All offers, deliveries and services büll informatik gesmbh
provides to customers shall be supplied exclusively on the basis
of the following Terms and Conditions, as amended at the time
of the making of the contract.
Customers are either consumers in the sense of the Austrian Consumer
Protection Act or entrepreneurs as defined under the Austrian
Deviating, conflicting or complementing terms and conditions of
the customer shall not become a part of the contract, unless their
validity is explicitly agreed to in writing.
The terms of the contract shall furthermore include all product-specific
regulations which are finally laid down in our specification of
services, price lists or offers.
2. Conclusion of contract:
Our offers are not binding and subject to change. We reserve
the right to make reasonable technical changes serving the performance
of the contract.
The submission of a written or electronic order by the customer
constitutes a binding offer to enter into a contract.
We are entitled to accept the offer of contract included in the
order within two weeks following its receipt.
In the event that an order is submitted electronically, büll
informatik gesmbh will save the text of the contract and e-mail
it to the customer together with the effectively incorporated
Terms and Conditions after conclusion of the contract.
3. Delivery and passing of risk:
büll informatik gesmbh delivers software either physically
on data carriers or electronically per e-mail or makes it available
for download on its website. büll informatik gesmbh is entitled
to refuse delivery to anonymised e-mail addresses, the identity
of which cannot be reliably established through the owner of the
The risk of accidental loss and accidental deterioration of the
goods shall pass to the customer upon physical delivery of the
goods, or, in the event of sale to destination according to buyer’s
instructions, upon delivery of the goods to the persons or institutions
responsible for their dispatch.
In the event of sale by download or transfer of data by e-mail,
the risk of data loss and modification shall pass to the customer
at the time the data cross the network interface.
4. Prices and terms of payment:
The prices contained in our offers are current prices and shall
be valid until revoked. Prices are including the applicable statutory
VAT, but excluding shipping charges. Delivery by remote means
of communication shall not give rise to any additional expenses
for the customer.
Customers shall make their payments in accordance with the provisions
of the relevant offer by cash on delivery, bank transfer or credit
Payment of the deliveries and services provided by büll informatik
gesmbh shall be made within 14 days after their receipt.
In the event of default, a consumer shall pay default interest
at 5% above the base rate.
The default interest to be paid on the debt by entrepreneurs shall
amount to 8% above the base rate.
The customer undertakes to bear all costs and expenses related
to the recovery of the debt, including particularly collection
expenses or other expenses required for appropriate litigation.
The customer shall only be entitled to set off its debt against
claims in the event of our insolvency or against counterclaims,
which are legally connected with its obligation, which were established
by court or have been acknowledged by us.
Entrepreneurs shall not be entitled to retain payments.
In the event that the customer fails to comply with the relevant
payment deadlines, all software user rights granted to the customer
and any agreed entitlement to hotline support shall be suspended
until all claims arising from the contract are satisfied.
5. Reservation of title:
büll informatik gesmbh reserves the title to the goods
delivered until full payment of the purchase price.
The customer has to inform us without delay in writing about any
third-party access to the goods, particularly about any measures
of execution, damage to or destruction of the goods.
In the event of a breach of contract by the customer, particularly
if the customer defaults in payment, we shall be entitled to withdraw
from the contract and demand the return of the goods.
büll informatik gesmbh warrants that all deliveries and
services are in keeping with the agreed purpose of the contract
and have the usually required qualities.
As software is generally deemed as never being totally free of
error, we do not warrant such absolute freedom of error. Standard
software products are considered as usable, if they meet the requirements
of the average user.
Consumers may basically choose, whether they want to have a defective
product repaired or replaced. We are entitled to refuse the chosen
remedy, if such remedy is either impossible to perform or if it
involves disproportionate expenses on our part, compared to other
Defects reported by entrepreneurs shall first be remedied at our
option by repair or replacement.
In the event that a repair is not possible or suitable, the customer
may generally demand, at its option, a reduction in price or,
provided that it is not a minor defect, the cancellation of the
Entrepreneurs are obliged to inspect deliveries and services within
the period specifically laid down in the offer for the relevant
product and to provide detailed written notification of the defects,
since otherwise the enforcement of warranty claims shall be excluded.
Timely dispatch of such notification shall suffice to comply with
The warranty period for consumers is two years after the date
the service was completed. The warranty period for entrepreneurs
is one year.
Without prejudice to manufacturers’ guarantees, büll
informatik gesmbh shall not give any guarantees in the legal sense.
7. Limitation on and release from liability:
Outside the scope of the Austrian Product Liability Act, our
liability shall be limited to intent and gross negligence.
Liability for slight negligence, compensation for consequential
damage and pecuniary loss, unrealised savings, interest loss and
damage from third-party claims against the customer shall be excluded.
The aforementioned liability limitations shall not apply to personal
injuries which can be causally attributed to us.
The amount of the damage claims arising from our deliveries and
services shall be limited to the relevant purchase price or the
remuneration for our services.
We shall only assume liability for our own website contents. To
the extent that our website contains links which provide access
to other websites, we shall not be liable for the third-party
contents posted on these sites.
8. Industrial property rights:
All programmes, manuals, Internet pages or other documents made
available by büll informatik gesmbh are protected by copyright.
The delivery of software is made in accordance with the terms
set out in the software documentation (licence agreement). All
current and future copyrights or industrial property rights applying
to the programmes sold or licensed by büll informatik gesmbh
and to all programmes or programme parts derived therefrom or
documents prepared in this context shall remain with büll
When using software products, the customer undertakes to comply
with the scope of the rights granted by büll informatik gesmbh
or third parties and not to bypass any limitations to the use
of such software (e.g. copy protection). It is known to the customer
that non-compliance with limitations on use and the bypassing
of protection mechanisms constitutes an infringement of intangible
The customer shall be liable to büll informatik gesmbh for
any damage arising from the infringement of the aforementioned
obligation. For each case of infringement, büll informatik
gesmbh may enforce a contractual penalty in the amount of three
times the purchase price of the whole programme in question, without
having to prove in detail the existence of any specific damage
and notwithstanding any further damage claims.
9. Final provisions:
These General Terms and Conditions shall be governed by Austrian
All disputes directly or indirectly arising from the contract
shall be settled by the competent court having local jurisdiction.
Disputes with consumers shall be subject to Section 14 of the
Austrian Consumer Protection Act.
If individual provisions of the contract with the customer including
these General Terms and Conditions are or become ineffective in
whole or in part, this fact shall have no effect on the validity
of the remaining provisions.
The provision found to be ineffective in whole or in part shall
be replaced by a provision whose economic success comes as close
as possible to that of the invalid provision.
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