[Translate to English:] Allgemeine Zahlungs- und Lieferbedingungen der aktivKONZEPTE AG
1 Validity of the conditions, reference to further conditions aktivSERVICE contract
1. All deliveries, services and offers of aktivKONZEPTE are made exclusively on the basis of the following terms and conditions. Business confirmations of the purchaser, the purchaser or another contractual partner (hereinafter referred to as the contractual partner) with reference to his terms and conditions are hereby rejected. Deviations from these terms and conditions are only effective if aktivKONZEPTE expressly confirms them in writing. These terms and conditions also apply to all future business relations, even if the terms and conditions are not separately agreed again.
2. When placing an order or accepting an offer, the contractual partner accepts our general terms and conditions as solely binding, waiving any subsequent revocation.
3. These terms and conditions shall be binding at the latest upon acceptance of our deliveries and services.
Deviating conditions of the buyer only apply if they are expressly confirmed by us in writing. This also applies to deviating agreements.
5. Changes of these terms of payment and delivery - with the exception of charges and service contents - may be made at any time, as far as this becomes necessary due to changed circumstances (e.g. change of law or jurisdiction) and is not unreasonable for the buyer. We shall notify the purchaser of any changes in writing, provided this does not entail unreasonable expense. The buyer is entitled to object to the changes within 14 days, otherwise the changes are considered accepted.
If the buyer orders software products (aktivSYSTEM or gym80-Software), he undertakes to conclude a service contract with further conditions, rights and obligations at the same time. Reference is made to the service contract in the corresponding offers or order confirmations and can be downloaded from our website www.aktivKONZEPTE.de under the link "Downloads" and saved and printed as a PDF file.
2 Offers, orders, self-deliveries, deviations
1. Our offers are always subject to change and non-binding, unless we have made a binding offer in writing in individual cases.
2. Declarations of acceptance and all orders require our written confirmation to be legally valid.
3. We can accept orders from the buyer within a period of four weeks after receiving of the order. Sending the acceptance declaration within the above-mentioned period is sufficient to meet the deadline.
4. We conclude our contracts with the contractual partner exclusively under the reservation of the correct and punctual self-supply by our suppliers. This only applies if and to the extent that we are not responsible for the non-delivery, particularly if a congruent covering transaction is concluded with our suppliers. The contractual partner will be informed immediately about the unavailability of the service. Any consideration already rendered by the contractual partner will be reimbursed by us.
The customary deviations in quality and colour are permissible for the goods to be delivered and do not constitute a material defect, unless the deviations contradict an assurance or guarantee.
Orders for which no fixed prices have been expressly agreed are charged at our list price (valid on the day of order confirmation plus VAT)and are understood to be from stock without packaging and shipping costs.
Quotation or list prices are non-binding until written order confirmation and do not include - unless expressly agreed otherwise - value-added tax.
If, in the case of orders with a delivery period of more than 4 months or a delay in delivery of more than 4 months for which we are not responsible, the production costs on which the order confirmation is based (material costs, wages, energy costs, levies, etc.) including the respective cost-specific ancillary costs change through no fault of ours up to the delivery date, we are entitled to adjust our prices accordingly. This does not apply if the contractual partner, for his part, has effectively committed himself to a consumer in consideration of the object of purchase without restriction.
4 Terms of Payment, Default, Right of Retention
Our invoices are due immediately and payable without deduction on the 14th calendar day after the invoice date. The deduction of discounts requires a special written agreement. If the contractual partner does not pay in time, we shall be entitled to charge default interest at the rate charged by the commercial bank for our current account credits, but at least 8 percent interest on arrears.