General terms and conditions of Stephan Rath Software
1) Validity
Our deliveries and services are carried out exclusively on the basis of our General Terms and Conditions. Of these conditions Differing regulations will only become effective if confirmed in writing.

2) Product descriptions
The product descriptions we provide are, unless expressly stated as binding, subject to change and non-binding.

3) Prices
The prices stated in our price lists are in EUR including VAT per item, unless a deviation is expressly stated in the item. All offers are non-binding.

4) Delivery / Payment
All deliveries are subject to retention of title. Shipment is always made by prepayment. Discounts cannot be deducted. Prepayment deliveries will only be delivered after receipt of payment. We reserve the right to exclude a buyer who is in arrears from the respective delivery, even if corresponding delivery contracts have been concluded.
Force majeure, other circumstances for which we are not responsible and unavoidable events occurring at our premises or those of our suppliers shall entitle us to suspend or postpone delivery in whole or in part to the extent and for the duration of the hindrance. Delivery dates and delivery periods are only binding if they have been expressly agreed in writing. The delivery deadline shall be deemed to have been met if we have handed over the goods to the transport company within the deadline.

5) Transfer of risk
The risk shall pass to the Buyer upon acceptance for loading by the carrier or, in the case of collection by the buyer, upon provision for loading. If the goods are ready for delivery and the shipment or acceptance is delayed for reasons for which we are not responsible, the transfer of risk shall take place upon notification of readiness to the buyer. notification of readiness to the buyer.

6) Order
For orders under EUR 25.00, we charge a handling fee of EUR 5.00. For first-time customers, please place your order in writing (e.g. by fax). When ordering by telephone, please state your customer number.

7) Warranty
No guarantee can be given that the software will work faultlessly on every computer (PC). However, there is a 12-month update service for the software - if it was created by us - which can be used in the event of a software error. Any changes to the software invalidate the entitlement to a free update. In the event of problems, please contact us first to clarify how we can help. In the event of a complaint, the buyer is generally obliged to send us the defective product (in the case of software, only the original data carriers) at his own expense and risk, together with a detailed description of the fault and a copy of the invoice. In the event of a justified complaint, we will return the corrected or exchanged product to you. Replacement or correction of products does not result in a new warranty period. Should it turn out that a product returned as faulty is not faulty, we will charge a processing fee of 10% of the purchase price, but at least EUR 25.00. The assignment of warranty claims to third parties is excluded.

8) Compensation for damages
Claims for damages arising from delayed or impossible delivery or performance are excluded, except in cases of willful misconduct or negligence. We shall not be liable for the recovery of data unless we have caused the loss through gross negligence and the data can be recovered with little effort. Unless a case of statutory warranty exists, liability on other legal grounds exists only for intent and gross negligence on our part. Liability is limited to the value of the goods.

9) Transport damage / incorrect deliveries
Shipment is at our discretion. Please check the goods on receipt for possible transport damage. In the event of delivery with damaged packaging, please refuse acceptance, stating the reason. If the packaging is in perfect condition but the contents are damaged, please report this to the relevant transport company as soon as you recognize it and contact us. Shortages, incorrect deliveries and obvious defects must be reported to us in writing within 7 days of receipt of the goods, but always before resale, installation, mixing, consumption or software installation.

10) Returns
Returns due to non-conformity or refusal of acceptance will only be accepted in exceptional cases. In this case, 20% of the value of the goods (but at least EUR 10.00) and all shipping costs incurred will be charged.

11) Place of jurisdiction
Unless otherwise provided by law, the place of performance and jurisdiction for both parties is Stuttgart.

12) Severability clause
Should one or more provisions of these GTC be or become legally invalid, this shall not affect the validity of the remaining provisions. In place of any invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic meaning and purpose of the invalid provision. comes as close as possible to the invalid provision.

Status: 1999-March-25

This translation of the GTCs has been prepared for ease of understanding only and is not legally binding. The German version of the GTCs applies.