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General terms and conditions of the Locatech IT solutions GmbH

hereinafter Locatech IT solutions

§ 1 – Scope

Our general terms and conditions shall apply exclusively; We will not accept entgegenstehen­de contrary or deviating from our general terms and conditions Bedingun­Gen, unless, We have expressly agreed to their gel­Tung. Our general terms and conditions shall also apply, If we erbringen­ services aware of conflicting or deviating from our general terms and conditions. They apply to all future transactions with the customer.

§ 2 – Conclusion of the contract

A contract for the use of services and services of Locatech IT solutions with the gegen­Zeichnung or through the implementation of a customer order by Locatech IT solutions is concluded. Locatech IT solutions can the conclusion of the contract the presentation of a written power of attorney or a prepayment or. Make subject to a bank guarantee.

§ 3 – Provision of services and scope of

Our services are listed in the order and include process analysis, Consulting, Project management, Software development, as well as the related services. The scope of services results from the service description in the price list or in the offer and then receiving reference information in the contract. Locatech IT Solutions reserves the right, Services to expand, to change and to make improvements. Locatech IT solutions is also entitled, the services to reduce. Insofar as Locatech IT provides solutions free services or services, can be set these at any time and without notice. A mitigation, Refund- or claim for damages does not follow from this.

Appointment requests must be confirmed by us. Are we with our services in production delay, so, the purchaser must, before he can release from the contract, in writing a reasonable (corresponding to the amount of work) Set period of grace. The period of grace begins with the receipt of the written notification. The period is extended by the time of disorders caused by force majeure or other inevitable events.

Us puts the customer, After we have already fallen in arrears, a angemes­Sene extension with threat of rejection, is he entitled to this grace period expires, to withdraw from the contract. The purchaser shall only be claims for damages for non-fulfillment in the amount of the foreseeable damage, If the delay is based on intent or gross negligence or a breach of an essential contractual obligation.

§ 4 – Software configuration and development

All copyrights are reserved. The right of use of project results can be transferred IT solutions only with the consent of Locatech to third parties. The consent can be express or implied already agreed in the contract, where the implementation of the respective project is agreed.

Due to the development of software, the customer receives only the full and exclusive use- and right of disposal for the entire result, by Locatech IT solutions conducted works, If this is expressly agreed. Passing source code will also only be performed, If this was expressly agreed.

§ 5 – Terms of payment

Unless otherwise arising from our order confirmation, NET is the fee (without deduction) immediately from the date of invoice for payment. The deduction of cash discount requires special written agreement. For projects with a duration of several months also partly finished work will be monthly charged. Granted discounts and rebates are valid only for the timely payment of the relevant invoice.

VAT is not included in our prices. She will be shown separately on the day of the invoice in the invoice at the statutory rate.

Unless otherwise agreed, payable invoices immediately after the invoice without deduction. Participation of the customer on the debit is a payment of 14 Calendar days. Delivered goods remain up to complete payment property of Locatech IT solutions.

The purchaser shall only be set-off rights, If his counterclaims are legally established, are undisputed or acknowledged by us. He is also to exercise a right of retention insofar, as his counterclaim is based on the same contractual relationship.

Claims of the customer, that it charges calculated, for it to stand up has, not been caused by himself or by third parties, so he has to prove this conclusively and legally perfectly verifiable.


§ 6 – Default of payment

Calculated in payment of the customer Locatech IT solutions pauschalisierte overdue fines amounting to EUR 20,00. Payment by the customer is Locatech IT solutions shall be entitled, appropriate measures to take, to additional costs for Locatech IT solutions or the customer to avoid. The customer is obliged in this case, the monthly fees to pay. Payment by the customer is Locatech IT solutions also entitles, from the relevant time to interest at the rate of 3% to calculate the discount rate of the Deutsche Bundesbank, unless, Locatech IT proves a higher interest load solutions.

For two consecutive months upon payment of charges if the customer or. a not insignificant part of fees in arrears, Locatech IT shall be entitled to terminate the contract without adherence to deadlines and solutions.

The assertion of further claims due to late payment remains Locatech IT solutions is reserved.

§ 7 – Confidentiality

All orders are kept strictly confidential. Our employees are obliged to confidentiality and have signed a declaration.

§ 8 – Termination

Announces an order or contract the purchaser, so, we are entitled, the compensation agreed to require. We must have but one us, We saved that as a result of termination expenses or otherwise using our workforce acquire or acquire maliciously refrain from. Relevant agreed periods of notice is the date of receipt of the letter terminating at the Locatech IT solutions GmbH, the full date sent.

§ 9 – Warranty for defects

Defects in our services are immediately to Rü­Gen. With complaints, we have the right to the rectification of defects within a reasonable grace period in any case. Fails the removal of defects, is the customer entitled at its discretion, Cancellation of the Vertra­GES (Conversion) or a corresponding reduction of the remuneration (Reduction) to request. Any further claims of the buyer – regardless what Rechts­Gründen – are excluded. We are not liable in particular for entgange­nen profit or other pecuniary loss of the customer. The customer has passed work to investigate without delay. He has obvious defects within one week to show us.

The cause of the damage based on intent or gross negligence or of Verlet­Zung of a contractual obligation, We shall be liable according to the legal provisions. Breach of an essential contractual obligation, the liability to the contract-typical damage is limited.

Any further liability for damages – regardless of the legal nature of the asserted claim – is excluded.

§ 10 – Final provision

Place of jurisdiction is Dortmund. For all disputes arising, the order, whose pursuit, Affect performance errors and mutual or unilateral obligation and compliance, German law is applicable.

Amending and supplementing this contract must be in writing. This is true in particular for the waiver of the written form requirement.

Should one or more of the aforementioned terms and conditions rechtsun­wirksam be or become, so the other terms thereof are not be­rührt.