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:
These terms and conditions apply to all contracts, en and services of eVision Systems GmbH (eVision ) as seller vis-à-vis its contractual partners, unless other terms and conditions have been mutually agreed upon in writing.
Deviating terms and conditions of the buyer shall not become binding even if eVision does not expressly object to them. In any case, the following terms and conditions of eVision shall be legally binding for the entire contract.
2. OFFERS AND PLACING OF ORDERS
Offers are subject to change without notice unless a written confirmation of a period of validity has been received.
The placing of an order includes the acceptance of our terms and conditions of delivery and payment. Information on our part regarding delivery time is only approximate and non-binding.
eVision reserves the unrestricted property and copyright exploitation rights to cost estimates, drawings and other documents; they may only be made accessible to third parties after prior written approval by eVision. Drawings and other documents belonging to offers shall be returned immediately upon request if the order is not placed with eVision. In the reverse case, this shall also apply to the documents of the purchaser. However, these may be made accessible to third parties to whom eVision has permissibly transferred deliveries and services.
Unless expressly stated otherwise, the prices for software products are the prices for a single, non-exclusive and non-transferable right of use on a single-user microcomputer.
By fulfilling the purchase contract, the purchaser becomes the licensee of the licensor of the respective software product. The licensee undertakes to use the product only on one computer at a time. The right of use comes into force upon signing the licence agreement and/or opening the sealed diskette cover with the licence agreement written on it and by paying the licence fee, whereby the licensee acknowledges the respective licence agreement. Use without an acknowledged licence agreement is not permitted and constitutes an infringement of the copyrights and other proprietary rights of the respective licensor, which will be prosecuted by the respective licensor. Acknowledgement of the licence agreement is at the same time a prerequisite for any warranty claims. Should any part of this paragraph contradict the licence conditions of the software manufacturer, the manufacturer's conditions shall apply.
Delivery shall be made in the order in which the order is received and within the respective credit limit of the purchaser. No liability shall be accepted for delays due to force majeure, operational or transport delays, etc. The goods will 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.
Ancillary agreements are only valid if confirmed in writing. Delivery of ordered goods shall only be made against invoice. Goods may not be returned for credit.
5. DELIVERY DEADLINESAND DELAY
eVision will comply with promised delivery dates as far as possible. Should it be in default, the buyer (business customer) may only withdraw from the contract after eVision has granted a reasonable period of grace of at least three weeks. All other claims of the buyer in case of non-delivery or late delivery are excluded. EVision shall be released from its delivery obligation if it, for its part, has not been supplied on time and in the correct qualities and other specifications by its upstream suppliers.
6.SHIPPING AND TRANSIT OF RISKS
The shipping of the goods, including any returns, shall be at the expense of the buyer, unless otherwise agreed, and is already included in the purchase price. Each shipment will be insured and covered against damage or loss during transit.
7. PRICES AND PAYMENT
Prices are net ex eVision's registered office or ex place of dispatch for unpacked and uninsured goods and are exclusive of the statutory value added tax applicable on the date of delivery. Invoices of eVision Systems GmbH are payable net within 14 days after delivery and invoicing. From the due date, eVision Systems GmbH shall be entitled to charge interest on arrears 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 shall not be liable for the fault of vicarious agents. Furthermore, no liability is assumed for the usability of the delivered goods for a specific purpose. This shall also apply if eVision Systems has given the buyer any advice on the use of the goods; this shall also apply to advice in the field of training and incomplete training documents. Furthermore, eVision shall not be liable if the delivered goods are only defective 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 are to be exchanged for faultless parts or that eVision issues a credit note in the amount of the value of the returned goods. Any other claim for damages, whether for direct or indirect damages, and all other warranty claims are expressly excluded. No liability whatsoever shall be assumed for goods that have already been processed. The processing of the goods shall be deemed to be an acknowledgement of the correctness of the delivery. eVision draws the attention of the buyer 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 were not avoidable or foreseeable according to the state of the art using standard test methods. 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 the object of the contract; they are to be agreed separately. EVision warrants to the purchaser that at the time of handover the data carriers (diskettes, CDs, tapes) on which the software is recorded and the hardware delivered together with the software are free of defects in material execution 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 telegram. The buyer is obliged to inspect the goods immediately upon arrival.
9.RETENTION OF OWNERSHIP
All goods delivered shall remain our property until full payment of all claims to which we are entitled against the customer 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 goods delivered, the buyer hereby assigns to us his claim arising from the resale of the goods subject to retention of title - we accept this assignment. The conclusion of delivery contracts shall not constitute a claim to the conclusion of further contracts of this kind.
End consumers have a statutory right of withdrawal of 14 days. Business customers have no right of withdrawal with the exception of agreements concluded in advance. If withdrawal from the purchase contract is desired, this must be agreed with the seller in advance.
Products and technical know-how delivered by eVision are in principle 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 approval by the buyer and to the foreign trade regulations of the Federal Republic of Germany or the EU and, in general, to the re-export approval requirement in accordance with the regulations of the U.S. Department of Commerce. The buyer must inform himself independently about these regulations and is liable as exporter for compliance with these regulations.
12. DATA STORAGE
Pursuant to § 33 of the German Federal Data Protection Act (BDSG), we would like to point out that we store personal data insofar as they are related to the business relationship.
The place of performance 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 additional agreements have been made. Additional agreements apart from these general terms and conditions, as well as the agreement of their cancellation or non-applicability, as well as 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
Status: April 2023