Technische Informationssysteme Gmbh (TIG) General Terms and ...

tig

Technische Informationssysteme Gmbh (TIG) General Terms and ...

Technische Informationssysteme GmbH (TIG)

General Terms and Conditions regarding Sales and Delivery of Software, Consulting

and Programming Services

1. All contracts and agreements shall only legally binding if consented to in writing by TIG. Additional or subsidiary

agreements must be in written form. Any changes or amendments to contracts shall only be binding if accepted

by TIG in writing. TIG will not acknowledge any Terms and Conditions of the the customer, neither for this legal

transaction nor for the entire business relationship. Offers are subject to change without notice.

2. All prices are in Euro, exclusive of VAT and fees. They only apply to this contract. Travel expenses, per diem, and

overnight accommodation costs shall be invoiced separately according to the respective valid rates.

3. Invoices from TIG are to be paid without any deductions and exempt of charges within 14 days from receipt of

invoice. In case of payment delays TIG is entitled to charge default interest at the legal rate. In the case of

financial difficulties of the customer TIG can change payment terms or cancel the contract or parts of it.

The customer can only offset against claims of TIG or make a right of retention if his counterclaim is undisputed

or recognized by declaratory judgment. The customer may transfer his rights and obligations under this

Agreement only with the written consent of TIG.

4. The warranty period begins on the day after installation and shall be twelve months. Notifications of defects shall

only be valid if the defects are reproducible and reported in writing within four weeks after delivery. In the case

of warranty, correction takes precedence over price reduction or redhibition. Legitimate defects shall be corrected

within a reasonable period. In doing so the customer shall enable TIG to take such measures as deemed

necessary to analyze and correct the defect. The delivery of third party products such as hardware, operating

system components, OPC server, machine interfaces etc. are subject to the license, liability and indemnity

provisions of the respective manufacturer.

The statutory presumption of defectiveness as laid down in § 924 ABGB (Austrian Civil Code) shall be excluded.

TIG ensures that the software supplied is consistent with specifications outlined in the documentation and has

been prepared with due care and skill. Nevertheless, given the current state of technology, development of errorfree

software is not possible. TIG will correct software errors which significantly limit or revoke intended use of

the software, at the option of TIG and depending on the importance of the error, either by providing an improved

software version or instructions how to avoid effects of the errors.

TIG shall not be held liable for any defects or malfunctions resulting from improper use, changed operating

system components, interfaces (in particular hardware- and ERP-interfaces), parameters and deviations from

installation requirements. Should defects or malfunctions result from aforementioned reasons and not from the

delivered software itself TIG is entitled to compensation regarding the costs of troubleshooting and correction of

defects.

5. TIG recommends providing a representative test environment. New software releases or updates are to be tested

by the customer in this test environment prior to release on production systems.

6. Until full payment of the purchase price delivered goods remain the property of TIG. Pledge or collateral

assignment of such goods is prohibited. TIG reserves the right to provide software with an expiration date to

prevent unauthorized use, e.g. for non-payment.

7. TIG shall be liable in accordance with legal provisions insofar as willful intent or gross negligence can be proven.

Liability for indirect and/or consequential damages is excluded.

8. Copyrights and rights of usage are stipulated by contract. Unless provided for differently in the contract, the

following shall apply:

Any delivered product or service rendered is copyrighted work of TIG or its licensors. On payment the customer

obtains the right to use the software for his own purposes only and to the extent agreed upon in the license

agreement. A transfer to third parties without prior written consent of TIG releases TIG from the obligation to

provide any further contractual services. Furthermore, in this event the customer shall be obligated to pay

liquidated damages in the amount of ten times the price of the product’s license.

9. The parties commit themselves to mutual loyalty. They shall refrain from poaching and employing – neither

directly nor indirectly – the other parties’ employees during the business relation and within twelve months after

the termination of the contract. The party in violation of this clause shall be obligated to pay liquidated damages

equal to one year's salary of the employee.

SADASDF[Text eingeben] [Text eingeben] [Text eingeben]

TECHNISCHE INFORMATIONSSYSTEME GMBH

6830 Rankweil, Austria T+43/5522/41693-0 office@tig.at

Lehenweg 2 F+43/5522/41693-15 www.tig.at V01:12-2010


Technische Informationssysteme GmbH (TIG)

General Terms and Conditions regarding Sales and Delivery of Software, Consulting

and Programming Services

10. The parties agree to respect the confidentiality of information that is mutually obtained during the business

relation. This commitment applies to the extent and until such information or documents, without the assistance

of the party pledged to secrecy, are shown to be generally known or having been made available by third parties

without confidentiality obligation.

11. Austrian law shall govern this agreement, the United Nations Convention on the International Sale of Goods

(CISG) and the Austrian conflict-of-laws rules shall be excluded. Jurisdiction for all eventual disputes arising from

this contract shall rest with the competent court for such matters in the city in which TIG’s place of business is

located. Unless otherwise agreed this choice-of-forum agreement shall also apply to subsequent contracts and

bind the legal successors of the parties.

SADASDF[Text eingeben] [Text eingeben] [Text eingeben]

TECHNISCHE INFORMATIONSSYSTEME GMBH

6830 Rankweil, Austria T+43/5522/41693-0 office@tig.at

Lehenweg 2 F+43/5522/41693-15 www.tig.at V01:12-2010

More magazines by this user
Similar magazines