General Terms and Conditions – büll informatik

1. Scope:

All offers, deliveries and services büll informatik gesmbh provides to customers shall be supplied exclusively on the basis of the following Terms and Conditions, as amended at the time of the making of the contract.
Customers are either consumers in the sense of the Austrian Consumer Protection Act or entrepreneurs as defined under the Austrian Corporate Code.
Deviating, conflicting or complementing terms and conditions of the customer shall not become a part of the contract, unless their validity is explicitly agreed to in writing.
The terms of the contract shall furthermore include all product-specific regulations which are finally laid down in our specification of services, price lists or offers.

2. Conclusion of contract:

Our offers are not binding and subject to change. We reserve the right to make reasonable technical changes serving the performance of the contract.
The submission of a written or electronic order by the customer constitutes a binding offer to enter into a contract.
We are entitled to accept the offer of contract included in the order within two weeks following its receipt.
In the event that an order is submitted electronically, büll informatik gesmbh will save the text of the contract and e-mail it to the customer together with the effectively incorporated Terms and Conditions after conclusion of the contract.

3. Delivery and passing of risk:

büll informatik gesmbh delivers software either physically on data carriers or electronically per e-mail or makes it available for download on its website. büll informatik gesmbh is entitled to refuse delivery to anonymised e-mail addresses, the identity of which cannot be reliably established through the owner of the domain.
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon physical delivery of the goods, or, in the event of sale to destination according to buyer’s instructions, upon delivery of the goods to the persons or institutions responsible for their dispatch.
In the event of sale by download or transfer of data by e-mail, the risk of data loss and modification shall pass to the customer at the time the data cross the network interface.

4. Prices and terms of payment:

The prices contained in our offers are current prices and shall be valid until revoked. Prices are including the applicable statutory VAT, but excluding shipping charges. Delivery by remote means of communication shall not give rise to any additional expenses for the customer.
Customers shall make their payments in accordance with the provisions of the relevant offer by cash on delivery, bank transfer or credit card.
Payment of the deliveries and services provided by büll informatik gesmbh shall be made within 14 days after their receipt.
In the event of default, a consumer shall pay default interest at 5% above the base rate.
The default interest to be paid on the debt by entrepreneurs shall amount to 8% above the base rate.
The customer undertakes to bear all costs and expenses related to the recovery of the debt, including particularly collection expenses or other expenses required for appropriate litigation.
The customer shall only be entitled to set off its debt against claims in the event of our insolvency or against counterclaims, which are legally connected with its obligation, which were established by court or have been acknowledged by us.
Entrepreneurs shall not be entitled to retain payments.
In the event that the customer fails to comply with the relevant payment deadlines, all software user rights granted to the customer and any agreed entitlement to hotline support shall be suspended until all claims arising from the contract are satisfied.

5. Reservation of title:

büll informatik gesmbh reserves the title to the goods delivered until full payment of the purchase price.
The customer has to inform us without delay in writing about any third-party access to the goods, particularly about any measures of execution, damage to or destruction of the goods.
In the event of a breach of contract by the customer, particularly if the customer defaults in payment, we shall be entitled to withdraw from the contract and demand the return of the goods.

6. Warranty:

büll informatik gesmbh warrants that all deliveries and services are in keeping with the agreed purpose of the contract and have the usually required qualities.
As software is generally deemed as never being totally free of error, we do not warrant such absolute freedom of error. Standard software products are considered as usable, if they meet the requirements of the average user.
Consumers may basically choose, whether they want to have a defective product repaired or replaced. We are entitled to refuse the chosen remedy, if such remedy is either impossible to perform or if it involves disproportionate expenses on our part, compared to other remedies.
Defects reported by entrepreneurs shall first be remedied at our option by repair or replacement.
In the event that a repair is not possible or suitable, the customer may generally demand, at its option, a reduction in price or, provided that it is not a minor defect, the cancellation of the contract.
Entrepreneurs are obliged to inspect deliveries and services within the period specifically laid down in the offer for the relevant product and to provide detailed written notification of the defects, since otherwise the enforcement of warranty claims shall be excluded. Timely dispatch of such notification shall suffice to comply with the deadline.
The warranty period for consumers is two years after the date the service was completed. The warranty period for entrepreneurs is one year.
Without prejudice to manufacturers’ guarantees, büll informatik gesmbh shall not give any guarantees in the legal sense.

7. Limitation on and release from liability:

Outside the scope of the Austrian Product Liability Act, our liability shall be limited to intent and gross negligence.
Liability for slight negligence, compensation for consequential damage and pecuniary loss, unrealised savings, interest loss and damage from third-party claims against the customer shall be excluded.
The aforementioned liability limitations shall not apply to personal injuries which can be causally attributed to us.
The amount of the damage claims arising from our deliveries and services shall be limited to the relevant purchase price or the remuneration for our services.
We shall only assume liability for our own website contents. To the extent that our website contains links which provide access to other websites, we shall not be liable for the third-party contents posted on these sites.

8. Industrial property rights:

All programmes, manuals, Internet pages or other documents made available by büll informatik gesmbh are protected by copyright.
The delivery of software is made in accordance with the terms set out in the software documentation (licence agreement). All current and future copyrights or industrial property rights applying to the programmes sold or licensed by büll informatik gesmbh and to all programmes or programme parts derived therefrom or documents prepared in this context shall remain with büll informatik gesmbh.
When using software products, the customer undertakes to comply with the scope of the rights granted by büll informatik gesmbh or third parties and not to bypass any limitations to the use of such software (e.g. copy protection). It is known to the customer that non-compliance with limitations on use and the bypassing of protection mechanisms constitutes an infringement of intangible property rights.
The customer shall be liable to büll informatik gesmbh for any damage arising from the infringement of the aforementioned obligation. For each case of infringement, büll informatik gesmbh may enforce a contractual penalty in the amount of three times the purchase price of the whole programme in question, without having to prove in detail the existence of any specific damage and notwithstanding any further damage claims.

9. Final provisions:

These General Terms and Conditions shall be governed by Austrian law.
All disputes directly or indirectly arising from the contract shall be settled by the competent court having local jurisdiction. Disputes with consumers shall be subject to Section 14 of the Austrian Consumer Protection Act.
If individual provisions of the contract with the customer including these General Terms and Conditions are or become ineffective in whole or in part, this fact shall have no effect on the validity of the remaining provisions.
The provision found to be ineffective in whole or in part shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.