Terms and conditions

1. Area of Application
1. Deliveries and services provided by HANS STEINER EDV-SERVICE are limited by and bound to the following general trading conditions, if not specified in writing otherwise. 
The general trading conditions of a customer will never apply, even if customer refers to his/her general trading conditions and HANS STEINER EDV-SERVICE does not decline. Any promises, or special agreements, as well as changes and additions to the general trading conditions have to be in writing. This also applies to changes to the writing requirement.
2. Deliveries and Services
1. Proposals of HANS STEINER EDV-SERVICE are not-binding and noncommittal. A contract takes only effect with a written order confirmation of HANS STEINER EDV-SERVICE, or at the time the customer accepts the delivery.
2. Contents and range of deliveries and performances owed by HANS STEINER EDV-SERVICE are determined by the order confirmation of HANS STEINER EDV-SERVICE if there is a lack of other written agreements between the partners.
3. Reasonable partial deliveries are permissible and can be charged separately.
4. HANS STEINER EDV-SERVICE reserves the right to product changes, particularly in the course of advancements, if the agreed upon performance specifications are reached.
5. Delivery dates are noncommittal if not expressly agreed upon as obligatory in written form. HANS STEINER EDV-SERVICE will only be then in default if the delay was indebted by HANS STEINER EDV-SERVICE and the performance is due and the customer unsuccessfully has given a respite (of at least 14 days) in written form.
6. Delivery dates extend for HANS STEINER EDV-SERVICE appropriately if interferences due to higher force and other external sources occur. These sources can include but are not limited to interferences to self-supply by the supplier, strikes, lockouts, operational disturbances etc. HANS STEINER EDV-SERVICE reserves itself the right to cancel to withdraw from the contract if a delay in delivery caused by such events persists longer than 6 weeks.
7. In case of slight negligence the customer is not entitled to compensation because of default in delivery. Otherwise compensation is limited to the foreseeable damage, however, to a maximum of 5% of the value of the delivery concerned by the default.
3. Inspection and Transfer of Perils
1. The customer must check the goods for completeness, matching with delivery papers and defectiveness immediately upon reception. Should there be no written complaint within 4 days counting from the date of the delivery receipt will the goods be considered duly and completely delivered. An exception can be made if a defect could not be noticed when conducting the initial inspection.
2. The danger of damage to or loss of the goods specified in the contact is transferred from HANS STEINER EDV-SERVICE to the customer at the time the goods are given to the carrier.
3. If the delivered goods show damage or items are missing, the customer must indicate such in writing on the delivery receipt of the carrier. The written indication must clearly specify the damage or the items missing (in accordance with notice of damage § 434 HGB).
4. Prices and Terms of Payment
1. Prices are determined in the contract confirmation of HANS STEINER EDV-SERVICE, i.e. the written acceptance of the proposal by HANS STEINER EDV-SERVICE through the customer.
2. All prices are excluding sales tax upon distribution center of HANS STEINER EDV-SERVICE. Additional performances or shipping and handling costs and environmental charges will be charged to the customer separately.
3. HANS STEINER EDV-SERVICE reserves the right to reasonably increase a price if increasing costs, especially due to price increases of the supplier or changes in the currency exchange rate occur. HANS STEINER EDV-SERVICE will proof these increasing costs upon request.
4. Payments are due 14 days after invoicing date without any deductions. Rendering of invoice takes place at the time of delivery. If the customer exceeds the time allowed for payment interest of 9% pa, above the valid base interest rate by the European Central Bank, will be owed in addition to the purchase price, without further notice, counting from the first day of the default. The right for asserting of damage going beyond remains unaffected.
5. HANS STEINER EDV-SERVICE is entitled to first count payments towards existing debt, despite other regulations of the customer. If costs and interests have been caused due to default, HANS STEINER EDV-SERVICE is entitled to first count payments towards interest owed and last towards payments owed on rendered performances.
6. The customer may only count payments towards undisputed or validly determined demands. A right of lien can only be exercised by the customer because of counterclaims which are based on the same contractual relation. With current business relations reach individual order applies as a separate contractual relation.
7. If customer is deviates from payment terms without a justified reason HANS STEINER EDV-SERVICE can require to alternatively supply step by step against cash payment, pre-payment, or deposit. All existing demands will become due for immediate payment, including those that have been scheduled for installments.
8. Each granted term of payment is limited to the credit limit assigned by HANS STEINER EDV-SERVICE to each individual order. HANS STEINER EDV-SERVICE reserves the right to request the remaining order value as prepayment if the order exceeds the credit limit. HANS STEINER EDV-SERVICE is entitled to require cash payment against step by step supply, prepayment, or a deposit in case of a later change in creditworthiness. In case of non-fulfillment HANS STEINER EDV-SERVICE is entitled to withdraw from the contact.
5. Data Processing
1. HANS STEINER EDV-SERVICE will execute each order with the assitance of automatic data processing. The customer hereby expressivly agrees to have the data that has been collected by HANS STEINER EDV-SERVICE within the context of the contractual relations be to be processed. The customer also agrees that HANS STEINER EDV-SERVICE will use the data collected from the business relation for business purposes, in accordance with the Federal Law for Data Protection.
6. Retention of Title
1. The supplied products remain the property of HANS STEINER EDV-SERVICE up to the fulfillment of all, also future demands of the contract and of the entire business relation with the customer.
2. The customer is entitled to the resale of the reservation commodity under the retention of title following the normal course of business procedures. The customer surrenders all future demands in the respective invoice amount resulting from the passing-on of the reservation commodity to HANS STEINER EDV-SERVICE as a security until a full payment as outlined in number 6.1. HANS STEINER EDV-SERVICE may disclose pecuniary claims at any time to secure open demands. The customer must disclose the name and address of its buyers in concern as well as the type and extend of existig demands to HANS STEINER EDV-SERVICE upon request.
3. The customer is not allowed to forefeith or transfer a reservation commodity. If a third party accessess the reservation commodity the customer will notify the third party of the property of HANS STEINER EDV-SERVICE and immediatly inform HANS STEINER EDV-SERVICE in writing.
4. Binding, mixing, processing or reorganizing the reservation commodity takes place exclusivly for HANS STEINER EDV-SERVICE. In this case HANS STEINER EDV-SERVICE acquires a co-ownership portion of the finished commodity and/or the new commodity, which is equal to the value of the reservation commodity to the value finished commodity and/or the new commodity respectively.
5. In case of a default of payment, including other and future deliveries or performances of HANS STEINER EDV-SERVICE to the customer, HANS STEINER EDV-SERVICE is permitted to enter the business facilities of the customer and reclaim the reservation commodity and/or request the surrender of demands of the customer against its buyers respectively in order to assert the reservation of title.
6. The retraction or garnishment of the reservation commodity by HANS STEINER EDV-SERVICE does not result in a withdrawal from the contract of the customer is a tradesman.
7. Items supplied for test and demonstration purposes remain the property of HANS STEINER EDV-SERVICE. The customer is obligated to take care of a proper keeping and may only use the items beyond test and demonstration purpose under a special agreement with HANS STEINER EDV-SERVICE.
7. Guarantee
1. HANS STEINER EDV-SERVICE ensures that the products of contract are not afflicted with substantial defect and are suitable for the use presupposed after the contact and/or suitable for usual use. The partners are conscious about the fact that it is not possible, under the current state of art, to exclude errors of the software under all application conditions.
2. HANS STEINER EDV-SERVICE does not garantuee that the functions of the software meet the requirements of the customer and that the products of contract chosen co-operate in the selection made by the customer.
3. Demands on defects do not exist in case of only insignificant deviation from the agreed upon condition, insignificant impairment of usefulness, if the product was changed by the customer or a third party, inappropriatly installed, waited, repaired, used, or exposed to site conditions that do not match the installation requirements of the manufacturer, unless the customer proves that these circumstances are not the cause for the defect in question. Demands on defects also void if the serial number, product type description, or similar characterisitics are removed or made illegible. A demand on defects is only then valid if the defect did exist at the time of transfer of perils.
4. Demands on material defect fall under the statue of limitations in 24 months counting from the time of delivery. Liability for demands on material defects is only transferable with the agreement from HANS STEINER EDV-SERVICE.
5. If a material defect is present HANS STEINER EDV-SERVICE will choose to either retify the defect or replace the item. Exchanged parts become the property of HANS STEINER EDV-SERVICE. The customer is entitled to a discount of the purchase price or to withdrawal from the contract if HANS STEINER EDV-SERIVCE should not be able to retify the damage, replace the item, or if such was linked to unreasonable costs, or if HANS STEINER EDV-SERVICE does not eliminate the defect within a reasonable period of grace determined in writing. An amount equal to the purchase price less the valued advantages of usage, determined by the proportion of the usage of the item by the customer at the prospective time of usage, will be credited to the customer in case of withdrawal from the contract or subsequent delivery.
6. Labor costs and transport costs for the replacement delivery occuring due to the retification will be carried by HANS STEINER EDV-SERVICE. The customer carries all additional expenses conntected to the retification or replacement delivery.
7. HANS STEINER EDV-SERVICE will charge in accordance with cleared rates for the costs resulting from inspection or repair if the inspection resulting from the notice of defect determines that no defect is present.
8. The guidelines of the prespective manufacturer and/or distributor apply if claim is laid to a garuantee, liable to pay repair order, and goods returned of any kind.
9. All further or other demands of the customer not outlined in these regulations are exculuded, no matter the legal ground. Legal regulations to sales keep unaffected.
8. Commercial patent rights and copyrights
1. The customer is not authorized to change software to adapt to work with non-compatible hardware or for any other reason. The customer is not authorized to eliminate, amend, cover, or make unrecognizable any copyright, trademark, or other property right on the product of contract.
2. The customer is only permitted to translate supplied documentation material for commercial purposes or lease software to someone with prior written permission of HANS STEINER EDV-SERVICE. Leasing contracts for supplied software can only be made in the context of the respective manufacturer’s conditions and/or under the adherence to the law.
3. Each software is registered with the manufacturer and subject to the respective manufacturer conditions regarding its use. The customer is obligated to inform its buyers about the prohibition of multiple-use of the software and the prohibition of transferring the rights of usage further. The customer must inform HANS STEINER EDV-SERVICE immediately about any violation to contract by its buyers.
4. HANS STEINER EDV-SERVICE is not accountable if any products of contract violate commercial patent rights or property rights of third parties. The customer must inform HANS STEINER EDV-SERVICE immediately of all demands raised against him/her for this reason.
5. The customer has to exempt HANS STEINER EDV-SERVICE from all demands made by third parties due to violations to commercial patent and property rights if the supplied products were custom made following the instructions and drafts of the customer.
9. Liablity
1. Any other demands made by the customer no matter the legal ground are excluded, if not determined otherwise by these general trading conditions. HANS STEINER EDV-SERVICE is not responsible for damage caused on items that were not included in the delivery. HANS STEINER EDV-SERVICE especially is not responsible lost profit or other financial damages to the customer.
2. This exemption to responsibility does not apply if the cause for damage was caused due to intend or calpable negligence by HANS STEINER EDV-SERVICE; or if HANS STEINER EDV-SERVICE slighly violates contactual responsiblities, if demands in accordance with the Product Liablity Act or uninforcibilites by HANS STEINER EDV-SERVICE are being asserted to warranties provided by HANS STEINER EDV-SERVICE.
3. The duty of replacement is in any case limited to the, at the time of contract, foreseeable, typically occurring damage.
4. If the liability of HANS STEINER EDV-SERVICE is excluded or limited does that also apply to the personal liability of the personnel, employees, coworkers, representatives and executing aides.
5. The liability of HANS STEINER EDV-SERVICE for the loss of data is limited to the damage that occurs/would have occured if the customer did/would have backed-up his/her data in proper intervalls.
6. In any case is the liablity of HANS STEINER EDV-SERVICE limited to the limit of indemnity of HANS STEINER EDV-SERVICE’s operating and product liablity insurance. In individual cases HANS STEINER EDV-SERVICE is prepared to the limit of indemnity to the customer.
10. Export and import licences
1. All products of contract and technical know-how will be supplied to HANS STEINER EDV-SERVICE in accordance with currently valid export regulations and are intended to stay in the country of delivery agreed upon with the customer. The customer is obligated to obtain necessary permission if he/she intends the re-exportation of products of contract. The re-exportation of products of contract against these regulations, individually, or in system-integrated form is forbidden.
2. The customer must inform himself/herself about current valid regulations. Even if the customer discloses the final destination of the supplied products of contract it is still the responsibility of the customer to get necessary permissions of the respective external trade authorities before he/she exports such products. HANS STEINER EDV-SERVICE has no obligation to inform the customer.
3. Each further delivery of products of contract by the customer to third parties, with or without the knowledge of HANS STEINER EDV-SERVICE, requires the transmission of the export license conditions at the same time. The customer is fully responsible if disregarding the relevant regulations.
11. EEC import value added tax
1. A customer located outside of Germany has to consider the regulations of the import value added tax of the European Union and must inform HANS STEINER EDV-SERVICE without request of its tax-identification number and must be willing to communicate necessary information. If disregarding these regulations the customer has to refund HANS STEINER EDV-SERVICE for resulting expenditures.
12. General regulations
1. The customer is not allowed to retire his/her requirements outlined in the contract.
2. The place of delivery and area of jurisdiction is Munich, Germany if the customer is a buyer. HANS STEINER EDV-SERVICE is however entitled to sue the customer at every other legal area of jurisdiction.
3. The law of the Federal Republic of Germany apllied. The Viennese UN-agreement (UNCITRAL) over international sales of goods is excluded.