General Terms & Conditions of Waldhart Software GmbH (WS)
- All our offers, accepted orders, conclusions of contract and other legal statements are exclusively subject to the conditions mentioned below. Any deviation from them, in particular through the transmission of alternative General Terms and Conditions of Business shall be valid, only if they have been expressly acknowledged in writing.
- Our offers are always subject to change until the final contract is concluded; a legally effective contract is only concluded when an order confirmation is sent to the customer. The content of the contract results exclusively from the order confirmation. Changes to the order confirmation must be requested by the customer in writing immediately after receipt.
- All justified or justifiable property rights on our products are exclusively property of WS. With the acquisition of our product, the customer is only entitled to use these property rights to the extent they are contractually agreed. The transfer / transfer of usage rights to third parties is only permitted with the express, prior written consent of WS.
- The customer is obliged to comply with all legal regulations which apply in connection to the use of the product created by WS. Materials provided by the customer, such as data, images and other information, as well as instructions given by the customer with regard to the creation and content of the product, are not checked by WS for their compatibility with applicable law or any third party rights. In this regard, the customer will indemnify and hold WS harmless from third-party claims.
- The handover of the products created by WS is generally considered completed upon delivery to the customer. For software products, the time of delivery is the day of formal acceptance. If formal acceptance does not take place for whatever reason, the software product is deemed to have been handed over to the customer one week after installation. In the case of websites, the handover takes place by announcing its completion by e-mail and is deemed to have been handed over one week at the sending of the notification of its completion. Any defects are to be reported immediately by the customer in writing, otherwise all claims will be lost. From the time of the handover, the customer has to prove that the product is defective, whereby the specifications drawn up together with the customer are primarily used to assess the defectiveness. The warranty period ends six months after delivery.
- The customer is not entitled to withhold payments from the contract with WS - for whatever reason - or to set off claims against WS against payments from the contract.
- If the customer is in default with the provision of materials, in particular documents, information or other contributions required for the creation of the product, WS can withdraw from the contract after setting a two-week grace period; in this case the customer is not entitled to the repayment of any down payment made and WS is entitled to invoice all services rendered.
- The contractor is only liable for intent and gross negligence; liability for consequential damage, pecuniary damage, loss of profit, savings not achieved, loss of interest and damage from third-party claims against the customer is excluded in any case, provided there is no insurance cover in this regard.
- The competent court in Innsbruck is responsible for disputes arising from contractual relationships with the contractor. Only Austrian law is applicable to the agreements with the contractor, with the exception of the conflict rules and the United Nations Convention on Contracts for the International Sales of Goods.
Pfaffenhofen, September 2004