• Waldhart Software

Terms & Conditions

General Terms & Conditions of Waldhart Software GmbH (WS)

   1. All our offers, accepted orders, conclusions of contract and other legal statements are exclusively subject to the conditions mentioned below. Any departure 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.    2. Our offers remain without engagement until the final conclusion of the contract. A contract, which is effective in law, shall come into existence only on the despatch of a confirmation of order to the customer. The content of the contract shall arise solely from the confirmation of order. Amendments to the confirmation of order must be requested in writing without delay by the customer on receipt of the same.    3. All justified or justifiable intellectual property rights in our products are the exclusive property of WS. The purchase of the product shall entitle the customer to use these intellectual property rights only to the extent agreed under the contract. All applicable rights of use are deemed solely to be permission to use the usufruct. Permission to transfer or assign the rights of use to third parties shall be granted to the customer only with the prior express consent in writing of WS.    4. The customer is obliged to comply with all statutory provisions, which apply in connection with the use of the product produced by WS. WS shall not check that materials provided by the customer, such as data, images and other information or instructions given to the customer with respect to the preparation and content of the product are consistent with the applicable law and/or with any applicable rights whatsoever of third parties. In this respect the customer indemnifies and holds WS harmless in the event of any claims by third parties.    5. . As a matter of principle transfer of the products produced by WS shall be deemed to have been completed on delivery to the customer. In the case of software products the time of delivery shall be the date of formal acceptance. Should formal acceptance fail to take place for any reason whatsoever, the software product shall be deemed in every case to have been transferred one week after installation at the customer's premises. In the case of website transfer shall occur on notification of completion by e-mail and the home page shall be deemed to have been assigned one week after the despatch of the notice of completion. In the case of all other loss of claims, all applicable defects are to be contested by the customer without delay in writing, giving proof. The customer must prove with effect from the date and time of the transfer that the product is defective and the specification prepared with the customer is to be used in the first instance in order to assess the extent of the defect or defects. The warranty obligation shall end 6 months after transfer.    6. The customer shall not be entitled to withhold payments arising from the contract with WS - for any reason whatsoever - or to offset claims against WS with payments arising from the contract.    7. If the customer falls into arrears with the provision of the materials, in particular documents, information or data or other contributions to the production of the product, WS shall be entitled to give two weeks' notice to cancel and thereafter to withdraw from the contract. In this case the customer shall have no claim to the issue of any advance payment, if need be, and WS shall be entitled to invoice all the services performed.    8. The contractor shall accept liability only in the case of intent and blatant gross negligence. Liability for consequential damages, financial losses, lost profit, unrealised savings, loss of interest and damages arising from claims by third parties against the customer shall be excluded in any event, unless there exists insurance cover in this respect.    9. The Court in Innsbruck shall have jurisdiction ratione loci and ratione materiae in disputes arising from the contractual relationships with the principal. The law applicable to the agreements with the principal shall be exclusively Austrian law, to the exclusion of the conflicts of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods. Pfaffenhofen, September 2004