The following General Terms and Conditions apply to all business relationships with our customers, including all future business relationships. Differing conditions from our customers are not accepted without our express objection.
Prices are exclusive of the respective applicable statutory value-added tax.
(1) Agreed delivery dates will be extended appropriately if the customer subsequently makes changes to the order or if delivery is delayed by them, likewise in case of force majeure, labor disputes or operational disruptions that we are not responsible for, regardless of whether they occur in our company or at our suppliers. Fixed delivery dates are only accepted by us if we have designated them as such and expressly confirmed them in writing. (2) If a delivery period is exceeded due to our fault, default only occurs upon written notice from the customer. In case of default, the customer is entitled to set an appropriate grace period in writing and then either withdraw from the contract or claim damages.
(1) Enpageo information is based largely on official data, our own surveys or surveys by third parties as well as calculations derived from this data. Its validity is therefore limited to the range of usual statistical tolerance. (2) The customer acknowledges that the data and software products are complex and that the warranty obligation of Enpageo stated in this paragraph does not contain a permissible tolerance for errors. Enpageo does not guarantee that the software and data products will meet the needs or expectations of end users. Since software products cannot be error-free due to their complexity and the software and data products are based on products from third parties whose error-free operation cannot be guaranteed. (3) The customer must notify us of complaints regarding incomplete or defective delivery of obvious defects within fourteen days of delivery. If the customer is a merchant, defects that can be determined by reasonable inspection must be reported in writing within ten days of delivery, hidden defects after their discovery. (4) If the timely complaint is found to be justified, we have the right, at our discretion, to repair the defect or provide replacement. If two repair attempts fail or the replacement is again defective or the repair is not carried out within an appropriate period, the buyer may request a reduction in compensation or withdrawal from the contract. The liability for guaranteed properties remains unaffected. (5) Any damages claim by the customer, regardless of legal grounds, in particular for delay, impossibility, breach of duty in contract conclusion, positive breach of contract and tort, is excluded for cases of minor negligence with the exception of breach of material contractual obligations (cardinal obligations). In case of slightly negligent breach of cardinal obligations, the fulfillment of which is indispensable for achieving the contract purpose, we are liable for personal injury without limitation, for material and pecuniary damages only for those with which it was reasonable to expect at the time of conclusion of the contract. In business dealings with merchants, the aforementioned liability limitations also apply in case of gross negligence. (6) Liability for consequential damages arising from breach of contract is excluded if neither intent nor gross negligence is present.
(1) All programs supplied by us are protected by copyright under Sections 69 a et seq. UrhG and the data supplied by us are protected by special copyright under Sections 87 a et seq. UrhG; they may therefore only be used to the extent agreed with the customer. (2) The reproduction of programs and data supplied by us requires our express prior consent. Likewise, transmission in telecommunication networks to other computers. Preparation of a necessary backup copy is permitted. (3) For any breach of the copying prohibition due to our fault, the customer must pay us a contractual penalty of EUR 300,000.00. The assertion of any damages exceeding this amount is reserved.
(1) Unless otherwise agreed, our invoices are due for payment within 14 days of the invoice date without deduction. If the customer is in default, we are entitled to charge interest of 6% above the respective valid discount rate of the Deutsche Bank. (2) If we subsequently become aware that the customer has concealed unfavorable circumstances not apparent to us at the time of order placement, which do not exclude their inability to fulfill the contract, we are entitled to withdraw from the contract without notice and to claim payment for services already rendered. (3) The customer may only demand set-off with counterclaims or withholding of payments if their claim is undisputed or legally established.
The assignment of rights arising from the business relationship or claims against us to third parties requires our prior written consent for its validity.
Exclusively German law applies to all legal relationships with us. International commercial law does not apply.
Berlin is agreed upon as the place of jurisdiction.