Ingenieurbüro FRANKE · General Business Terms
General Business Terms
Version: January 1, 1999
All services and deliveries of the Ingenieurbüro FRANKE are subject
to this terms and conditions, unless other provisions are made in writing.
1. Delivery of Service
The Ingenieurbüro FRANKE provides its services Monday to Friday between 9 am and 5 pm.
Partial working hours will be charged as full working hours.
Travelling time is considered as working time.
Services performed outside this time range or performed on a holiday are subject to the
following extra charges:
Saturday, Sunday, Holiday
| 25%
|
5 pm to 10 pm
| 25%
|
10 pm to 3 am
| 50%
|
3 am to 9 am
| 75%
|
Short advises or hints made by phone are subject to phone support.
This phone support is
charged with a flat rate per month, if used. A service by phone may not be covered by
this phone support,
if the Ingenieurbüro FRANKE explicitly points this out before.
2. Prices and Payment Terms
The services and travelling costs will be charged according to the current price list.
Larger software projects or pre-made software packages may be subject to an additional license fee,
monthly license fees, or both for the non-exclusive right to use the software.
If a service work takes longer than 3 months, or the total charges for an order exceed DM 10,000.00,
the following advance payments of the expected total charges are due: 50% at issue of order, 40%
at announcement of delivery or begin of installation. The remaining charges are due at the end of
the service work or completion of delivery.
All prices and fees are charged with additional taxeslike VAT or sales taxif applicable.
Invoices are due to immediate payment without deductions. Accounts that are overdue for more than 14 days
are charged with a rate of 5 points more than the prevailing key interest rate of the European Central Bank.
Bills of exchange are not accepted for payment.
If facts are known to apprehend that the customer may not be able to meet the payment obligations
or the account is considerable overdue, the Ingenieurbüro FRANKE may request advance payments.
Counterclaims not recognized by the Ingenieurbüro FRANKE do not allow the customer the right
to delay payments or to offset counterclaims against other payments.
3. Warranty and Liability
The Ingenieurbüro FRANKE warrants free repair of defects that considerably limit or prevent the intended
use of delivered software and are reported within 6 months after delivery of the software.
The Ingenieurbüro FRANKE is liable only in case of at least gross negligent fault. The liability
is restricted to the free repair of the defect. Liability for any resulting damages or losses is excluded.
4. License Grant
The Ingenieurbüro FRANKE grants a non-exclusive license to use the developed, adapted, or other
delivered software or software parts for the intended purpose. In case of a monthly license fee the license
ends as agreed or after payments of the monthly license fee were ceased.
Except copying the software for the intended use or for backup, copying, redistribution, or re-enginering is
strictly prohibited.
5. Terms
This Terms are governed by the laws of the Bundesrepublik Deutschland.
In the event of individual clauses of this contract being invalid, its remaining parts shall continue
to be binding.
6. Place of Performance and Jurisdiction
The place of performance for delivery and payment is Nürnberg, Germany.
The place of jurisdictions of disputes between the Ingenieurbüro FRANKE and the customer as well
as suits over checks and bills of exchange is Nürnberg, Germany.
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e-mail: postmaster@icfs.de
Last Revision: September 22, 2001
Copyright © 1999-2001, Ingenieurbüro FRANKE.
All Rights Reserved.