General terms and conditions of use of the Düchting Software & Consulting GmbH
The following terms and conditions apply exclusively to the sale of our products, even if we have not contradicted the purchaser's different purchasing conditions in individual cases. With the acceptance of our products, these terms and conditions are deemed to be unconditionally accepted by the customer - even in the event of his previous objection. Deviations require our express prior written consent to be effective. Our terms and conditions also apply to all future business with the customer.
Offer and conclusion
Our offers are subject to change. We reserve the right to increase our prices appropriately if costs increase after the conclusion of the contract. We will prove this to the customer on request. Verbal price and delivery information provided by employees is always non-binding.
Shipping and transfer of risk
Unless otherwise stated in the order confirmation, delivery from the Kasbach-Ohlenberg warehouse is agreed. The dispatch takes place at the cost and risk of the customer.
If an agreed delivery time is not met and the customer has set a reasonable grace period, he can withdraw from the contract if it expires without result. The purchaser is only entitled to compensation claims if the delay is due to intent or gross negligence and is limited to 50% of the damage incurred. Compliance with our delivery obligation requires the timely and proper fulfillment of the customer's obligations.
Payment, set-off and retention
The statutory value added tax is not included in our prices. It will be shown separately on the invoice at the statutory rate on the day of invoicing. In the event of a delay in payment, the customer shall be charged default interest of 5% p.a. above the base rate that the Deutsche Bundesbank announces in the Federal Gazette. If we can demonstrate higher damage caused by delay, we are entitled to assert this. If, after confirmation of the order, we become aware of circumstances that justify doubts about the creditworthiness of the customer or the customer defaults on other liabilities, we are entitled to deliver these and other orders only against prepayment. The purchaser can only offset counterclaims that have been legally established, are undisputed or have been recognized by us. The purchaser has no right of retention due to contested counterclaims.
Retention of title
Delivered goods (goods subject to retention of title) remain our property until full payment of the purchase price and all existing and future claims arising from our business relationship with the customer, including our current account claims and including all current account balance claims. The purchaser is entitled to sell the reserved goods in the ordinary course of business. With the purchase of the reserved goods, he assigns to us the claims against his customers arising from their resale. The purchaser is entitled to collect this claim until revoked. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the purchaser meets his payment obligations, does not fall into arrears and, in particular, does not file for insolvency proceedings to be opened or the payment is suspended. Then, however, we can request that the customer announce the assigned claims and their debtors. In this case, we are entitled to disclose the assignment of claims to the customer of the customer. The processing of the purchased item by the customer is carried out for us. We acquire co-ownership of the new item in the ratio of the value of the purchased item to that of the items processed at the time of processing. The above security rights are given up at the request of the customer if and insofar as the security value exceeds the claim to be secured by more than 20%. Attachments or other interventions by third parties that endanger our rights must be reported to us immediately in writing. The assertion of the retention of title and the surrender claim as well as theGarnishment of the delivery item by us does not count as a withdrawal from the contract.
Information and advice, Internet
All written or oral information about the suitability and possible uses of our goods is made to the best of our knowledge. However, they only represent our experience, which are not considered to be guaranteed. The customer rather has to convince himself of the suitability of the products for the intended use. Information from our brochures, technical documents and the website are subject to errors and technical changes, which do not reduce the general utility value of the product, as well as color deviations. Specifications change without notifying customers.
The customer is obliged to immediately check the delivered goods for quantity and quality and to raise complaints immediately (§ 377 HGB). Insofar as there is a defect in the purchased item for which we are responsible, we are entitled, at our option, to make improvements or deliver new items. If we are not ready for rework or new delivery or are not in a position or if rework or new delivery fails, the customer is entitled to choose to withdraw from the contract or a corresponding reduction in the purchase price (reduction). The right of subsequent performance is not granted for insignificant defects. Unless otherwise stated below, further claims by the purchaser - regardless of the legal reasons - are excluded. We are therefore not liable for damage that has not occurred to the delivery item itself. In particular, we are not liable for loss of profit or other financial loss of the customer. The above exemption from liability does not apply if the cause of the damage is based on intent or gross negligence or if the purchaser asserts claims for non-performance due to the lack of a guaranteed property. Liability for culpably caused physical damage is not limited. We are liable insofar as there is liability for personal injury or property damage to privately used objects according to the Product Liability Act. All warranty claims are void if changes to the delivered goods have been made by third parties or the goods have been processed. Defects resulting from improper use, including the use of unsuitable accessories or unsuitable consumables, are excluded from the warranty. Warranty claims expire 12 months after delivery of the item.
Limitation of liability / limitation
Unless otherwise stipulated in the above conditions, all liability is excluded, in particular also due to fault at the conclusion of the contract, non-fulfillment or poor performance including liability for consequential or indirect damage. We are also only liable for the loss of data and programs, or their restoration, to the extent shown in Section  and only insofar as this loss is not due to the customer's taking appropriate precautionary measures, in particular making backup copies of all data and programs as well the implementation of “accuracy checks” would have been avoidable. All claims of the customer expire in 12 months. The statutory deadlines apply to willful or fraudulent behavior and claims under the Product Liability Act.
Fulfillment and jurisdiction
The place of performance and place of jurisdiction is Linz am Rhein, where permissible. Only German law applies. The CISG (United Nations Convention on Contracts for the International Sale of Goods, Convention of 11 April 1980 on the International Purchase of Goods) is excluded.
Individual agreements take precedence over these general terms and conditions insofar as they are in writing.
The non-exercise of rights by Stefan Düchting Software & Consulting GmbH does not mean that such rights are waived. The ineffectiveness of individual provisions does not affect the binding nature of these general terms and conditions.
As of February 1, 2019