These General Terms and Conditions apply to: LANTECH INFORMATIONSTECHNIK GMBH, hereinafter referred to as “LANTECH” for short.
LANTECH INFORMATIONSTECHNIK GMBH
63911 Klingenberg am Main
phone: +49 9372 / 94 51 ‐ 0
Subject matter of these terms and conditions, scope of application
1.1 These General Terms and Conditions, hereinafter referred to as “GTC”, apply to contracts concluded between LANTECH and private/business customers as well as to all other agreements made within the scope of this business relationship, unless the parties agree otherwise in writing.
Contracts within the meaning of these GTC between LANTECH and the customer may also include the delivery of hardware and software. LANTECH does not recognize any deviating GTC of the customer. In the event that the customer does not wish to accept these GTC, it shall notify LANTECH thereof in writing in advance.
1.2 These GTC shall not apply to future contracts if LANTECH provides amended terms and conditions prior to the conclusion of such contracts; the amended terms and conditions shall then apply.
In all other cases, collateral agreements and contract amendments must be confirmed in writing by LANTECH to be effective. Upon release of these terms and conditions by LANTECH, all terms and conditions previously used by LANTECH for contracts shall cease to be effective for the future. However, the older terms and conditions on which they are based shall continue to apply to contracts already validly concluded prior to this date.
Conclusion of contract (offer and order)
2.1 If the order by the customer is preceded by our offer, the contract shall be concluded by confirmation of the order. If the customer’s order deviates from our offer, the contract shall only be concluded upon our confirmation of the order. In any case, our offers are subject to change without notice and are subject to self-delivery.
2.2 If the customer submits an offer to us, the contract shall only be concluded upon receipt of our order confirmation or invoice or upon delivery of the goods to the customer.
Our order confirmation or invoice is decisive for the scope and content of the contract.
2.3 In order to check creditworthiness, LANTECH exchanges address and creditworthiness data with credit service companies in justified cases.
2.4 The information contained in brochures and catalogs, such as illustrations, drawings, weights and dimensions, are non-binding unless we have expressly designated them as binding. In particular, the aforementioned information does not constitute a guarantee of quality and durability of any kind.
2.5 Minor deviations from the product specifications shall be deemed to be approved, provided they are not unreasonable for the contractual partner.
Cooperation obligations of the customer
3.1 The customer shall support LANTECH in the provision of the service to the extent necessary.
3.2 The proper and professional preparation of the service to be provided by LANTECH that is necessary for the provision of the service, such as the provision of information and documents, licenses/software required for the service, the power supply of the necessary hardware or access to the hardware in the event of a malfunction, shall be the responsibility of the customer and shall be carried out at its expense in good time before the agreed start of the service.
3.3 Ordered or delivered goods may be subject to (re-)export restrictions, in particular of the USA or the UK. For this purpose, the export restrictions notified by the respective manufacturer must be observed by the customer. The customer must oblige his customers to also observe the aforementioned regulations. The customer shall provide LANTECH with all information and declarations required by LANTECH to fulfill its obligations under national or international import or export regulations.
Rights to documents and embodied service results
4.1 Offer documents (product descriptions, sample documents, etc.) remain the property of LANTECH and may not be reproduced or disclosed to third parties without LANTECH’s consent. LANTECH alone is entitled to copyright exploitation rights to these documents. Any disclosure may only be made with the consent of LANTECH.
4.2 Unless otherwise provided in the respective contract, LANTECH grants the customer the non-exclusive, permanent, irrevocable and non-transferable right to use the embodied service results provided under the contract to the extent that this results from the purpose and scope of the contract. These rights include the agreed intermediate results and tools. Deviations from these usage regulations require agreement in the contract.
Change of service
5.1 After conclusion of the contract, the customer may request changes to the scope of services within the scope of LANTECH’s capabilities, unless this is unreasonable or impracticable for LANTECH. The amendment procedure shall be documented.
5.2 LANTECH shall review the customer’s change request and notify the customer within ten working days whether the change request is unreasonable or unfeasible for the customer. If the request for change is reasonable and feasible, he shall at the same time advise whether or not extensive testing is required.
5.3 If a comprehensive review of the change request is required, LANTECH shall at the same time submit a corresponding review offer with details of the remuneration. Within 10 working days, the Client shall either place or refuse the audit order. If an extensive review of the change request is not required, LANTECH shall either submit a realization offer specifying the period of performance, planned dates and effects on the remuneration or agree on the implementation of the requested changes. The customer shall accept or reject the realization offer LANTECH within ten working days from receipt of the realization offer. Agreed changes in performance shall be documented in a binding manner by means of a corresponding amendment to the contract.
5.4 The customer and LANTECH may agree that the services affected by the change request shall be interrupted until the necessary adjustment of the contractual agreements. Any such agreement shall be in writing.
Liability for material defects
6.1 The properties and the conditions of use for the contractual hardware and software shall generally result from the performance descriptions of the respective manufacturer or its technical releases and specifications. LANTECH itself does not provide any warranty in the legal sense, unless expressly agreed otherwise. In this respect, the corresponding special provisions and license conditions of the respective manufacturer of the products that are the subject matter of the contract shall expressly apply.
6.2 For private customers, the statutory warranty period of 2 years shall apply, beginning with the transfer of risk.
The warranty period for merchants is 1 year for the delivery of new goods and 6 months for the delivery of used goods and begins with the transfer of risk.
6.3 The customer shall inspect ordered goods or other services of LANTECH for completeness and any defects immediately upon receipt or performance of the service and shall notify LANTECH in writing of any defects immediately, but no later than two weeks after receipt of the goods or acceptance of the service. In the absence of an immediate complaint (two-week period), the goods or the service shall be deemed to have been properly and completely delivered or provided, unless the defect was not recognizable during the inspection. After the expiry of the two-week period, the assertion of warranty rights for visible defects is excluded. The customer shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. The statutory duties of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB) applicable to merchants shall remain unaffected.
6.4 In the event of a material defect, LANTECH shall, at its option, remedy the defect or make a subsequent delivery. Parts replaced for the purpose of subsequent performance shall become the property of LANTECH without compensation. If LANTECH fails to remedy notified defects within a reasonable grace period set in writing or if two attempts to remedy the defect fail, the customer is entitled either to withdraw from the respective individual purchase contract for a device, to demand a reasonable reduction in price or to claim damages. The liability rules of Clause 13 shall apply. However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract. Warranty rights shall become statute-barred one year after receipt of the goods, unless it is a case of fraudulent intent or a warranty expressly assumed by LANTECH.
6.5 If operating or maintenance instructions are not followed by the customer, if modifications are made to the products, if parts are replaced, if consumables are used that do not comply with the original specifications, if additional equipment not approved by LANTECH is attached or if repairs are carried out by persons not authorized by LANTECH, any warranty shall be void unless the customer proves that the defects complained of are not attributable to this.
6.6 LANTECH may refuse subsequent performance until the customer has paid LANTECH the agreed remuneration less a reasonable portion in view of the outstanding subsequent performance (not exceeding three times the costs of remedying the defect as determined by LANTECH).
6.7 The customer shall cooperate in the containment and elimination of defects. The customer is obliged to provide LANTECH with verifiable documentation on the nature and occurrence of defects as well as other documents illustrating the defects. If the customer fails to comply with this obligation, LANTECH may refuse subsequent performance.
6.8 The customer shall immediately notify LANTECH in writing of any defects occurring during the warranty period.
Before carrying out the warranty, it is necessary that we are provided with the complained item for the examination of the defect, at our discretion, either at your premises or by sending it to us. The warranty obligation shall not apply if the contractual partner refuses to carry out the inspection and thus releases LANTECH from its warranty obligation.
6.9 If the customer has made a claim against LANTECH for alleged defects and it turns out that either there is no defect or the defect is due to a circumstance that does not entitle the customer to make a claim for defects, the customer shall reimburse LANTECH for the costs incurred thereby.
6.10 If the customer asserts claims for defects, this shall not affect any other contracts existing between LANTECH and the customer.
6.11 The limitation period for claims for defects by the customer shall be one year. In the case of claims due to defects in the hardware or software, the limitation period shall begin with the delivery of the hardware and software to the customer. In the case of claims due to defects in work performance, the limitation period shall commence upon acceptance of the respective work performance. The customer’s commercial obligations to examine the goods and to give notice of defects shall remain unaffected.
6.12 Only the customer as the direct contractual partner of LANTECH is entitled to warranty rights and these are not assignable.
6.13 The sale of used products shall be made to the exclusion of any liability for material defects.
7.1 If the manufacturer of the goods which are the subject matter of the contract provides a – usually dependent – warranty in this respect, LANTECH shall pass this warranty on to the customer. The customer is responsible for submitting the warranty cards or other comparable notification documents required for this purpose to the manufacturer in accordance with the respective manufacturer’s specifications. The scope of the warranty, if any, issued by the manufacturer shall be determined by the performance description, if applicable, in conjunction with the manufacturer’s warranty card.
7.2 In order to preserve the warranty claims, the Customer shall contact the manufacturer directly in case of occurrence of defects covered by the warranty. In order not to jeopardize these claims, he shall observe the manufacturer’s warranty provisions, in particular with regard to the intactness of the goods, type of notification, etc. In all other respects, Clause 6 shall apply.
Retention of title and assignment in advance
8.1 We shall retain title to the delivery item until all our claims against the customer arising from the business relationship, including future claims arising from contracts concluded at the same time or later, have been settled. In the event of conduct by the Purchaser in breach of the contract, in particular in the event of
default of payment, we shall be entitled to take back the object of sale. In this case, the customer is obliged to assign to us any claims for restitution that may exist against third parties. The taking back of the object of sale by us shall not constitute a withdrawal from the contract unless we have expressly declared this in writing. The customer shall irrevocably permit us to enter those rooms in which our property is located, provided that the goods are still on his premises, in order to enable us to take back the goods. In addition, the Purchaser irrevocably permits us to enter those premises in which our property is stored at any time for inspection purposes. The seizure of the object of sale by us shall always constitute a withdrawal from the contract. After taking back the object of sale, we shall be entitled to realize it; the proceeds of realization shall be credited against the customer’s liabilities – less reasonable costs of realization.
8.2 The Purchaser shall be obliged to treat the purchased goods with care; in particular, it shall be obliged to insure them adequately at its own expense against damage by fire, water and theft at replacement value. If maintenance and inspection work is required, the Purchaser must carry this out in good time at its own expense. The purchaser shall keep the (co-)ownership for us free of charge.
8.3 The goods shall remain the property of LANTECH in accordance with the above conditions. The customer is entitled to sell the goods subject to retention of title in the ordinary course of business subject to retention of title as long as he is not in default. Pledges or transfers of ownership by way of security are not permitted. The customer assigns to LANTECH, by way of security, all claims arising from the resale or any other legal ground (such as insurance, tort) with respect to the goods subject to retention of title, including all current account balance claims, already at the time of the conclusion of the contract between LANTECH and the customer. The customer is authorized and obliged to collect the assigned claim. In the event of default of payment by the customer, LANTECH may at any time revoke the direct debit authorization and notify the customer’s customers of the assignment and take back the goods subject to retention of title or, if applicable, demand assignment of the customer’s claims for restitution against third parties.
8.4 Treatment and processing of the reserved goods shall be carried out for us without any obligation on our part. In the event of processing, combination and mixing of the reserved goods with other goods by the customer, we shall be entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If our ownership lapses as a result of combining, mixing or processing, the customer shall already now transfer to us the ownership or expectant rights to which it is entitled in the new stock or item to the extent of the invoice value of the reserved goods, in the case of processing in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used, and shall keep the reserved goods for us free of charge.
8.5 In the event of access by third parties to the goods subject to retention of title, in particular seizures, the customer shall point out LANTECH’s ownership and notify LANTECH without delay so that it can enforce its ownership rights. To the extent that the third party is unable to reimburse LANTECH for any judicial or extrajudicial costs incurred in this connection, the customer shall be liable for such costs.
8.6 In the event of a breach of contract by the customer – in particular default of payment – LANTECH is entitled to take back the goods subject to retention of title or, if applicable, to demand assignment of the customer’s claims for return to third parties. The taking back or seizure of the goods subject to retention of title by LANTECH does not constitute a rescission of the contract.
8.7 The customer shall be obliged to provide the information necessary for the collection of the claims and to hand over any documents required for this purpose. Any resulting costs that cannot be recovered from the third parties shall be borne by the customer.
Delivery and service conditions
9.1 A delivery date is agreed upon according to LANTECH’s anticipated capacity and is subject to timely self-supply and unforeseen circumstances and obstacles, regardless of whether these occur at LANTECH or at the manufacturer, in particular force majeure, government measures, non-granting of official permits, labor disputes of any kind, sabotage, war, terror, shortage of raw materials, delayed material deliveries through no fault of LANTECH. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. Any grace period set by the customer in this case shall also be extended by the duration of the unforeseen event. LANTECH reserves the right to withdraw from the contract if the delay in delivery caused by one of the above events lasts longer than six weeks and LANTECH is not responsible for this. In this case, LANTECH will inform the customer immediately and return any consideration already paid.
9.2 If LANTECH is more than four weeks in arrears with a delivery, the customer may withdraw from the contract after setting a reasonable grace period in writing.
9.3 Further claims are excluded – as far as legally permissible.
9.4 If the delivery or the performance of services is delayed due to circumstances for which the customer is responsible, LANTECH may demand reimbursement of the resulting damage, including additional expenses.
9.5 LANTECH is entitled to make reasonable partial deliveries and render partial services.
9.6 LANTECH generally provides services during normal business hours, from Monday to Thursday between 8:30 a.m. and 5:00 p.m. and on Fridays between 8:30 a.m. and 4:00 p.m., but not during national holidays, unless this is expressly agreed. Additional consulting services and other services outside of this time shall be provided on the basis of a separate order for separate remuneration.
9.7 The costs of shipping and transport insurance shall in principle be borne by the customer, whereby the choice of the shipping route and the type of shipping shall be at the discretion of LANTECH. The customer is obliged to inspect the goods immediately upon arrival and to notify LANTECH immediately in writing of any visible transport damage and any damage to the packaging. The same applies to hidden damage. If LANTECH loses its claims against the insurance company or the subcontractor due to the omission of this obligation, the customer shall be liable for all costs resulting from this breach of obligation. The risk passes to the customer as soon as the goods leave LANTECH’s factory or warehouse.
9.8 Packaging of the goods shall be carried out by the manufacturer. The buyer bears the cost of packaging and disposal.
Prices, terms of payment, set-off
10.1 Our prices are ex works or ex warehouse and do not include packaging, freight, postage, value assurance and transport insurance, unless otherwise agreed. Added to this is the sales tax. In the case of agreed foreign deliveries, the customer shall bear the customs clearance. Discounts, rebates or bonuses shall only be granted upon separate written agreement.
10.2 If, between the conclusion of the contract and delivery, there is an increase in costs for which we are not responsible, in particular the costs for wages (e.g. due to tariff decisions), input material, energy, freight or public charges, the agreed price may be increased appropriately in accordance with the influence of these cost factors without any profit mark-up.
10.3 Our prices are calculated on the basis of the agreed order quantities. If no binding order quantities have been agreed, our calculation shall be based on the agreed target quantities. If the target quantity is not reached, we are entitled to increase the price per unit appropriately.
10.4 Payments shall be made in EURO free of deductions, expenses and costs to a banking institution designated by us. If a payment is made in another currency on the basis of a special written agreement, the applicable exchange rate shall be the EURO reference rate of the European Central Bank at the time the payment is due.
10.5 If services are agreed outside the offer for hardware products, such as assembly, system integration or services for hardware and software such as hardware maintenance or software maintenance, these shall be charged separately in accordance with LANTECH’s current service conditions at the time the service is provided, unless expressly agreed otherwise. Unless otherwise agreed, travel expenses and out-of-pocket expenses shall be charged on the basis of the actual costs incurred, subject to the provision of evidence. In all other respects, the respective terms and conditions for more extensive service offerings shall apply.
10.6 All payments are due immediately after invoicing without deductions. Further arrangements are made on an individual basis. Payment by bill of exchange requires the written consent of LANTECH. Discount and other bill of exchange costs shall be borne by the customer.
10.7 LANTECH is entitled to issue partial invoices according to the progress of performance. Further details are governed by the respective individual agreements between LANTECH and the contractual partner.
10.8 All agreed discounts shall lapse without substitution if the customer is in default with its payment or acceptance obligations to LANTECH in whole or in part. If the customer defaults on his payments in whole or in part, the amount still outstanding at that time shall become due for payment immediately. In commercial business transactions, we shall initially charge interest on arrears at a rate of 5 percentage points p.a. from the due date; from the date of default, we shall charge interest on arrears at a rate of 8 percentage points p.a. above the relevant
Prime rate. In addition, in the event of default LANTECH is entitled to withhold further deliveries and services.
10.9 The customer shall only be entitled to set-off if its counterclaims have been legally established, are undisputed or have been acknowledged by LANTECH. He shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
10.10 The assignment of claims of the customer against LANTECH to third parties is only permitted with the consent of LANTECH.
Performance dates, delay
11.1 Performance dates shall be deemed agreed only if they have been agreed in writing between LANTECH and the contractual partner. 11.1 Performance dates shall be deemed agreed only if they have been agreed in writing between LANTECH and the contractual partner. Delivery dates and deadlines are to be re-agreed if changes to the contract occur later, or if it is impossible to comply with them due to events of force majeure or unforeseen events such as riots, operational disruptions, strikes, lockouts or delays in delivery by the manufacturer.
11.2 LANTECH’s compliance with deadlines and dates is always subject to the customer’s timely and complete fulfillment of its contractual obligations and other contractually agreed duties to cooperate. If it fails to do so and if compliance with time limits and deadlines depends directly or indirectly on the customer’s compliance with such obligation, agreed time limits shall be extended and deadlines shall be postponed at LANTECH’s request at least by the period of time corresponding to the delay plus a reasonable restart time. In this context, the fact that LANTECH always uses existing personnel and other resources to full capacity must be taken into account.
Acceptance of work services
12.1 Insofar as LANTECH renders services aimed at achieving a specific result (hereinafter: “work performances”), the following provisions shall apply in addition to the statutory provisions.
12.2 Work performances require acceptance by the customer, which shall take place in the presence of both parties to the contract.
12.3 LANTECH shall notify the customer in writing of the readiness for acceptance of the work performances. Immediately, within five working days after notification of readiness for acceptance, the contracting parties shall commence acceptance testing, unless otherwise contractually agreed between the contracting parties.
12.4 LANTECH shall prepare a written record of the acceptance test, the correctness of which shall be confirmed immediately by signature of the employees commissioned by the customer to perform the acceptance test. Unless the customer refuses to sign the protocol in writing within five working days, giving detailed reasons, the findings contained in the protocol shall be deemed approved and accepted. The report shall describe all defects found, subdivided according to defect classes from Clause 12.5, and shall conclusively list the reasons for any refusal of acceptance. If the protocol indicates class 1 errors from clause 12.5 that prevent acceptance, and if the customer therefore refuses acceptance, the successful elimination of the errors shall be verified in accordance with the preceding paragraphs as soon as LANTECH has eliminated the errors indicated and has again made the relevant performance available for acceptance. Insignificant deviations, are class 2 and 3 defects from clause 12.5, from the agreed performance characteristics and acceptance criteria do not entitle the contractual partner to refuse acceptance. LANTECH’s obligation to remedy errors in accordance with the provisions of these Terms and Conditions shall remain unaffected.
12.5 Error classes
The purposeful use of a part of the system or the contractual products is not possible or unreasonably restricted. The error has a serious impact on business processing and/or security. These are mainly errors that preclude further processing.
Function-related examples: System downtime without restart, data loss / data destruction, incorrect results during time-critical mass processing of data.
Measures: LANTECH or a third-party provider it may have commissioned shall start processing the defect by qualified personnel immediately after written notification of the defect, shall at least ensure a workaround in the short term and shall, to the extent possible, ensure a correction of the cause of the defect in the short term, e.g. by replacing hardware components, reconfiguring software, remedying software errors by means of patches.
The purposeful use of any part of the system or the products covered by the contract is limited. The error affects business processing and/or security, but allows work to continue. Function-related examples: incorrect or inconsistent processing, noticeable shortfall in the agreed performance data of the system or the products covered by the contract, accumulation of short-term disruptions to operation.
Measures: LANTECH or a third-party provider it may have commissioned shall start processing the defect by qualified personnel immediately after written notification of the defect, shall at least ensure a workaround in the medium term and shall, to the extent possible, ensure a correction of the cause of the defect in the medium term, e.g. by replacing hardware components, reconfiguring software, remedying software errors by means of patches.
The purposeful use of the system or the contractual products is possible without restriction. The error has no or only a minor impact on the business transaction and/or security. These are mainly blemishes or errors that can be circumvented by the client’s own employees.
Function-related examples: Disturbing additional output on the screen, documentation errors / typos.
Measures: LANTECH or a third party provider it may have commissioned shall ensure that the fault is rectified within a reasonable period of time without giving it any special priority.
12.6 If LANTECH performs work, the contractual partner is not entitled to use the work productively before written confirmation of acceptance. If the contractual partner nevertheless brings the work into productive use, this shall be deemed to be acceptance.
13.1 Claims for damages by the customer, irrespective of the legal basis, are excluded. This shall not apply insofar as under the Product Liability Act, other producer liability or in cases of intent, gross negligence, lack of guaranteed quality or breach of essential contractual obligations,
in particular injury to life, body or health, liability is mandatory.
13.2 Damages for the breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless a case of Sec. 13.1. sentence 2 exists, is limited.
13.3 The above limitations of liability shall also apply to vicarious agents employed by LANTECH.
13.4 A change in the burden of proof to the detriment of the Purchaser is not associated with the above provisions.
13.5 Insofar as and as long as a case of force majeure exists, LANTECH shall not be obliged to perform. Force majeure shall be deemed to include, in particular, strikes, war, natural disasters, lockouts, delays or failure of delivery by suppliers, provided that these are caused by an event of force majeure, official or court orders, attacks and assaults from the Internet and from users of the application itself (e.g. viruses, worms, denial of service attacks, Trojan horses), which LANTECH is unable to prevent even with reasonable care under the circumstances of the case.
13.6 The Customer is responsible for a regular backup of its data. In the event of a loss of data for which LANTECH is responsible, LANTECH shall therefore be liable exclusively for the costs of copying the data from the backup copies to be made by the customer and for restoring the data that would have been lost even if the data had been properly backed up. The customer bears the burden of proof that LANTECH is responsible for the loss of data.
13.7 For software installations, test systems shall be provided by the customer; if the customer requests an installation on a live/production system, LANTECH shall not be liable for any operational failures unless such failures were caused by LANTECH intentionally or by gross negligence.
Returns must be made to LANTECH carriage paid and will only be accepted subject to our inspection. Returns can, unless otherwise agreed, only be processed by us if the return is accompanied by a return slip. The customer will receive this return consignment bill upon written or telephone request to LANTECH. The customer bears the risk of the return shipment including the risk of accidental loss. In the case of returns for which the customer is responsible, in particular in the case of refusal of acceptance, we will charge a restocking fee.
Arbitration procedures, management committees
The parties may agree, in the event of any disagreement arising out of or in connection with the performance of the contract which they are unable to settle among themselves, to form a steering committee or to refer the matter to a conciliation board for the purpose of settling the dispute, in whole or in part, either provisionally or finally, in accordance with its rules of conciliation. To enable conciliation, the parties mutually waive the defense of the statute of limitations for all claims arising from the facts in dispute from the request for conciliation until one month after the end of the conciliation proceedings. The waiver has the effect of suspending the statute of limitations.
Unless otherwise contractually agreed, LANTECH and the customer mutually undertake to keep all business and trade secrets of the other party confidential for an unlimited period of time and not to disclose them to third parties or exploit them in any way. The documents, drawings and other information which the other contractual partner receives on the basis of the business relationship may only be used by the latter within the scope of the respective purpose of the contract.
17.1 The provisions of the respective license agreement shall apply to software supplied by us but not produced by us.
17.2 Upon payment of the agreed license amount, the Customer shall acquire the non-exclusive and non-transferable right of use in accordance with the current license terms and conditions of use of the respective licensor, to which the Customer expressly agrees.
17.3 LANTECH warrants only for its own software that it will perform substantially in accordance with the accompanying product manual for a period of six (6) months after receipt of the software. This warranty does not apply if the failure of the software is due to accident, abuse, misapplication or virus. The customer is aware that, according to the current state of the art, errors in programs cannot be excluded.
17.4 In the event of a justified notice of defect, LANTECH reserves the right to carry out a total of three rectifications or, in the event of the final failure of the rectification, to grant the customer the right to rescission or reduction. The customer shall only have a right to rescission or reduction if a program error should prove to be significant and essential for the entire performance and the error cannot be solved by other possibilities of the software.
Any further warranty, in particular that the software is suitable for the customer’s purposes, as well as for direct or indirect damage caused (e.g. loss of profit, interruption of business), as well as for loss of data or damage arising in connection with the recovery of lost data are
expressly excluded, unless LANTECH or its employees can be proven to have acted with intent or gross negligence. LANTECH reserves the right to have changes made to the programs, even after delivery, that improve the performance of the program and do not affect the rest of the software.
Data stored in electronic registers or otherwise in electronic form at LANTECH shall be considered admissible evidence for proving data transfers, contracts and executed payments between the parties.
19.1 The contractual agreements of the parties shall be governed exclusively by the laws of the Federal Republic of Germany. This contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
19.2 The place of performance shall be our registered office in Klingenberg am Main.
19.3 The exclusive place of jurisdiction for all disputes arising from this contract shall be the local court of Obernburg a. M. / branch Miltenberg a. M..
19.4 Amendments or supplements to these Terms and Conditions must be made in writing. If they do not satisfy this, they are null and void. This shall also apply to amendments to this written form clause.
19.5 Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In such a case, LANTECH and the customer shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall also apply to the closure of contractual loopholes.
LANTECH INFORMATIONSTECHNIK GMBH • (c) Copyright 2021