General Terms and Conditions of Business of KilletSoft

Conclusion of Contract

Placing the order means accepting the dates and delivery terms for all business agreements. They are listed in the price-list of the seller which is agreed upon by the buyer with acceptance of the commodity. Other conditions of the buyer are ineffective, even if the seller does not expressly contradict these.
To be effective, any divergences from the sales and delivery terms require the written confirmation of the seller for every single order.
In case the buyer resigns from the contract unjustified or does not accept the commodity, the seller can demand up to 50 % of the whole billing amount without providing any other proof of an actual damage or lost profit.
The buyer is directed towards the Instruction of Cancellation in case of Distant Selling, noticed it and accepted it.

Offer

The offers of the seller are not binding.
Orders of the buyer, received by the seller, as well as offers, information and arrangements of the seller become obliging with written confirmation or with execution of the order.

Price

All prices are understood without discount payment, price reduction and excluding the legal Value Added Tax. It is understood that the prices include the legal Value Added Tax when that is expressly pointed out.
In case an individual price is not agreed in writing, the price listed in the up-to-date price list is the valid price and will be calculated on delivery date.
No reimbursement can be granted for the already delivered and invoiced commodity.

Shipping

The buyer carries the shipping and monetary transmission costs. The costs are overall calculated after the terms of sale listed in the price-list and the terms of delivery.
If not otherwise agreed, the export occurs on risk of the buyer. Only at explicit wish of the buyer, transport insurance will be concluded, and the buyer has to carry the costs.
The buyer has to report transportation damages immediately at receipt to the delivery company and to obtain their confirmation. Substitute delivery for commodity damaged during transport occurs only through billing.
When commodities valued less then 50.00 Euro net are shipped, the buyer is obliged to pay an additional minimum amount flat rate of 5.00 Euro net.

Delivery

The term of delivery starts with the day on which the seller and customer agree in writing about the order.
Should the seller not be able to keep the agreed term of delivery, the buyer remains nevertheless obliged to take the product until an additional term of delivery, put by the buyer in writing, of a minimum of two weeks has run. In case the extension of term of delivery is missed, the buyer is entitled to resignation of the contract.
Partly deliveries are allowed. For each partial delivery separate shipping costs are to pay.

Notification of defects

Within eight days after the delivery, the buyer has to report recognizable defects in writing. At the end of this term, notification of recognizable defects is no longer possible.
Notification of defects is no more permitted if the product is no longer with the buyer.
Defects which originate from wrong service, wrong storage, extraordinary demand, nonobservance of the operating instructions and service instructions or from interventions of third party do not fall under the guarantee.
In case the product is a computer program, the calculations and data contained therein do not raise the claim of correctness, completeness and exactness in every conceivable case. These complains do not fall under the guarantee.
In case the product is a database table, deviations of the data contents from the reality may occur to a small extent. Deviations of up to 2% of the data volume in a database table do not fall under the guarantee.
For database tables with foreign (not German) content, depending on the country's infrastructure raw data of different quality are available. Deviations of up to 10% of the data volume such database tables do not fall under the guarantee.
The function of computer programs and databases is only guaranteed on personal computers that are compatible with IBM.
Notification of defects don't relieve from obligation of payment.

Payment

The invoice of the seller is to be paid two weeks after the billing date without deductions.
Payment terms that diverge must be agreed upon in every case in writing before the commodity is shipped.
The buyer can only object against the price demand of the seller if the counterclaim is ascertain indisputable or legally. The buyer is only entitled to a retention right of claims resulting from the same contract.
The entire remaining debt becomes due in case of default of payment.
Should the buyer be late in his payment, the seller is entitled - regardless of other rights - to demand late fees of legally regulated amounts, and to charge each reminder of payment at the rate of legally regulated amounts.

Retention of title

The property of the delivered commodity remains with the seller until completely payment of the buyer. The connection of the delivered commodity with other matters occurs up to full payment only for the purpose of passing use.
The buyer has to inform the seller immediately during the duration of the retention of title about forfeits, damages and destruction of the delivered commodity and has to carry the costs of activities of the seller to save his claims of property rights.
The exercise of retention of title means no cancellation. The buyer has only a credit claim from the proceed of utilization of the purchased commodity.
Should the buyer acquire the product for the purpose of resale, the purchase price replaces the commodity. Demands of the buyer against his customers count as passed to the seller upon the entire payment of the purchase price.
In case of default of payment, the buyer's right of the commodity is canceled.

Guarantee

Under the condition that timely notification of defects has occurred, the seller performs guarantee exclusively by touch ups and substitute delivery. The touch ups or substitute delivery have missed if after triple touch ups or after triple substitute delivery the same problem is not removed.
In case of failure of touch ups or substitute delivery decrease or change is allowed.
Claims for damages of every kind against the seller are excluded, unless the damage has originated on account of deliberate or recklessly careless behavior of the seller.
The buyer has to carry the costs of the shipment of the commodity for the realization of the touch ups and its return.

License

In case the commodity should be software, the buyer acquires no property right of the commodity but a right of use, which is regulated in a separate software license.
The software license counts also without written confirmation as approved, as soon as the software is used of the fist time.
The software license counts also without written confirmation as approved if the software or the unlock parameters of the software have been unsealed.

Disclaimer

There is no claim that data included within the software, or the results of calculations performed with the software, or other guaranteed characteristics of the software, will be complete, accurate and correct under any circumstances and in any possible cases. Under no circumstances can damage or subsequent demage, or loss or lost profits, caused by the use of the software, or the inability to use the software, or incorrect, incomplete or inaccurate results of calculations performed with the software, result in a liability.

Place of fulfillment and legal venue

Place of fulfillment for all mutual claims from the contract is the seat of the seller.
Legal venue for all disputes between buyer and seller, also about the realization of the contract, is the seat of the seller.

Universal

The contact stands exclusively under German law.
In case single regulations from the preceding conditions should be or should become all or in part ineffective, it leaves the effectiveness of the remaining conditions untouched.

General Terms and Conditions of Business - Version from March 2017