The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions; We do not accept any conflicting or deviating terms and conditions of the customer unless we have agreed to their validity in writing.

In this respect, performance of our performance on the part of the contract does not constitute acceptance of terms and conditions deviating from our terms and conditions.

These terms and conditions apply as a framework agreement for all other legal transactions between the parties.

2) Offers and contract

Our offers are non-binding. A contract offer of a customer requires an order confirmation. Sending the goods ordered by the customer also causes the conclusion of the contract. If offers are addressed to us, then the offeror is bound to it by a reasonable period of at least 10 days from receipt of the offer.

3) Price (validity for companies)

All prices quoted by us, unless otherwise stated in writing, are exclusive of VAT. Should wage costs change due to collective agreements in the industry or in-house contracts, or should other costs necessary for costing or service provision change, such as materials, energy, transport, external work, financing etc., we are entitled to charge the prices increase or decrease accordingly.

4) Terms of payment, default interest

Unless otherwise agreed, payment will be made by transfer to our business account. The purchase price is due upon the conclusion of the contract. The payment is deemed to have been made on receipt of our business account.

In the event of default of payment by the customer, we are entitled, at our discretion, to claim compensation for the damage actually incurred or to charge default interest of up to 5.0% pa above the UDRB (circulation-weighted average yield for German government bonds) according to the Austrian National Bank.

5) Contract cancellation by companies

In the event of default in acceptance (Item 8) or other important reasons, such as, in particular, the bankruptcy of the customer or bankruptcy for lack of assets, as well as default of payment of the customer, we are entitled to rescind the contract, if it is not fully met by both sides. In the case of resignation, we have the option to claim a lump-sum compensation of 20% of the gross invoice amount or the replacement of the damage actually incurred in the event of debts of the customer. In the event of default of payment by the customer, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to demand advance payments or seizures or to withdraw from the contract after setting a reasonable grace period.

If the customer unjustifiably withdraws from the contract or if he requests his cancellation, we have the choice to insist on the fulfillment of the contract or to agree to the cancellation of the contract; In the latter case, the customer is obliged to pay a lump-sum compensation of 20% of the gross invoice amount or the damage actually incurred.

6) Right of withdrawal of consumers

If the customer is a consumer within the meaning of the KSchG, he may withdraw from a distance contract or a distance contract within a week.

The withdrawal period starts with contracts for deliveries of goods with the day of their receipt at the consumer, with contracts over the rendering of services with the day of the contract conclusion.

No right of withdrawal exists for the following contracts:

Services, the execution of which is commenced as agreed by the consumer within seven working days of the conclusion of the contract.

Goods or services whose price depends on the development of rates in the financial markets, on which the entrepreneur has no influence.

Goods made to customer specifications that are clearly tailored to personal needs that, by their very nature, are not suitable for return, which may spoil quickly or whose expiration date would be exceeded,

Audio or video recordings of the software, if the delivered goods have been unsealed by the consumer,

Newspapers, periodicals and magazines, with the exception of contracts for periodicals.

In the case of a withdrawal by the consumer, the latter bears the direct costs of the return.

7) dunning and collection charges

In the case of default of payment, the customer has to reimburse us the resulting dunning charges amounting to a flat rate of € 10.90 per reminder as well as for the evidence retention of the debt in dunning a sum of € 6.00 per half year. After an unsuccessful second reminder, we are entitled to commission a collection agency, the costs of which are borne by the customer up to the remuneration due in the ordinance of the BMwA on the maximum rates of collection agencies.

8) Delivery, transport, acceptance delay

Our prices do not include delivery, installation or installation costs. On request, however, these services are provided or organized by us for a separate payment. For transport or delivery, the costs actually incurred, including a reasonable overhead charge, but at least the applicable or customary freight and freight charges on the day of delivery, will be invoiced for the chosen mode of transport. Assembly work is calculated on the basis of time and distance (return journey), whereby a standard hourly and mileage rate is agreed.

If the customer has not accepted the goods as agreed (default of acceptance), we are entitled after unsuccessful grace period either to store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day started, or at the expense and risk store the customer at a licensed business person. At the same time, we are entitled either to insist on fulfillment of the contract or to rescind the contract after setting an appropriate grace period of at least 14 days and to reuse the goods elsewhere.

9) Delivery time

We are only obliged to perform our services as soon as the customer has fulfilled all his obligations, which are necessary for execution, and in particular has fulfilled all technical and contractual details, preparatory work and preparatory measures.

We are entitled to exceed the agreed deadlines and delivery times by up to one week. Only after expiry of this period, the customer can withdraw from the contract after setting a reasonable grace period.

10) Place of performance

Place of fulfillment is the seat of our company.

11) Minor changes in performance

If it is not a consumer business, minor or other reasonable for our customers reasonable changes in our performance or delivery obligations are considered approved. This applies in particular to deviations caused by the item (eg dimensions, colors, wood and veneer picture, grain and structure, etc.)

12) Warranty, examination and notification obligation

For consumer transactions, the statutory provisions apply.

If it is not a consumer business, we meet warranty claims of the customer in the presence of a recoverable defect of our choice either by replacement, repair within a reasonable time or price reduction. Claims for damages of the customer, which aim to remedy the defect, can only be asserted if we are in default with the fulfillment of the warranty claims.

If it is not a consumer business, the goods shall be inspected immediately after delivery, but at the latest within 6 working days within the meaning of §§ 377 f HGB. Any defects discovered must be reported to us in writing immediately, but no later than 3 working days after their discovery, stating the nature and extent of the defect (including the photo). Defective defects must be reported in writing immediately, but no later than 3 working days after their discovery. If a complaint is not made or not collected in time, the goods are considered approved.

13) Compensation

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to items taken over for processing. The existence of slight or gross negligence, unless it is a consumer business, the injured party has to prove.

If it is not a consumer business, the limitation period for claims for damages is three years from the transfer of risk. The provisions on damages contained in or otherwise agreed in these terms and conditions shall also apply if the claim for damages is asserted in addition to or instead of the warranty claim. Before connecting or transporting computer-aided technical products or before installing computer programs, the customer is obliged to adequately safeguard the data stock already existing on the computer system, otherwise he alone is responsible for lost data and all related damage carry.

14) Product liability

Claims for recourse in the sense of §12 Product Liability Act are excluded, unless the person entitled to recourse proves that the mistake has been caused in our sphere and at least has been caused by gross negligence.

15) Retention of title and its assertion

All goods are delivered under retention of title and remain our property until full payment. The assertion of the retention of title is only a withdrawal from the contract, if it is expressly declared. In case of return of goods, we are entitled to charge incurred transport and handling charges. In the case of access by third parties to the reserved goods - in particular through seizures - the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur, to whose proper business trading with the goods we have purchased, he may not dispose of the outstanding purchase price claim on the goods subject to retention, in particular not sell, pledge, give or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.

16) Receivables

In the case of deliveries under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims on account of payment. Upon request, the customer must name his customers and inform them in good time of the assignment. The assignment is to be made visible to the customer in the business books, delivery notes, invoices etc. If the customer is in arrears with his payments to us, the sales proceeds received from him are to be segregated and the customer has these only in our name. Any claims against an insurer are already assigned to us within the limits of §15 VersVG. Claims against us may not be assigned without our express consent.

17) Retention

If it is not a consumer business, the customer is justified in justified complaint except in cases of reversal not to withhold the entire, but only a reasonable, proportionate part of the gross invoice amount.

18) Choice of law, place of jurisdiction

Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The contracting parties agree on Austrian, domestic jurisdiction. If it is not a consumer business, the competent court in Spittal an der Drau has jurisdiction over all disputes arising from this contract.

19) Privacy, change of address and copyright

The customer gives his consent that all of his personal data, including those included in the purchase agreement, will be used by us in fulfillment of this contract and, in particular, stored and processed in an automated manner.

The customer is obliged to notify us of changes to his residential or business address and email address as long as the contractual transaction is not completely mutually fulfilled. If we refrain from the notification, declarations shall be deemed to have been received even if they are sent to the last known address.

Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any kind of use or exploitation rights.

20) Sending electronic mail

The customer agrees to the sending of electronic mail as a mass mailing or for advertising purposes. This consent is revocable at any time.

21) ServicePLUS package 365

The contracting party is USDatec Elektroniksysteme und Datentechnik GmbH with its registered office in Latzendorf 18a in 9832 Stall; 96bit is a brand or division of USDatec Elektroniksyste-me und Datentechnik GmbH.

validity

The validity of the ServicePLUS package 365 extends to the duration specified above, usually one year. In addition, additional days or deviations can be agreed. The validity expires automatically at the end of the specified validity period, but can be extended or renewed as part of a new Service-PLUS package. A renewal requires the renewed, written consent of both parties or a newly completed ServicePLUS package 365 application and must be made by mutual agreement.

We reserve the right to unilaterally terminate validity or to withhold services from the ServicePLUS Package 365 in the event of abusive, business-damaging behavior or late payment of the monthly fee by the contracting party.

terms of payment

The stated monthly fee is due in advance until the 15th of each month. The fee can be made by transfer to our company account or by direct debit via separate SEPA mandate be collected.

The customer expressly agrees to receive the invoice via electronic mail (eg via email).

In the case of delayed or non-payment, we reserve the right to unilaterally terminate the validity or performance restraints until full payment has been made.

Our account connection

The Kärntner Sparkasse

IBAN: AT11 2070 6026 0004 9593

Bank code: 20706

BIC: KSPKAT2KXXX

miscellaneous

Any changes in the IT infrastructure (expansion and reduction), the number of PC workstations or company changes are to be announced immediately.

Number of PC workstations: indicates how many PC workstations are available at the site.

Simple distance in km: Distance according to Google Maps from our headquarters to the registered office or the branch of the contracting party.