Terms and Conditions
Hornig Software – Terms and Conditions
These terms and conditions are not legally valid. They are only for better understanding for those who don’t speak German. Only the German “Allgemeine Geschäftsbedingungen” (AGB) is legally valid.
§ 1 Offer and Conclusion of Contract
The order signed by the customer or an oral order is a binding offer. We can accept this offer within two weeks by sending an order confirmation or orally.
§ 2 Ownership of Documents
For all documents provided to the costumer in connection with an order / offer, e.g. pictures, texts, program-code etc., we keep the ownership and copy-right. The costumer is not allowed to share these documents with any third party, only if we grant written consent. If we don’t accept the costumer’s offer within the period of § 1, the costumer immediately has to send these documents back or if these are digital documents, the costumer immediately has to delete them.
§ 3 Price and Payment
(1) The payment of the invoice amount shall exclusively be made to the account mentioned on the invoice. The deduction of a cash discount is only permitted by special written consent.
(2) Unless otherwise agreed the invoice amount has to be paid within 10 working days after the invoice date. Interest for delay will be 5% p.a. of the invoice amount. The claim of a higher damage caused by delay is reserved. In case we claim a higher damage caused by delay, the costumer has the option to prove that the damage caused by delay did not exist or the amount has been at least substantially lower.
The costumer only has the right to offsetting, if his counter claims are legally recognized or undisputed. The costumer only has the right to exercise a right of retention only in so far as his counterclaim is based on the same contractual relationship.
§ 5 Completion Time
(1) The compliance with the completion time provided by us requires the correct completion of the costumer’s commitments in time. The plea of a lack of fulfilment of the contract is reserved.
(2) In case of delay of acceptance or culpable violation of other obligations to co-operate by the customer, we are allowed to claim the resulting damage including possible additional expenses. Further claims remain reserved. The costumer has the option to prove that the damage did not exist or the amount has been substantially lower.
(3) We are liable for not deliberately or grossly negligently delay in delivery caused by us. For every full week of delay in delivery we shall be liable with a fixed fee of 3% of the delivery value, up to a maximum of 15% of the delivery value.
(4) Further legal customer claims and rights due to a delivery delay remain untouched.
§ 6 Liability Limitations
(1) Obvious deficiencies have to be communicated to us by the customer in writing within four weeks after delivery of the object of agreement.
(2) During supplementary performance reducing the price or cancelling the contract by the costumer is excluded. A rectification has failed with the second unsuccessful attempt, unless the material of the matter, or the deficiency, or other circumstances lead to different conclusions. Has the supplementary performance failed, or have we reject a rectification, the costumer can either request a price reduction or declare his withdrawal from the contract.
(3) Claims for indemnification according to the following conditions because of a deficiency can be made by the customer only in case the supplementary performance has failed or if we have rejected the supplementary performance. The costumer’s right for further claims for indemnification to the following conditions remains untouched.
(4) Regardless of preceding regulations and following liability restrictions, we are fully liable for damage to life, body and health which are due to a grossly negligent or deliberate breach of duty of our legal representative or our agents, as well as for damages which are included by the German Product Liability Act, as well as for all damages which are due to grossly negligent or deliberate violation of the contract or fraud of our legal representatives or our agents.
(5) We are also liable for damages which are caused by ordinary negligence as far as this negligence applies to such contractual obligations whose observance is of particular importance for accomplish the contract purposes. However, we are liable only if the damages are connected to the contract in a typical way and are predictable. In case of ordinary negligent violations of non-essential secondary obligations we are not liable. The liability limitations included in clauses 1-3 are also valid as far as the liability of legal representatives, executive employees or agents is concerned.
(6) Further liabilities without consideration of the legal nature of the claim made are excluded. As far as our liability is excluded or limited this is valid for the personal liability of our employees, staff, co-workers, deputies and agents.
§ 8 Miscellaneous
(1) This contract and all legal relationships of contract parties are subject to the legislation of the Federal Republic of Germany.
(2) If any particular regulations of this contract should be or become invalid or contain a gap, the remaining regulations remain unaffected.
Valid from 12.01.2015