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Terms and Conditions

for the sale and the delivery of organizational, consulting and programming services and permissions to use copyrighted software products

Scope of contract and validity

ll orders and agreements shall only be legally binding insofar as these are signed in writing with the legally binding signature of the company of the Contractor and shall only obligate to the extent stated in the acceptance of order. Purchase conditions of the Client shall herewith be excluded for the respective legal transaction and the entire business relationship. All offers are generally non-binding.

Scope and assessment

The subject matter of an order may be:

  • Preparing organizational and IT concepts

  • Situation analysis services

  • Compiling individual programs

  • Configuration of standard applications

  • Automation

  • Workflow automation

  • Compiling automation packages

  • Delivering library (standard-) programs

  • Purchasing usage rights of software products

  • Purchasing permissions to use copyrighted products

  • Online and on-site consultations

  • Program maintenance

  • Compiling program media

  • Miscellaneous services

Individual organizational concepts, programmes and IT concepts shall be created depend-
ing on the nature and volume of binding information, documents and resources provided in
full by the Client. These shall include sufficient practical test data and test facilities pro-
vided by the Client in due time, during normal working hours and at their own expense.
Should the system be provided by the Client for the test work in regular operation, it shall
be incumbent upon the Client to secure the regular data.

The development of automation packages and / or individual programmes shall be based
on the written performance description chargeably created by the Contractor by means of
the documents and information provided to them and/or that the Client provides. The
Client shall review this performance description in terms of accuracy and completeness
and mark it with a sign of acceptance. Subsequent change requests may lead to separate
schedule and price agreements.

The Client shall accept the configuration of standard software four weeks after delivery at
the latest. The Client shall verify acceptance on record. (Checks for accuracy and com-
pleteness by means of the performance description accepted by the Contractor using the
test data mentioned in Clause 2.2.). Should the Client let the four-week period pass with-
out acceptation, the delivered software, component, automation packaage shall be con-
sidered as accepted on the end date of the stipulated period. In any case, the software
shall be considered as accepted should it be used in real operation by the Client.
 

Any defects, that is to say deviations from the performance description agreed upon in
writing, shall be reported to the Contractor in written form and with sufficient documen-
tation by the Client; the Contractor shall make efforts to quickly rectify the defects. Should
substantial defects, which are reported in writing, occur, i.e. real operation cannot be
started or continued, new acceptance shall be necessary after rectification of defects.
 

The Client shall not be entitled to refuse acceptance of software due to unsubstantial
defects.

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