data Protection
CONWEAVER shall store the personal data for order processing and, if necessary, pass it on to third parties for this purpose.The customer expressly agrees to the collection, processing and utilization of personal data.The contract form will be saved and can be viewed even after contract conclusion. Moreover, the customer may at any time object to the aforementioned use and / or processing of his data by notifying CONWEAVER GmbH, Friedensplatz 12, 64283 Darmstadt or revoking his consent.After receipt of the objection or revocation, the affected data will no longer be used and processed.
11. Choice of law, place of performance and jurisdiction
This Agreement shall be governed by the laws of the Federal Republic of Germany. The validity of the UN purchase law is excluded. The place of jurisdiction and place of performance is the seat of CONWEAVER GmbH.
12. Severability clause
In the event that one or moreprovisions of this Agreement areor become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by an effective provision which is closest to the economic purpose pursued by the parties.
- Darmstadt, 14.05.2008
- CONWEAVER GmbH -Copyright reserved
General Managers:
Dr. Thomas Kamps / Richard Stenzel
- Friedensplatz 12
- D-64283 Darmstadt / Germany
- Phone: +49 6151 599 92-0
- Fax: +49 6151 599 92-333
- Email: info@conweaver.com
- Court of Registry No. HRB 86422
- VAT ID Nr: DE 257926672
