General Business Conditions
General Business Conditions
General - Applicable area
The following conditions apply between the Atroplan GmbH Goettingen, Germany and the client who orders a data rescue of Microsoft © Access © database files, as far as nothing else has been agreed upon in writing. Our general business conditions are the only ones applicable. We do not accept any other conditions, unless we have agreed to something different in writing. Our general business conditions even apply when we accept the order of the client, knowing he or she has different conditions.
The subject of the contract is the rescue of data of Microsoft © Access © database files. The rescue takes place according to the principles of normal practice of the profession by us during the period we agree on with the client.
3. Failure of delivery
The client cannot require a compensation in the case of nonperformance or failure to deliver because of default. However, the contractor commits himself to indicate the nonperformance or the failure to deliver as soon as possible. In case of nonperformance the client don't has to pay any fee.
4. Special obligations of the Atroplan GmbH
We commit ourselves to treat all information about operating and professional secrets of the client, which we attained during our work, confidentially. We also require of assigned coworkers that they comply in writing with this policy. If we attain knowledge of offences against penal laws through our work, then we are relieved of our obligation to professional secrecy.
5. Liability and compensation
If within the course of the contract a liability occurs (in particular due to an offence against obligations to cooperate or a violation of contract), the following condition apply:
A) We are responsible for any damage due to extreme negligence and deliberate action - regardless of legal consideration up to a maximum of a one time sum up to the pre-arranged price and an overall sum of 25.000 Euro of compensation. Any and all further liability is excluded.
B) We are not liable for insignificant breaches of contract.
In all cases the period of limitation of requirements is shortened to two years.
Before the use of the rescued data the customer is obligated to check these for correctness. Any liability for the use of the resucued data is excluded.
6. Acts of God
Acts of God which significantly impede or make impossible our obligations entitle us to postpone the fulfillment of our obligations for the duration of the difficulties and extend the deadline to an appropriate date. Equally regarded as Acts of God are strikes, lockouts and similar conditions which directly or indirectly affect us.
7. Acceptance of the performance
The performance of a work contract can be regarded by the client as an action implying intention with a record of acceptance. The guarantee period amounts is for 6 months. We do not accept any extensions of the guarantee period according to the client's business conditions.
In so far as copyright occurs in the course of our work, these remain with the Atroplan GmbH.
9. Prices - terms of payment
Payments are due ten days after you have received billing. Discount payment or other deductions are not accepted. Ten days after the recipt of billing the account is in arrears, even if you have not been reminded. We are entitled to rights of lien and off set rights to the extend of law. We have the right to sell the claims of this contract to third parties.
The Atroplan GmbH is allowed to insist on advance payment.
10. Choice-of-law clause and venue of jurisdiction
Our entire business relations are subject exclusively to the jurisdiction of the Federal Republic of Germany. If this right defers to foreign laws, they are inapplicable. Venue of jurisdiction for both parties is the registered place of business of the Atroplan GmbH. If one of the conditions above is invalid in part or in toto, this does not have any affect on the remaining conditions. The parties commit themselves to replace the ineffective regulations with economically equivalent ones.
Any changes or additions to the contract must be made in writing and must be expressly characterized as such.
Date: 30th Mai 2002