Terms and Conditions
General Sales, Delivery, and Payment Conditions of Kurt Seidl Software Handelsges.m.b.H.
hereinafter briefly referred to as Seidl Software GmbH
These following terms and conditions apply exclusively to all offers, orders, deliveries, and services of Seidl Software GmbH. Agreements deviating from these conditions are only effective if they are made in writing.
Conclusion of the contract
Offers from Seidl Software GmbH are always subject to change and non-binding. A contract is only concluded with the written order confirmation of Seidl Software GmbH or with the start of delivery by Seidl Software GmbH.
3.1. If the delivery is delayed beyond the time promised by Seidl Software GmbH, rights can only be claimed after the expiration of a deadline set by the customer of at least two weeks, unless the customer can prove that his interest has completely disappeared due to the deadline. If Seidl Software GmbH is delayed in delivery or if delivery becomes impossible for Seidl Software GmbH, indirect damage compensation is excluded, provided that there is not a grossly negligent or intentional violation of the contract by Seidl Software GmbH. Partial deliveries are permissible.
3.2. If Seidl Software GmbH cannot fulfill the contract on time or at all due to force majeure (in particular in the event of a strike, lockout, material failure, transport or operational lock), it can withdraw from the contract without any obligation to pay damages.
4.1. The prices of Seidl Software GmbH apply ex warehouse Vienna. Unless otherwise agreed, payments must also be made for partial deliveries. The payment conditions shown on the invoice apply.
Retention of title
The goods remain the property of Seidl Software GmbH until the purchase price has been paid in full.
6.1. Seidl Software GmbH expressly points out that, according to the state of the art, it is not possible to develop computer programs in such a way that they work flawlessly under all conceivable conditions. The subject of any warranty by Seidl Software GmbH is software that is basically usable in the sense of the program description.
6.2. Seidl Software GmbH does not guarantee that the program functions will meet the customer’s requirements or are suitable for a particular project.
6.3. Unless expressly guaranteed in writing, Seidl Software GmbH does not guarantee the compatibility of the delivered software with any other programs or hardware components.
6.4. In addition to the conditions listed here, the license conditions included with the respective program packages apply.
6.5. By opening the packaging, the license conditions in the sense of 6.4. are recognized. A subsequent return or exchange for another product is not possible.
7.1. Seidl Software GmbH is entitled to process, store and evaluate the data received in connection with this business relationship in the sense of the Federal Data Protection Act.
7.2. The place of jurisdiction is Vienna.
7.3. The legal relationship between Seidl Software GmbH and the customer is subject exclusively to the law of the Republic of Austria. If a contractual provision is or becomes wholly or partially ineffective, the remaining provisions remain effective. In this case, what comes closest to the recognizable intended contractual purpose applies in place of the ineffective provisions.