1. Scope & General Terms
1.1 These General Terms and Conditions are the only applicable ones. They apply to all offers, deliveries, contracts and services. Deviating conditions of the customer require express written consent.
Anti-corruption Clause
The contractor declares that he has not participated in any inadmissible anti-competitive agreement in the last 2 years and that no antitrust and economic law proceedings are pending against him and that he is not affected by any exclusion. The contractor undertakes to disclose all planning aids used in connection with the tender/order procedure as well as legal relationships with our employees. In the event of anti-competitive actions according to sentences 1 and 3, he undertakes to pay a contractual penalty of 10% of the contract sum. Our claims for damages remain unaffected by this. Furthermore, we reserve the right to exclude such contractors from further competition.
2. Offer
2.1 Offers are subject to change unless otherwise agreed. The customer is bound to orders placed for four weeks. An order is deemed accepted when it is confirmed by us in writing or when we have begun delivery within this period.
2.2 Copyright law applies to designs developed by 'Fischer IT' as personal intellectual creations. The provisions of copyright law also apply when the level of creativity required under § 2 UrhRG is not achieved.
2.3 'Fischer IT' reserves property and copyright rights to illustrations, drafts, designs and developed programs and websites as well as other documents. They may not be changed, including the copyright designation, either in the original or during reproduction. Any imitation is inadmissible. Transfer to third parties is only permitted with our written consent.
3. Deliveries, Services and Complaints
3.1 To comply with our delivery and service times, we require that we receive all information from the client in a timely manner that we need for implementation.
3.2 Expenses and additional expenses arising from default of acceptance or violation of point 3.1 entitle us to charge the resulting damage to the client.
3.3 'Fischer IT' is entitled to order necessary third-party services in the name and for the account of the customer. Insofar as contracts for third-party services are concluded in individual cases in the name and for the account of 'Fischer IT', the customer is obligated to assume all liabilities and costs from these third-party services to 'Fischer IT'.
3.4 Should complaints arise with printed materials such as flyers, these must be communicated in writing at the latest within three days of receipt of the goods.
3.5 Complaints of any kind must be communicated promptly, at the latest within two weeks of delivery or provision.
4. Prices, Payment and Terms
4.1 The prices valid at the time of contract conclusion apply. The price list is part of every contract.
4.2 Delivery, transport and packaging costs are charged separately.
4.3 Unless otherwise stated, prices are understood plus the respective legally valid VAT.
4.4 Discount expenses and costs are at the customer's expense. Payments may only be made in Euro (€). Invoices are, unless otherwise stated, due immediately upon invoice date.
4.5 Error search times, changes and extensions are working time and will be charged to the client. The respective current price list for services applies.
4.6 The customer is only entitled to offset with claims that have been legally established or are undisputed.
4.7 For orders of higher value or longer duration, reasonable advance payments are to be made, namely half of the total remuneration upon order placement.
4.8 Costs incurred for requested samples and corresponding effort will be charged to the customer - unless otherwise agreed.
4.9 Travel costs, material costs and similar are additionally charged according to our respective price lists. Travel times of our employees count as working hours and are to be remunerated according to the service price lists.
5. Creative Freedom
Within the scope of the contract, 'Fischer IT' has creative freedom. The client has to pay additional costs for change requests during development. In case of intent or gross negligence, 'Fischer IT' can also assert damage claims.
6. Warranty
6.1 Upon release by the customer, the customer assumes responsibility for the correctness of text and image. This eliminates any liability of 'Fischer IT'.
6.2 Media such as photos and texts handed over by the customer are used under the condition that the customer is entitled to use them.
6.3 In case of faulty delivery, 'Fischer IT' reserves the right to subsequent improvement and/or replacement delivery.
6.4 'Fischer IT' is liable according to legal provisions insofar as the customer asserts damage claims based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless 'Fischer IT' is charged with intentional breach of contract, damage liability is limited to foreseeable, typically occurring damage.
6.5 'Fischer IT' is liable according to legal provisions insofar as it culpably violates an essential contractual obligation. In this case, however, damage liability is limited to foreseeable, typically occurring damage. Further liability is excluded regardless of the legal nature of the asserted claim. This applies in particular to damage claims from culpa in contrahendo, due to other breaches of duty or due to tortious claims. As soon as damage liability towards 'Fischer IT' is excluded or limited, this also applies with regard to the personal damage liability of our employees, workers, staff, representatives and vicarious agents.
7. Third Party Liability
We are not liable for attacks on third-party services such as PayPal, which we have commissioned for our customer and which are used by our customer.
8. Ownership, Copyright and Usage Rights
8.1 'Fischer IT' reserves ownership of the delivered goods until full payment is received. In case of payment delay or violation of agreements, we reserve the right to take back the goods and withdraw from the contract. We are then entitled to realize the goods.
8.2 For rented hardware and software as well as websites, we reserve ownership. A rental purchase is only possible after written agreement.
8.3 Copyright and usage rights remain with 'Fischer IT'. Only after written agreement can these be transferred. This is charged separately. It is also not permitted to edit finished work unless otherwise agreed.
8.4 In case of seizure of goods at the customer's premises, we must be informed immediately by sending a copy of the enforcement protocol and a sworn statement that the seized goods are those delivered by us and subject to retention of title.
9. Withdrawal from Contract
We can withdraw from a contract for the following reasons:
- 9.1 If it turns out, contrary to the assumption existing before contract conclusion, that the customer is not creditworthy.
- 9.2 If essential circumstances develop that make performance difficult or impossible.
- 9.3 In case of violation of contractual obligations by the customer.
10. Third Party Warranties
10.1 Warranties may be granted to the customer by the manufacturer. The customer is responsible for handling warranty cases themselves. Otherwise, a corresponding chargeable service order is required. The customer assumes all expenses associated with the warranty case, such as deliveries, possible loan devices and their installation.
11. Data Protection
Our order processing is carried out by means of automatic data processing. The customer hereby gives his express consent to the processing of data that has become known to us in the context of contractual relationships and is necessary for order processing. The customer also agrees that we use the data obtained from the business relationship with him within the meaning of the Data Protection Act for business purposes. In addition, the customer accepts our privacy policy upon contact.
12. Software, including Web Applications & Apps
12.1 The customer is only entitled to pass on the contractual software with our prior written consent. The customer is not entitled to use the software for others or to make it available to third parties for data processing, not even through use on the customer's own computers.
12.2 The customer is not entitled to copy, reproduce and distribute the software.
12.3 Source codes are not disclosed.
13. Final Provisions
13.1 The law of the Federal Republic of Germany applies.
13.2 If the customer is a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction is according to the seat of 'Fischer IT'.
13.3 Unless otherwise stated in the order confirmation, the agency seat of 'Fischer IT' is the place of performance.
13.4 Should individual or several of the above provisions be ineffective, the effectiveness of the remaining provisions will not be affected.
13.5 Should one or more of the above conditions be or become ineffective or contain a gap, the remaining conditions remain unaffected.
13.6 Agreements deviating from or additional to the mentioned provisions are only effective in the form of a written additional agreement to the contract concluded by the parties.