Terms of Service

Stand: 01.02.2013

These are the general terms and conditions of susensoftware GmbH, Eygelshovener Straße 11, 52134 Herzogenrath. The company is represented by the managing director, Axel Susen.

If you have any questions about these Terms of Use that you can not find on our web pages, please email us at . We reserve the right to change these Terms of Use at any time without giving reasons. The changed conditions will be sent to the registered customers by e-mail two weeks before their entry into force. If you have not objected within two weeks after receiving the e-mail, the changed conditions will be considered accepted. We will inform you separately in the email containing the changed conditions of the importance of this two-week period. If you object to the changed conditions, we will withdraw the registration.

Application
§ The terms and conditions listed here apply to all business relationships between us and our customers, even if they are no longer referred to in subsequent transactions.
§ Deviating from this rule will only be effective through our written confirmation.

Conclusion of Contract
§ A contract is only concluded when an order has been confirmed by us or when it is started on our part.
§ All our offers are non-binding.

Prices
§ Unless otherwise stated, all stated final prices are in Euro. With the appearance of new price lists, all previous price lists lose their validity.
§ The agreed prices are ex our company without installation, instruction or other additional services. We are reserved for the choice of shipping. Freight and free shipping requires a prior written agreement.
§ Unless otherwise agreed, the deliveries take place against cash on delivery.
§ In the case of delivery on account, the payment has to be made within 10 days after the invoice has been issued, without deductions or discounts, unless otherwise agreed in writing. Payments are deemed to have been made in commercial transactions on the day we can dispose of the amount.
§ If the buyer defaults on the payment, we charge default interest in the amount of the interest we have to pay for borrowings, but at least 3% above the respective discount rate of the Deutsche Bundesbank.
§ Our claims are due immediately as soon as the buyer defaults on the fulfillment of at least one liability. A right of retention remains reserved to the buyer only if it is based on the same contractual relationship. Offsetting with other than recognized or legally enforceable counterclaims is inadmissible.

Delivery
§ We are entitled to partial deliveries in commercial transactions.
§ If we are in default for reasons for which we are responsible and this is not based on the violation of essential contractual obligations, liability for damages in the case of ordinary negligence is excluded.
§ After we are in default, the buyer is only entitled to resign if he sets a reasonable grace period in writing after the beginning of the delay, and at the same time announces his resignation in the event of non-delivery within the time limit.
§ After the buyer is in default of acceptance or has breached his duty to co-operate, we are entitled, without prejudice to further claims, to demand compensation for the damage incurred, including any additional expenses. From the time of default of acceptance, the risk of accidental loss or deterioration of the purchased item passes to the buyer.

Retention of Title
§ We reserve the right to all goods delivered by us. In commercial transactions, ownership of the purchased item does not pass to the buyer until all payments from the current business relationship have been received.
§ As long as the property has not been transferred to the buyer, the buyer is prohibited from pledging, transferring the security or transfer of the reserved goods by way of exchange. Only a resale within the framework of a proper course of business is permitted. If the buyer sells the goods, he already now assigns his purchase price receivable against the buyer in full to us until repayment. We are entitled to demand all information and documents necessary for collection.
§ In commercial transactions, the buyer is obliged to insure the reserved goods against fire, water and (burglary) theft for the duration of the reservation. All rights under this insurance are assigned to us. We accept this assignment.
§ If claims of the purchaser in commercial transactions from the resale of our reserved goods are included in a current account, the purchaser now assigns to us his right to payment in the amount of the respective and the recognized balance in the amount of our claim against the buyer.

Warranty
§ In case of defects of the delivery item, we are entitled, at our discretion, to repair the defects ourselves, to take back the goods or to provide compensation. In case of failure of the repair or replacement, the buyer is entitled to demand reduction or conversion.
§ The buyer has to report obvious defects within two weeks and hidden defects within 6 months after the invoice date. The validation and complaint obligations in commercial transactions according to §§377 and 378 HGB remain unaffected. When issuing a complaint, the buyer is obliged to describe to us in what way and under what circumstances this error occurred.
§ The assignment of warranty claims to third parties is excluded.
§ In commercial transactions, the complaints do not affect the due date of the purchase price claim, unless they have been legally established or acknowledged by us in writing.

Software
§ The contract partner is solely responsible for the operability of the programs for which the license rights have been acquired by susensoftware and all tasks associated with the operation of the programs.
§ We assume no liability for software errors and consequential damages.

Compensation
§ Data backup is the responsibility of the buyer. We are not liable for any loss of data.
§ In commercial transactions, we are liable only for compensation for foreseeable damage, insofar as it was caused by slight negligence.
§ Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, partners, representatives and vicarious agents.

Place of performance, jurisdiction and legal system
§ In commercial transactions, the place of performance for delivery and payment as well as place of jurisdiction is Aachen. We are also entitled to sue at the place of residence or a branch of the customer.
§ The law of the Federal Republic of Germany applies exclusively.

Other Agreements
Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining conditions shall not be affected. In place of the void provisions, the legally valid provisions, which the parties would have reached in case of doubt with knowledge of the legal situation at the time of the conclusion of the contract, taking into account the meaning and purpose of these conditions, in order to achieve the desired economic purpose. If you can not find the answer to your question here, please send us an e-mail to the following address:.

Imprint

Publisher of the website

susensoftware GmbH
Eygelshovener Straße 11
D - 52134 Herzogenrath
Germany

telefono: +49 (0)2406 98 96 290
telefono: +49 (0)2406 98 96 296

Web: www.susensoftware.com
E-Mail:

managing Director: Axel Susen

judicial competence: Aachen HRB 14127
identification number for VAT purposes: DE 2534 06260
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