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General Terms and Conditions
These are the general terms and conditions of susensoftware GmbH, Dennewartstr. 25-27, D-52068 Aachen. The company is represented by the CEO, Axel Susen.
In case of any questions concerning these these terms and conditions left unanwered on our websites, please send us an email to info@susensoftware.de. We reserve the right to change these terms and conditions without notice or giving reasons. The altered conditions are sent to registered clients per email two weeks before taking effect. If you did not contradict within two weeks after the receipt of the email, the altered conditions are considered to be accepted. We will point out the meaning of this two-week-term in the email containing the altered conditions. Should you contradict to the altered conditions we will withdraw the registration.
Validity
§ The general terms and conditions listed here apply for all business relations between us and our clients, even if no further reference is made for later businesses.
§ Deviating regulations only become valid with our written confirmation.
Conclusion of Contract
§ The contract only becomes effective with our confirmation of the order or with the beginning of its performance.
§ All our offers are without engagement.
Prices
§ Unless specified otherwise, all final prices are stated in Euro. The publication of new price lists shall render all former price lists invalid.
§ The agreed upon prices are to be understood as ex our company without installation, briefing or other supplementary services. We reserve the right to choose the way of shipment. Deliveries free of freight and shipping costs require a prior written agreement.
§ Unless agreed upon otherwise, cash is collected on delivery.
§ In case of delivery on account, in the absence of a deviating written agreement, payment is due within 10 days from the day of invoice, net without deductions or discounts. In commercial trade, payments are considered to be paid on the day we can dispose of them.
§ If the purchaser defaults a payment, we minimum, however, 3% above the respective discount rate of the German Bundesbank.
§ The debts are due immediately, if the purchaser defaults at least one liability. The purchaser only reserves a right of retention if it is based on the same contractual relationship. The netting with other than the accepted or legal counterclaims is not permitted.
Delivery
§ In commercial trade, we are entitled to partial deliveries.
§ If we default for reasons within our responsibility and the default is not based on a violation of essential contractual duties, liability for damages is excluded for the case of common negligence.
§ After our default, the purchaser is only entitled to withdraw from the contract if he sets an appropriate additional deadline in writing after the beginning of the default, and at the same time, announces his withdrawal for the case of failure to deliver within the time limit.
§ If the purchaser defaults acceptance or infringes his duty to collaborate, we are without prejudice to further rights entitled to claim for our loss occurred including possible additional expenditures. From the time of default in acceptance, the risk of accidental destruction or deterioration of the purchased item passes on to the purchaser.
Reservation of Propriety Rights
§ We reserve ownership right for all goods supplied by us. In commercial trade, the ownership of the purchased item passes on to the purchaser not until all payments resulting from the current business relationship are received.
§ As long as the ownership has not passed on to the purchaser, the purchaser is prohibited to pawn, pledge as security, or to assign the conditional commodities. Only the resale within the scope of proper business routine is permitted. If the purchaser sells the goods, he already at that time cedes his purchase price claim against the second purchaser to us in full until repayment. We are entitled to claim all information and documents we need for the collection.
§ In commercial trade, the purchaser is obliged to insure the conditional commodity for the duration of the reservation of propriety rights against fire, water, theft and burglary. All rights from this insurance are ceded to us. We accept this cession.
§ If claims of the orderer in the commercial trade from the resale of our conditional commodity are included into a current account, the purchaser at that time already cedes his payment claim amounting to the respective as well as the accepted balance to us, in the amount of our claim against the purchaser.
Warranty
§ In the case of defects in the delivered goods, we are entitled to initially repair the defect ourselves, take the item back or to replace it at our choice. In case of a failure of the repair or replacement the purchaser is entitled to claim for abatement or conversion.
§ The purchaser shall indicate apparent defects within two weeks and hidden defects within 6 months from date of invoice. In commercial trade the obligation to examine and give notice of defects in accordance with §§377 and 378 HGB (code of commercial law) remains unaffected. At the notice of defects, the purchaser is obliged to describe to us how and under which circumstances this defect did occur.
§ The assignment of warranty claims to third-parties is excluded.
§ In commercial trade, notices of defects do not impact the maturity of the purchase price, unless they were determined or approved by us in writing in a legally binding way.
Software
§ Provisions of these terms and conditions concerning the transfer of ownership rights apply mutatis mutandis also for the right of use of the software.
§ For the delivery of software beyond these terms and conditions, the conditions enclosed in or attached to the data medium apply.
§ Susensoftware trades in software licenses. Additional services, installation support, or similar services are not performed.
§ The contracting partner alone is responsible for the operability of the programs for which he has acquired the right of license from Susensoftware, as well as all actions in connection with the operation of the program.
§ The contracting parties also have to take care that a transfer of license can be carried out.
Compensation
§ The purchaser is responsible for data safety. We do not assume any liability for any data losses.
§ In commercial business, we only are liable for compensation of foreseeable damages, as far as the damages were not caused in an act of slight negligence.
§ As far as our liability is excluded or limited, the same applies for the personal liability of our employees, partners, representatives and performing agents.
Place of Performance, Place of Jurisdiction and Applicable Law
§ In commercial trade, place of fulfillment for delivery and payment as well as place of jurisdiction is Aachen. We are entitled to file suits at the place of the client’s office or branch.
§ The only applicable law is German law.
Final Regulations
Should individual provisions of these general terms and conditions be or become invalid, whether entirely or in part, the validity of the other provisions remains unaffected. The invalid provisions are to be replaced by the legal regulations which the parties when in doubt would have chosen if they had known about the legal situation at the time of the conclusion of contract, considering the spirit of these provisions in order to achieve the aspired economic purpose. In any case of doubt, only the German version of these terms and conditions shall apply.
If you did not find the answer to your question here, please send us an email to the following address: info@susensoftware.de.
These are the general terms and conditions of susensoftware GmbH, Dennewartstr. 25-27, D-52068 Aachen. The company is represented by the CEO, Axel Susen.
In case of any questions concerning these these terms and conditions left unanwered on our websites, please send us an email to info@susensoftware.de. We reserve the right to change these terms and conditions without notice or giving reasons. The altered conditions are sent to registered clients per email two weeks before taking effect. If you did not contradict within two weeks after the receipt of the email, the altered conditions are considered to be accepted. We will point out the meaning of this two-week-term in the email containing the altered conditions. Should you contradict to the altered conditions we will withdraw the registration.
Validity
§ The general terms and conditions listed here apply for all business relations between us and our clients, even if no further reference is made for later businesses.
§ Deviating regulations only become valid with our written confirmation.
Conclusion of Contract
§ The contract only becomes effective with our confirmation of the order or with the beginning of its performance.
§ All our offers are without engagement.
Prices
§ Unless specified otherwise, all final prices are stated in Euro. The publication of new price lists shall render all former price lists invalid.
§ The agreed upon prices are to be understood as ex our company without installation, briefing or other supplementary services. We reserve the right to choose the way of shipment. Deliveries free of freight and shipping costs require a prior written agreement.
§ Unless agreed upon otherwise, cash is collected on delivery.
§ In case of delivery on account, in the absence of a deviating written agreement, payment is due within 10 days from the day of invoice, net without deductions or discounts. In commercial trade, payments are considered to be paid on the day we can dispose of them.
§ If the purchaser defaults a payment, we minimum, however, 3% above the respective discount rate of the German Bundesbank.
§ The debts are due immediately, if the purchaser defaults at least one liability. The purchaser only reserves a right of retention if it is based on the same contractual relationship. The netting with other than the accepted or legal counterclaims is not permitted.
Delivery
§ In commercial trade, we are entitled to partial deliveries.
§ If we default for reasons within our responsibility and the default is not based on a violation of essential contractual duties, liability for damages is excluded for the case of common negligence.
§ After our default, the purchaser is only entitled to withdraw from the contract if he sets an appropriate additional deadline in writing after the beginning of the default, and at the same time, announces his withdrawal for the case of failure to deliver within the time limit.
§ If the purchaser defaults acceptance or infringes his duty to collaborate, we are without prejudice to further rights entitled to claim for our loss occurred including possible additional expenditures. From the time of default in acceptance, the risk of accidental destruction or deterioration of the purchased item passes on to the purchaser.
Reservation of Propriety Rights
§ We reserve ownership right for all goods supplied by us. In commercial trade, the ownership of the purchased item passes on to the purchaser not until all payments resulting from the current business relationship are received.
§ As long as the ownership has not passed on to the purchaser, the purchaser is prohibited to pawn, pledge as security, or to assign the conditional commodities. Only the resale within the scope of proper business routine is permitted. If the purchaser sells the goods, he already at that time cedes his purchase price claim against the second purchaser to us in full until repayment. We are entitled to claim all information and documents we need for the collection.
§ In commercial trade, the purchaser is obliged to insure the conditional commodity for the duration of the reservation of propriety rights against fire, water, theft and burglary. All rights from this insurance are ceded to us. We accept this cession.
§ If claims of the orderer in the commercial trade from the resale of our conditional commodity are included into a current account, the purchaser at that time already cedes his payment claim amounting to the respective as well as the accepted balance to us, in the amount of our claim against the purchaser.
Warranty
§ In the case of defects in the delivered goods, we are entitled to initially repair the defect ourselves, take the item back or to replace it at our choice. In case of a failure of the repair or replacement the purchaser is entitled to claim for abatement or conversion.
§ The purchaser shall indicate apparent defects within two weeks and hidden defects within 6 months from date of invoice. In commercial trade the obligation to examine and give notice of defects in accordance with §§377 and 378 HGB (code of commercial law) remains unaffected. At the notice of defects, the purchaser is obliged to describe to us how and under which circumstances this defect did occur.
§ The assignment of warranty claims to third-parties is excluded.
§ In commercial trade, notices of defects do not impact the maturity of the purchase price, unless they were determined or approved by us in writing in a legally binding way.
Software
§ Provisions of these terms and conditions concerning the transfer of ownership rights apply mutatis mutandis also for the right of use of the software.
§ For the delivery of software beyond these terms and conditions, the conditions enclosed in or attached to the data medium apply.
§ Susensoftware trades in software licenses. Additional services, installation support, or similar services are not performed.
§ The contracting partner alone is responsible for the operability of the programs for which he has acquired the right of license from Susensoftware, as well as all actions in connection with the operation of the program.
§ The contracting parties also have to take care that a transfer of license can be carried out.
Compensation
§ The purchaser is responsible for data safety. We do not assume any liability for any data losses.
§ In commercial business, we only are liable for compensation of foreseeable damages, as far as the damages were not caused in an act of slight negligence.
§ As far as our liability is excluded or limited, the same applies for the personal liability of our employees, partners, representatives and performing agents.
Place of Performance, Place of Jurisdiction and Applicable Law
§ In commercial trade, place of fulfillment for delivery and payment as well as place of jurisdiction is Aachen. We are entitled to file suits at the place of the client’s office or branch.
§ The only applicable law is German law.
Final Regulations
Should individual provisions of these general terms and conditions be or become invalid, whether entirely or in part, the validity of the other provisions remains unaffected. The invalid provisions are to be replaced by the legal regulations which the parties when in doubt would have chosen if they had known about the legal situation at the time of the conclusion of contract, considering the spirit of these provisions in order to achieve the aspired economic purpose. In any case of doubt, only the German version of these terms and conditions shall apply.
If you did not find the answer to your question here, please send us an email to the following address: info@susensoftware.de.