Our General Terms and Conditions
The following terms and conditions shall apply between Breitenbach Software Engineering GmbH, hereinafter referred to as Breitenbach, and its customers for all current and future services in the user software sector, unless otherwise agreed in writing. Deviating conditions of the customer, which Breitenbach did not expressly agree to in writing, are not a contractual part. The content of orders is governed solely by the wording of the written agreements in this regard. Changes must be made in writing.
2 Delivery / Software
The software is delivered on data carriers with German documentation (CD-ROM).
The licensee is responsible for securing the data supplied by bb and generated during the use of the programs. We expressly allow you to create backup copies.
All services provided by Breitenbach are subject to our general terms and conditions. By accepting or accepting the contractual service, the contract shall be deemed to have been accepted if the customer does not object in writing immediately after acceptance or acceptance. Breitenbach will be particularly aware of the consequences of the omission of the declaration. Breitenbach is entitled to partial services. Deviations of the delivered goods and services from the tender documents are permissible if they fulfill or include the services of the ordered program and the services. The order confirmation given by Breitenbach and these general terms and conditions of business are decisive for the content of the delivery obligation. If a performance is delayed beyond the time stipulated by Breitenbach, rights can only be exercised after expiry of a period of at least three weeks set by the purchaser, unless the customer proves that an interest due to the deadline has completely ceased to exist. If Breitenbach falls into default with delivery, or if delivery is not possible for Breitenbach, the compensation for indirect damage is excluded, as long as delay or impossibility is not based on a grossly negligent breach of contract by Breitenbach. If Breitenbach can not properly fulfill the contractual obligations arising from it due to events of force majeure, the customer can not derive any rights whatsoever from whatever legal grounds. Force majeure applies in particular to war, internal unrest,
Terrorist acts, confiscation or other measures of the public violence strike, lockout or other work conflicts, lack of suitable materials, machine damage, machine breakage or other operational disturbances, natural events or other circumstances beyond Breitenbach’s responsibility or which can be removed only with unreasonable expenses. Dispatch and delivery shall be at the expense of the Purchaser. The risk is transferred to the customer with the task of dispatching the goods. This also applies if freight-free delivery has been agreed. If the goods are to be collected by the purchaser, the risk passes to the purchaser with delivery.
5 Provision of programs
Breitenbach grants the Customer the non-exclusive and non-transferable right to use the agreed and licensed programs on a particular computer system. Networked computer systems are not considered as one system. The right of use (the license) of the customer comes about by applying for the license number at Breitenbach, Möhnesee. The use of programs without a license number is not permitted. The programs must not be passed on to third parties. Third parties in this sense are also branches or subsidiaries of the customer.
6 Software Acceptance / Hardware Acquisition
Within the framework of an overall project, the following subareas are distinguished: o Hardware (computers, terminals, network components, etc.) o Breitenbach standard software o Individual software and project-related adaptations o Project management, duties, meetings, Dedication, Training, Customizing The hardware is transferred with the delivery. The software is transferred by unblocking the standard / software licenses. Services do not require acceptance, the proof is legally provided on the delivery note. The acceptance of the standard software modules is carried out by demonstrating the functionality described in the documentation with test data from bb following the transfer of the software and documentation, but at the latest 2 weeks after transfer or installation on the customer system. The project-specific adaptations are declared as accepted by the two parties on the basis of proof of the functionality according to the specification. Even with minor deficiencies of individual functions but which do not significantly affect the operability of the overall system, acceptance shall be granted. Acceptance is valid at the latest from productive use of the software.
The calculation of standard software takes place after installation of the components. The calculation of individual software and adjustments takes place at 50% after conclusion of the contract, 40% after installation and 10% after acceptance. The calculation of hardware takes place after the delivery. Services are provided according to Delivery note is calculated directly on the basis of the service.
8 Usage rights for operating systems
For the operating system for a computer or the computer system a non-exclusive, non-transferable right of use is granted to the customer. The right of use is limited to the computer or to the computer system on which the operating system has been installed for the first time. The operating system may only be used by the customer according to the agreements made by the manufacturer.