GENERAL TERMS AND CONDITIONS
General Terms and Conditions of eVision Systems GmbH
The products offered by eVision Systems GmbH are only supplied in accordance with these terms and conditions:
1.APPLICABILITY
These terms and conditionsapply to all contracts, en and services of eVision Systems GmbH (eVision ) as seller to its contractual partners, unless other terms and conditions have been mutually agreed in writing.
Deviating terms and conditions of the Buyer shall not be binding even if eVision does not expressly object to them. In any case, the following terms and conditions of eVision shall apply to the entire contract.
2. OFFERS AND ORDER PLACEMENT
Offers are subject to change without notice unless there is written confirmation of a period of validity.
Placing an order implies acceptance of our terms of delivery and payment. Information provided by us regarding delivery times is only approximate and non-binding.
eVision reserves unrestricted property and copyright utilisation rights to cost estimates, drawings and other documents; they may only be made accessible to third parties with the prior written approval of eVision. Drawings and other documents belonging to offers must be returned immediately upon request if the order is not placed with eVision. This also applies in the reverse case for the documents of the Buyer. However, these may be made accessible to third parties to whom eVision has legitimately transferred deliveries and services.
3.SOFTWARE
Unless expressly stated otherwise, the prices for software products are the price for a simple, non-exclusive and non-transferable right of use on a single-user microcomputer.
By fulfilling the purchase contract, the Buyer becomes the licensee of the licensor of the respective software product. The licencee undertakes to use the product on only one computer at a time. The right of use comes into force when the licence agreement is signed and/or the sealed diskette case with the licence agreement on it is opened and the licence fee is paid, whereby the licensee accepts the respective licence agreement. Use without an acknowledged licence agreement is not permitted and constitutes an infringement of the copyright and other property rights of the respective licensor, which will be prosecuted by the respective licensor. Recognition of the licence agreement is also a prerequisite for any warranty services. Should any parts of this paragraph contradict the licence conditions of the software manufacturer, the conditions of the manufacturer shall apply.
4. DELIVERY
Delivery shall be made in the order in which the order is received and within the scope of the customer's respective credit limit. No liability is accepted for delays caused by force majeure, operational or transport delays, etc. The goods shall be delivered in the design and condition specified at the time of order confirmation. If technical improvements are introduced after acceptance of orders, eVision reserves the right to deliver the improved products.
Collateral agreements are only valid if they are confirmed in writing. Delivery of ordered goods shall only be made against invoice. Returns of goods for credit are not permitted.
5.DELIVERY DEADLINES AND DELAY
eVision will honour promised delivery dates as far as possible. Should eVision be in default, the Buyer (business customer) may only withdraw from the contract after eVision has granted a reasonable grace period of at least three weeks. All other claims of the Buyer in the event of non-delivery or late delivery are excluded. EVision shall be released from its obligation to deliver if it has not been supplied by its suppliers on time and in the correct qualities and other specifications.
6.SHIPPING AND TRANSFER OF RISK
Unless otherwise agreed, shipping of the goods, including any returns, shall be at the Buyer's expense and is already included in the purchase price. Every delivery is insured and covered against damage or loss during transport.
7. PRICES AND PAYMENT
Prices are net ex eVision's registered office or ex place of dispatch for unpacked and uninsured goods and do not include the statutory value added tax applicable on the day of delivery. Invoices from eVision Systems GmbH are payable net within 14 days of delivery and invoicing. EVision Systems GmbH is entitled to demand interest on arrears from the due date without proof at a rate of 3% above the respective discount rate, without prejudice to the possibility of claiming higher actual damages.
8.WARRANTY AND LIABILITY
eVision is not liable for the fault of vicarious agents. Furthermore, no liability is assumed for the usability of the delivered goods for a specific purpose. This also applies if eVision Systems has given the Buyer any advice on the use of the goods, including advice on training and incomplete training documentation. Furthermore, eVision shall not be liable if the delivered goods are defective only to a percentage that must be accepted as customary in the trade for such products. The remaining liability consists exclusively in the fact that defective parts can be returned and exchanged for faultless parts or that eVision issues a credit note for the value of the returned goods. Any other claims for damages, whether direct or indirect, and all other warranty claims are expressly excluded. Under no circumstances shall any liability be accepted for goods that have already been processed. The processing of the goods shall be deemed as acknowledgement of the correctness of the delivery. eVision draws the Buyer's attention to the fact that, according to the state of the art, it is not possible to create standard software for computers in such a way that it works error-free in all applications and combinations. EVision accepts no liability for errors in the programme or the system that could not have been avoided or foreseen using standard testing methods according to the state of the art. In the case of software products, the object of the purchase contract is exclusively the application function resulting from the programme description. Installation, assembly, consulting and training services are not part of the contract and must be agreed separately. EVision warrants to the Buyer that at the time of handover the data carriers (discs, CDs, tapes) on which the software is recorded and the hardware supplied together with the software are free of defects in the material design under normal operating conditions and with normal maintenance.complaints of any kind must be made immediately upon receipt of the goods, either in writing or by telegraph. The buyer is obliged to inspect the goods immediately upon arrival.
9.RETENTION OF TITLE
All delivered goods remain our property until full payment of all claims against the customer to which we are entitled at the time of delivery of the goods. The buyer may only deliver and sell the goods delivered by us to third parties in the normal course of business before they have been paid for in full. In the event of resale of the delivered goods, the purchaser hereby assigns to us his claim arising from the resale of the reserved goods - we accept this assignment. The conclusion of supply contracts does not constitute a claim to the conclusion of further contracts of this type.
10. CANCELLATION
End consumers have a statutory right of cancellation of 14 days. Business customers have no right of cancellation with the exception of agreements concluded in advance. If cancellation of the purchase contract is desired, this must be agreed with the seller in advance.
11.RE-export
Products and technical know-how supplied by eVision are generally intended to remain in the country of delivery agreed with the buyer. The re-export of contractual products, individually or in system-integrated form, is subject to authorisation by the buyer and is subject to the foreign trade regulations of the Federal Republic of Germany or the EU and generally to the re-export authorisation requirement in accordance with the provisions of the U.S. Department of Commerce. The buyer must inform himself about these regulations and is liable as exporter for compliance with these regulations.
12. DATA STORAGE
In accordance with § 33 BDSG, we would like to point out that we store personal data insofar as it is related to the business relationship.
13.JURISDICTION
The place of fulfilment and exclusive place of jurisdiction for all obligations and for all legal matters is Ebersberg. The relations between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany.
14. FINAL PROVISIONS
No collateral agreements have been made. Additional agreements in addition to these General Terms and Conditions, as well as the agreement of their cancellation or non-application and the declaration of conversion, reduction and termination must be made in writing. This also applies to the waiver of the written form requirement.
eVision Systems GmbH
Jahnstr.12,
85661 Forstinning
Status: April 2023