(ITC = IT-CONCEPT Software GmbH)
01.1 ITC accepts, licenses, sells, rents and delivers orders solely on the basis of these Terms and Conditions. These terms and conditions below apply to all services that ITC or a subcontractor named by it carries out under this contract.
01.2 Verbal side agreements were not made.
01.3 Terms and conditions of the client are expressly excluded for the legal transaction and the entire business relationship.
01.4 The purchase contract is concluded if ITC receives a written order confirmation from the client within the acceptance period. ITC reserves the right to refuse to accept the contract of sale within 10 working days of receiving the order, even if the reasons are not stated.
02.1 Delivery takes place after receipt of payment and at the risk of the client.
02.2 Partial deliveries are possible.
02.3 Complaints from transport damages must be submitted by the customer immediately after receipt of the goods by the transport company and ITC in writing, but no later than within 8 days.
02.4 Retention measures and storage costs, which become necessary for reasons that lie within the sphere of the client, are at the expense and expense of the client and are considered delivery.
02.5 Materially justified and reasonable changes in the performance and delivery obligations of ITC, in particular adequate delivery time overruns, shall be deemed to have been approved in advance by the customer.
02.6 Announced delivery dates are deemed to be approximate only if no fixed settlement has been agreed. Force majeure or other unforeseen impediments within the sphere of ITC or its subcontractors release ITC from compliance with the agreed delivery time.
02.7 Operating and traffic disruption and improper delivery of subcontractors are also considered as force majeure and exempt ITC for the duration of the disability or at the discretion of ITC finally from the obligation to deliver, without the customer claims due to the resignation by ITC arise.
02.8 If the specified delivery date is exceeded by more than 30 days, the customer is entitled to rescind the contract after setting a further grace period of at least 90 days by registered letter. ITC may also withdraw if delivery is rendered impossible due to force majeure, labor disputes or other obstacles unavoidable by ITC, such as transportation disruptions or production shutdowns. In both cases, ITC is only obliged to pay interest free of any deposit received.
02.9 ITC is free to select the type of shipment of the goods and the means of transport.
02.10 Place of performance for delivery and payment is the headquarters of ITC.
03.1 The above prices are exclusive of transport, insurance, installation and installation costs and do not include VAT. These costs will be charged additionally to the client.
03.2 The prices are calculated in euros.
03.3 For the calculation of the prices, the prices valid on the day of delivery are decisive.
04.1 The accounting takes place after receipt of order.
04.2 Payments are due after billing without any deduction and free of charge. For partial invoices, the terms of payment specified for the entire order apply analogously.
04.3 For orders involving multiple units, ITC is entitled to bill for delivery of each unit or service.
04.4 The customer is not entitled to withhold payments due to incomplete delivery, warranty or warranty claims, or complaints.
04.5 Payments received by ITC will firstly extinguish compounded interest, interest and ancillary expenses, pre-litigation costs such as attorney and collection bureau costs, and then out-of-arrears capital, beginning with the oldest debt.
04.6 In the event of late payment ITC will charge default interest to the usual extent of the bank. In the event of non-compliance with a partial payment installment, ITC shall be entitled to have the term loss come into force and to make due accepted acceptances due.
05 Property right
05.1 The delivered goods (installation setups, license keys = unlock codes, hardware) remain the entire property of ITC until the remainder of the payment (including interest and costs). Client has to provide for this time for the proper maintenance (maintenance) at his expense. Pledges or chattel mortgages before complete payment are considered excluded. Services are to be paid to ITC before being used.
05.2 If the client does not duly fulfill his obligations under the contract, ITC is entitled to its property at the expense of the order at any time