General Terms and Conditions
1 General Terms
1. All deliveries, services and offers are made exclusively according to these General Terms and Conditions, which are considered and accepted as part of the Software Sales Contract.
2. Changes or extensions to these Terms and Conditions are only valid if made in writing and signed.
2 Product Delivery Date and Compensation Claims
1. The product will be delivered to the schedule given in the Confirmation of Contract Letter.
2. Any claims against GEOTEC GmbH for compensation will only be recognized in cases of intentional or gross negligent damage.
3 Prices of the Products
All prices are stated net, without Value Added Tax (in Germany – Mehrwertsteuer). VAT (MwSt) is to be added at the currently valid percentage rate.
4 Reservation of Ownership
GEOTEC GmbH reserves all Rights of Ownership on the product until all of their demands, including any furthergoing claims, against the customer are settled.
5 Shipping and Risk
The product will be shipped by normal mail Post, at the cheapest postage rate. The customer may demand a different form of shipment, in which case, the preferred shipping method is to be expressly stated in the Ordering Instructions. Whether the customer shall bear any surcharge incurred will be subject of an individual decision. The decision will be made known to the customer in the Confirmation of Contract letter.
1. All payments are to be made in full, without any form of discount or other deduction, within either 14 or 30 days of the date of the Bill of Sale. The payment deadline will be expressly stated in the Bill of Sale.
2. In the case of belated payments, GEOTEC GmbH is, without any previous notice or deadline, entitled to demand interest on arrears at the current bank loan interest rates, but at least at the rate of 0.8% a month.
1. GEOTEC GmbH is to be notified immediately on the occurrence of any defects in the product or its functionality.
2. In the case of legitimate complaints, GEOTEC GmbH will correct or replace the product.
1. Interested parties can receive a demonstration version of PANDA, in order to test whether the program is suitable to their requirements.
2. Demo versions are to be used explicitly for testing purposes only. Commercial exploitation is prohibited.
3. The Demo-Version (Program CD – incl. Manual – and Dongle) remains the sole property of GEOTEC GmbH.
4. In the case that the Software Package PANDA is not purchased by the interested party, the Demo-Version (Program CD with Manual and Dongle) is to be returned to GEOTEC GmbH.
5. In case of not-returning the Demo-Version to GEOTEC GmbH we invoice EUR 50,00.
9 Applicable Law
These Terms and Conditions and all transactions between GEOTEC GmbH and the customer, are subject to the Laws and Regulations governing Commerce as applicable in the Federal Republic of Germany.
Place of Jurisdiction to settle all claims and legal disputes arising out of the contract, as well as for the fulfilment of the contract is Hanover, Germany. This also applies when the customer is registered as a proper Merchant or Company.
Should any part of these Terms and Conditions, or any other provision occurred in another Agreement prove unenforceable or invalid, that part shall be construed to reflect the parties original intentions and shall be replaced by a binding Agreement that fulfils and is equivalent to these intentions. The unenforceability or invalidity of any part of this agreement does not affect the enforceability or validity of the remainder of the agreement.
These General Terms and Conditions are effective from October 2013 and replace all previous Terms and Conditions.