General Terms and Conditions
GEDYS IntraWare GmbH (GTC)
1. General
2. Order, placing of the order
3. Risk-bearing and delivery
4. Partial benefits, advance payments
5. Delivery periods
6. Prices and payment
If the customer is in default with a payment, GEDYS IntraWare GmbH is entitled to charge interest in the amount of the interest rate normally calculated by commercial banks for open current account loans, but at least if a consumer is not involved in the legal transaction. 8 points above the base interest rate. GeDYS IntraWare GmbH is entitled to calculate the proven percentage if the interest rate level is proven to be higher. Proof of further damage remains unaffected by this. If the cheque or bill of exchange of the customer is not redeemed, GEDYS IntraWare GmbH is entitled to make the entire remaining debt due immediately, even if further cheques or bills of exchange have been accepted. In this case, GEDYS IntraWare GmbH may also demand advance payments or security payments for all other services contractually owed to the customer and, after a reasonable grace period, withdraw from these contracts and/or, to the extent permitted by law, claim damages for non-performance.
7. Reservation of title
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.
8. Warranty and Liability
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.
9. Standard software
10. Patent and Copyright
11. Return of goods/exchange
12. Place of jurisdiction, place of performance and application of the law
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.
13. Use of third-party services
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.
14. Partial ineffectiveness
The ineffectiveness of individual points of these conditions shall not affect the effectiveness of the other conditions.