General Terms and Conditions of Business and Delivery
General terms and conditions
At the Gemeinenberg 25
5Compliance - Sascha Koras
1 Validity of the General Terms of Business and Delivery Terms and Conditions of Delivery
These general terms and conditions apply to all deliveries and services of 5Compliance - Sascha Koras and exclude any conflicting terms of terms and conditions of the contractual partner. Regulations which deviate from this are only binding for us if they are expressly confirmed by us or if they are confirmation is made by us or if they comply with mandatory law.
If individual parts of these General Terms and Conditions are not valid, the validity of the remaining provisions shall not be affected.
Both parties to the contract shall be obliged, within a reasonable and faith to replace an invalid provision with a valid one. effective provision. This must have the same economic effect as the previous provision and may not result in any fundamental change to the contents of the contract. the contents of the contract. The same shall apply to matters requiring regulation which are not explicitly regulated.
2 Conclusion and content of the contract
Offers of the 5Compliance - Sascha Koras are without engagement and are valid for 30 days. Offers from customers or suppliers must be accepted by us be accepted by us within two weeks. Orders shall only become effective when they have been confirmed by us in writing.
In the case of electronic transactions, the following shall also be deemed an e-mail containing an access or activation code to make the purchased service usable. to make the acquired service usable.
The performance features shown in the offers, as well as the information information in brochures or advertisements are to be regarded as approximate only.
We reserve the right to insignificant and/or customary deviations that usability, provided that they are reasonable for the contractual partner. are reasonable for the contractual partner.
For products or services delivered later than three months after the months after conclusion of the contract, the prices valid at the time of delivery shall apply. valid at the time of delivery shall apply. All our prices are in EURO plus VAT. value added tax.
If, in order to use or establish the operational readiness of the products delivered by 5Compliance - Sascha Koras further services such as installation, assembly or equipment are necessary, these shall be invoiced separately.
The costs for this shall be based on the tariffs of 5Compliance 5Compliance - Sascha Koras at the time of the commissioning of the service. The same shall apply to supporting services which have been offered and which the respective contractual partner wishes to claim.
This includes, for example, briefings, consultations, training or presentation of the operational readiness.
Binding delivery periods can only be agreed in writing. be made in writing. If nothing to the contrary is agreed in the contract, the delivery periods shall begin with the conclusion of the contract. Insofar as we are affected by measures within the scope of industrial disputes, in particular strikes and lock-outs, as well as in the event of unforeseen events beyond our control, e.g. traffic and operational disruptions traffic and operational disruption, energy shortage, non-availability of products by a sub-supplier, etc., the delivery period shall be extended accordingly.
The same shall apply to subsequent requests of the contractual partner for changes for changes or additions to the contractual content of the performance. In the event of a performance of more than 4 months due to the aforementioned reasons which do not lie in reasons which do not lie within our sphere of influence, we may withdraw from the contract. With respect to consumers, this shall only apply if we have informed the contracting party immediately of the of the non-availability and immediately reimburse the counter-performance of the immediately and reimburse the contractual partner without delay. Other rights of withdrawal remain unaffected.
If 5Compliance - Sascha Koras exceeds the agreed delivery period, the compensation for each completed week of the delay of 0.5 % each, but in total
a maximum of 5 of the price for that part of the deliveries which, because of the delay
could not be could not be put into service for the purpose for which it was intended.
In addition Further claims for damages of the contractual partner due to delay in delivery or delivery or in lieu of performance are excluded. This does not apply to the extent that we have acted intentionally or grossly negligently or an or an essential contractual obligation has been violated, as well as for damages resulting injury to life, limb or health resulting from a negligent 5Compliance - Sascha Koras or an intentional or negligent breach of duty by a legal negligent breach of duty on the part of a legal representative or vicarious agents of 5Compliance - Sascha Koras. A withdrawal of the contracting party can only be considered if 5Compliance - Sascha Koras is responsible for the delay in delivery. is responsible for the delay in delivery. A change in the burden of proof to the disadvantage of the contractual partner is not connected with the above regulations. The contracting party is obliged, at the request of 5Compliance - Sascha Koras within a reasonable period of time whether he will withdraw from the contract because of the from the contract due to the delay in delivery or insists on delivery. If the contractual partner does not accept the contractual performance offered by us, then default of acceptance, we shall be entitled to claim 20% of the agreed price for the offered agreed price for the service offered as compensation. The customer has the possibility of proving that we have incurred significantly lower or no damage. or that no damage has been incurred at all. We reserve the right to assert a claim for we reserve the right to claim actually higher damages. If dispatch or delivery is delayed at the request of the contracting party, we may charge the the contracting party the costs incurred by the storage, at least 0.017% of the of the price of the delivery items per day or part thereof. day or part thereof. We shall be entitled to this claim from the first month after notification of readiness for and may not exceed a total of 5 % of the price. The parties shall be free to prove higher or lower storage costs. parties are at liberty.
4. transfer of risk
The risk shall pass to the customer upon handover of the goods/services. customer.
5 Payment, set-off, default
Invoices are payable 7 days after receipt and due date without due date without deduction. The claim becomes due with the delivery.
If the payment deadline is culpably exceeded interest on arrears in the amount of 8 % (5 % for consumers) above the applicable the respective applicable base interest rate according to § 247 BGB.
If the customer is in arrears with a not insignificant part of the payment or if his cheques or bills of exchange are protested or if the preconditions for the or if the preconditions for granting credit cease to apply, all our claims against the customer shall all our claims against him shall become due for immediate payment. This shall also apply deferred invoices and bills of exchange or cheques due at a later date. cheques.
If the financial situation of the customer deteriorates significantly after the contract or if the poor financial situation only becomes apparent after conclusion of the conclusion of the contract, we are entitled, in the event of a risk to the performance is at risk, we shall be entitled to refuse delivery that has not yet been carried out or to to demand reasonable advance payments or securities.
The contracting party may only offset if its counterclaim is undisputed or counterclaim is undisputed or a legally binding title exists. A right of retention can only be asserted insofar as it is based on claims from the same from the same contractual relationship.
We are entitled to transfer rights and obligations arising from the contract to a third party.
We shall notify the customer of the transfer of obligations and the name of the third party. we shall notify the customer. If the customer is a consumer, he is entitled to withdraw from the contract to withdraw from the contract within a period of 2 weeks from receipt of the transfer from the contract. If the customer is not a consumer, the transfer is effective without the customer's the customer's consent if there is a justified interest in doing so and the interests of the customer are not impaired by this.
6. retention of title
All undelivered products shall remain our property until the fulfilment of all claims, including future and conditional claims, arising from the business relationship. business relationship. This shall also apply if payments are made on specially designated claims. specifically designated claims. The customer shall be entitled to resell the delivery item in the the object of delivery in the ordinary course of business, in which case he hereby from the resale to us and we accept the assignment. accept the assignment. The customer remains authorised to collect these claims even after the assignment. authorised to collect these claims even after the assignment. Our authority to collect the claims ourselves shall remain unaffected by this.
As long as the contracting party fulfils its payment obligations towards us obligations to us in accordance with the contract, we shall not collect the claims ourselves. collect the receivables ourselves. If the contractual partner does not properly fulfil his contractual contractual obligations, the authority to resell the goods may be revoked by us. be revoked by us.
The customer may neither pledge nor assign the delivery item pledge the delivery item by way of security. In the event of seizure or confiscation or any other by third parties, we must be informed immediately.
7 Liability for material defects
Claims for material defects are subject to a limitation period of one year. This does not apply to the legally prescribed longer periods pursuant to §§ 438 para. 1 no. 2, 634 a para. 1 no. 2, 475 para. 2 and 479 para. 1 BGB. A shortening of the shall not be shortened insofar as we have acted with gross negligence or intent. or intentionally, as well as for damages resulting from injury to life, body or health which are based on a negligent breach of duty or an intentional or negligent breach of duty. negligent breach of duty of our legal representative or vicarious agent. legal representative or vicarious agent, as well as in the event of the breach of essential contractual obligations.
If the products are defective, the customer may primarily demand supplementary performance in accordance with § 439 BGB. If the contractual partner is not a consumer, we may choose between the removal of the defect and the delivery of a defect-free item.
If the contractual partner has installed the received goods and subsequently claims for defects, we shall only be liable if the installation was carried out by a assembly has been carried out competently; the customer shall bear the burden of burden of proof. Claims for defects on the part of the commercial contracting partner shall only be only come into consideration if the latter has complied with the obligations to inspect and notify with regard to any deviation.
Complaints must be made within a period of 10 working days. - for hidden defects immediately after their discovery. received by us. If the customer fails to make this notification, the goods shall be deemed to have been approved.
The expenses necessary for the purpose of subsequent costs, such as transport, travel, labour and material costs, only to the extent that the only insofar as the expenses are not increased by the fact that the object of the subsequently moved to a place other than the customer's place of business, unless the the customer's place of business, unless the transfer is in accordance with the intended use.
We shall be liable in accordance with the statutory provisions for compensation if the contractual partner asserts claims that are based on fraudulent intent breach of material contractual obligations, intent or gross negligence on our part. negligence on our part. If we are not accused of an intentional breach of contract, we shall only be liable for compensation for typical foreseeable foreseeable damage. Liability for damage which did not occur to the not to the delivery item is excluded, unless it is a case of injury to life, limb or health. injury to life, limb or health, which is based on a negligent breach of duty negligent breach of duty committed by us or an intentional or negligent breach of duty by our breach of duty committed by our legal representative or vicarious agent. vicarious agent. In all other respects, claims for damages by the contractual partner are excluded. A change in the burden of proof to the detriment of the customer is not associated with the to the detriment of the customer is not associated with the above provisions.
The customer's right of recourse against 5Compliance - Sascha Koras in accordance with Sascha Koras in accordance with § 478 BGB (German Civil Code) only exist insofar as the customer has not reached any agreement with his customer that goes beyond the legal made with his customer. Within the framework of this entrepreneurial recourse, the customer cannot claim for damages.
8. final provisions
German law shall apply to all contracts. The contractual language is German.
If the contractual partner is a merchant, a legal person under public public law or a special fund under public law, the place of place of jurisdiction shall be the place of the registered office of 5Compliance - Sascha Koras. place of jurisdiction. The place of performance is also the registered office of 5Compliance - Sascha Koras. Sascha Koras
9. data processing-specific GTC clauses
9.1.2 Right of use in general
The 5Compliance - Sascha Koras does not owe the delivery of source programs and manufacturer documentation for software. documentation, but provides software products as object programmes. object programmes. The customer acknowledges the copyrightability of the software products supplied by 5Compliance - Sascha Koras or the respective manufacturer. or the respective manufacturer, including the user documentation and further documentation and other supplied documents. The customer acknowledges the software products supplied by 5Compliance - Sascha Koras as their trade secret or the trade secret of the respective trade secret of the respective manufacturer. Through the delivery of the products, the customer only receives the not readily transferable and non-exclusive exclusive right to use the programmes, services and products supplied. use. Transfer to third parties shall only be permitted with the express consent of by 5Compliance - Sascha Koras, unless the delivered unless the delivered products are contractually designed for transfer, the customer transfer, the customer wants to transfer his right to use the delivered object the customer wishes to transfer his right of use as a whole, 5Compliance - Sascha Koras has sold hardware and proprietary system software have been sold to the customer as a unit, the customer wants to transfer third party, waives the right to use the programs and the third party use of the programs and the third party undertakes by written 5Compliance - Sascha Koras to protect the programmes and to comply with the to comply with the limits of the right of use of the copies as they exist for the customer. In the latter In the latter case, the customer must inform 5Compliance - Sascha Koras of his or her purchaser to 5Compliance - Sascha Koras without delay. The customer products supplied by 5Compliance - Sascha Koras only with the consent of 5Compliance - Sascha Koras only with the consent of 5Compliance - Sascha Koras. The customer is not permitted to make copies, transcripts and other duplications of the software products software products exclusively for the customer's own internal use and for their and for their intended use. The customer is obliged to software products only if the warranty period has expired and the customer has not period has expired and the customer has not concluded a maintenance agreement with 5Compliance - Sascha Koras has not concluded a maintenance agreement.
9.1.3 Scope of the right of use
The customer may only use the 5Compliance - Sascha Koras only on a maximum number of data processing the number of data processing systems, central processing units or users specified in the licence agreement / purchase contract. If this number is exceeded, the licence must be renewed immediately (subsequent right of use). The extension of the purchase contract by additional licences (users) shall be effected in accordance with the currently valid price list of 5Compliance - Sascha Koras. Sascha Koras. The right of use may be limited in time.
9.1.4 Programme protection
Upon termination of the right of use, the customer is the originals and all copies, including any modified copies of the copies of the software products to 5Compliance - Sascha Koras or to destroy the latter or to destroy the latter and to inform 5Compliance - Sascha Koras in writing on request. Sascha Koras in writing upon request. these terms and conditions, 5Compliance - Sascha Koras is entitled to terminate the use of the program with immediate effect or at the use of the programme with immediate effect or optionally with the setting of a period of time. The right of use granted to the customer shall expire. Should Compliance - Sascha Koras has supplied a source program or manufacturer's documentation for standard software the following shall apply to the customer: The disclosure of a source program or software product supplied by 5Compliance - Sascha Koras to the customer. software product supplied by 5Compliance - Sascha Koras to third parties, unless the third parties, unless this prohibition would be grossly unreasonable for the unreasonable to the customer (for example: premature termination of maintenance by by the 5Compliance - Sascha Koras or premature extraordinary termination by the customer; after the expiry of a care obligation, if the 5Compliance - Sascha Koras actually and recognizably no longer has any in maintaining confidentiality). The 5Compliance - Sascha Koras provides software - products products as object programs. Any even decompilation into another form of expression by the customer is inadmissible. inadmissible.
9.1.6 Special features for rent
If software products are rented out to the customer, the 5Compliance - Sascha Koras is only liable for errors which were already contract only if 5Compliance - Sascha Koras is at fault. is to blame. The customer may not sublet software products rented to him by 5Compliance - Sascha Koras without consent. software products rented to him by 5Compliance - Sascha Koras without consent.
9.1.7 Licence terms of the software manufacturers
For all products, the special licence conditions of the licence conditions of the respective manufacturer apply to all products. These are enclosed with the products products or, especially in the case of purely online products, can be viewed and accessed online where the products themselves are made available. In the event of In the event of contradictions between these General Terms and Conditions and the respective the latter shall take precedence.