General Terms and Conditions
of GEDYS IntraWare GmbH (GTC)

GEDYS IntraWare GmbH delivers exclusively at the risk of the customer, even if the transport costs are expressly granted; with the handover of the goods to the customer or a person carrying out the transport, the risk passes to the customer. Even in the event of accidental loss, accidental damage or loss of the goods, the customer must pay the full purchase price. The place of performance is the registered office of GEDYS IntraWare GmbH. The conclusion of transport insurance is left to the customer. The transport risk for the arrival of goods returned to GEDYS IntraWare GmbH is also with the customer.

All goods delivered to the customer by GEDYS IntraWare GmbH remain the property of GEDYS IntraWare GmbH until all claims arising from the entire business relationship have been paid in full. The customer may neither pledge nor otherwise transfer the goods under the retention of title of GEDYS IntraWare GmbH, nor else to resell or redistribute them. The customer may only dispose of the objects subject to retention of title to the extent that they are to be processed, installed or resold in the proper course of business. The processing or processing of goods subject to retention of title takes place for us without obliging us. The claims of the buyer against his buyer in the event of a resale are hereby assigned to GEDYS IntraWare GmbH. If the property of GEDYS IntraWare GmbH expires by combination, mixing, processing or otherwise, it is already agreed that the customer’s ownership of the new uniform item is valued by the GEDYS IntraWare (invoice value of the goods) on the GEDYS IntraWare GmbH.

The customer shall keep this (co-)property free of charge for GEDYS IntraWare GmbH. The customer assigns the claims arising from the resale, including the insurance benefit, in advance to the seller in the appropriate amount. If the value of the goods or claims of the customer covered by the simple or extended retention of title exceeds the claims of GEDYS IntraWare GmbH against the customer by more than 20 percent, the seller shall, at the request of the buyer, protection rights exceed the claims of GEDYS IntraWare GmbH by more than 20 percent.

The buyer is obligated to inform GEDYS IntraWare GmbH immediately in writing of any attachments or other accesses by third parties to the goods delivered under reservation of title.

He is obliged to provide GEDYS IntraWare GmbH with all the necessary information necessary for the assertion of the rights under Section 771 of the German Civil Code (ZPO). He is also obliged to immediately inform the third parties who take access to the goods delivered under reservation of title, the property of GEDYS IntraWare GmbH. The customer must carefully preserve the goods delivered to him subject to retention of title and insure them against all risks at his own expense. The customer hereby assigns his future claims from the insurance contracts with regard to the delivered reserved goods to GEDYS IntraWare GmbH. The customer shall bear the costs of all measures to preserve or secure the property of GEDYS IntraWare GmbH. This also applies where such a measure fails but seems objectively necessary. In the event of a breach of contract by the customer, in particular if he is in default of payment, GEDYS IntraWare GmbH is entitled to demand the return of the goods delivered under reservation of title without setting a grace period or a declaration of withdrawal. The customer must then hand over the goods immediately. A withdrawal from the contract by GEDYS IntraWare GmbH is only available if GEDYS IntraWare GmbH has expressly declared the withdrawal in writing.

Within the scope of the following provisions, GEDYS IntraWare GmbH guarantees, for the duration of the warranty period, that deliveries and services are free of errors in the sense of warranty law. The parties agree that software cannot be error-free under all conditions of use. Obvious defects must be notified in writing no later than 14 days after receipt of the delivery. In commercial business transactions, it is necessary that the commercial customer has duly complied with his investigative and reprimand duties as specified in Accordance with Section 377, 378 of the German Commercial Code (HGB) and that the error is made without delay within 8 days of delivery or acknowledgement of the defect of GEDYS IntraWare GmbH in writing. The warranty period is one year from the handover of the goods to the customer or in the case of dispatch to the transport company. The warranty is made at the customer’s discretion by repair or replacement delivery. If the attempt to rectify or replace the contract of repair or replacement has failed twice, the buyer is entitled to a reasonable reduction of the purchase price or optionally to cancel the purchase contract. The prerequisite for this is that the customer of GEDYS IntraWare GmbH has set a grace period of at least four weeks by registered letter. Further claims due to incorrect delivery or breach of contractual ancillary obligations by GEDYS IntraWare GmbH are excluded to the extent permitted by law; this applies to damages as well as consequential damages.

In the event of personal injury and violation of a principal (cardinal) obligation, GEDYS IntraWare GmbH was liable within the scope of the statutory provisions. Otherwise, liability exists only in the event of intent and gross negligence. If and to the extent that the liability of GEDYS IntraWare GmbH is excluded, this also applies to the personal liability of the employees, employees, employees, representatives and vicarious agents of GEDYS IntraWare GmbH. The regulations of the ProdHG remain unaffected by this.

There is no guarantee that the purchased item works flawlessly in conjunction with other products. The assertion of the warranty claim is excluded if operating or maintenance instructions are not followed, changes are made to the delivered goods, parts are replaced or consumables are used that are not original specifications. At the request of GEDYS IntraWare GmbH, the customer must, in the event of a warranty, transport the goods complained of to the registered office of GEDYS IntraWare GmbH with a precise indication of the complaint and the invoice number.

The costs incurred in this respect shall be reimbursed by GEDYS IntraWare GmbH insofar as the costs are affected from the original place of performance to the registered office of GEDYS IntraWare GmbH. The customer and GEDYS IntraWare GmbH agree that software programs cannot be error-free under all conditions of use. Additional on-site services must also be reimbursed in the event of a warranty. In addition, in this sense, all services that are not covered by the warranty are.

GEDYS IntraWare GmbH sells software (standard software) as a commodity. The customer hereby declares that he recognizes the terms and conditions of delivery and contract of the software manufacturer or software supplier as well as the copyrights of the software manufacturer or license holder. This applies accordingly if the software has been adapted or developed to the customer’s system.

The law of the Federal Republic of Germany shall be used in all disputes arising from this contract.

For all possible disputes with GEDYS IntraWare GmbH arising from a business relationship or its initiation, the registered office of GEDYS IntraWare GmbH shall be agreed as the place of jurisdiction to the extent permitted by law. The place of performance is the registered office of GEDYS IntraWare GmbH.

Individual features of the GEDYS IntraWare software may use links to other SERVICES of GEDYS IntraWare or to third-party services whose license terms, as well as data protection and security measures may be different from those of THE GEDYS IntraWare software. This also applies to the use of third-party services, the results of which are again transmitted in GEDYS IntraWare Software. The transmitted data is subject to the data protection regulations of the respective service provider. The verification of the data protection regulations and the use of services of the respective service provider are the responsibility of the customer.

GEDYS IntraWare provides an overview of the possible third-party services and an overview of which data is transferred and obtained in the respective documentation of the software under the section “Use of third-party services”. GEDYS IntraWare cannot guarantee the corresponding functions of the respective service provider. The use of third-party services may incur additional costs for the respective data services. The use is the responsibility of the customer.