General Terms and Conditions

Scope of Application

For all deliveries and services of LAN IT 24 GmbH, the following terms and conditions apply exclusively, in addition to any specific individual agreements, without the need for an explicit notice. Deviating terms and conditions of a customer become part of the contract only if they are explicitly accepted in writing by LAN IT 24 GmbH. The execution of a customer's order does not imply acceptance of their terms and conditions.

Contract Conclusion

The contract with the customer is only concluded when LAN IT 24 GmbH has provided a written order confirmation. The order confirmation by LAN IT 24 GmbH, along with the specifications contained therein, determines the content and execution of the contract. Deliveries are made in accordance with the manufacturer's specifications in effect at the time of contract formation.

If there are doubts about the customer's ability to pay, LAN IT 24 GmbH may make the execution of deliveries and services dependent on advance payment of the contract amount or a security deposit. If the customer does not comply with LAN IT 24 GmbH's request within a reasonable period, LAN IT 24 GmbH is entitled to withdraw from the contract in whole or in part or to assert further claims.

Work Services

Work services are provided according to the agreed performance description, and LAN IT 24 GmbH is responsible for the results.

The performance description includes the execution conditions, performance characteristics, planned dates, and acceptance conditions. The customer ensures that acceptance takes place promptly after handover. Minor deviations from the agreed scope do not entitle the customer to refuse acceptance.

Services

Services are solely intended for the customer's advice and support. The exact scope is outlined in a performance description. Services do not guarantee the achievement of specific outcomes.

Delivery and Performance Dates

Delivery and performance dates are non-binding unless expressly specified as binding in the order confirmation. Time estimates are based on LAN IT 24 GmbH's anticipated capacity, subject to unforeseen circumstances and events, which may lead to a reasonable extension of delivery and performance times, including delays from manufacturers and suppliers.

In case of LAN IT 24 GmbH's delay, the customer, after a futile grace period of 4 weeks, may refuse to fulfill the contract and demand damages for willful misconduct or gross negligence, provided that LAN IT 24 GmbH explicitly threatened to reject contract fulfillment within the deadline. Claims for damages against LAN IT 24 GmbH due to simple negligence are excluded. If LAN IT 24 GmbH is not responsible for the exceeding of delivery and performance times, especially due to force majeure, LAN IT 24 GmbH may withdraw from the contract. Customer claims for damages are excluded.

Prices and Payment Terms

If no separate price is agreed upon, billing will be based on LAN IT 24 GmbH's generally established prices at the time of the order confirmation. All prices are subject to value-added tax or other statutory levies, as well as any necessary packaging, shipping, transport, and transport insurance costs.

Payments are due as agreed upon and upon invoice without any deductions. Checks are accepted for payment purposes only. The issuance of bills of exchange is excluded. Transfer and collection costs are borne by the customer. In case of payment delay, LAN IT 24 GmbH is entitled to charge default interest at a rate of 4% above the statutory default interest rate. Further claims remain reserved for LAN IT 24 GmbH. Customer counterclaims cannot be offset.Gegenforderungen von LAN IT 24 GmbH kann der Kunde nicht aufrechnen.

Transfer of Risk and Place of Performance

For the shipment of goods, the legal regulations of a sales contract apply.

The place of performance is Offenbach.

Retention of Title

Delivered goods remain the property of LAN IT 24 GmbH until all current and future claims from this contract and the further business relationship with the customer have been fulfilled. The customer is not permitted to pledge or transfer the goods in retention of title to third parties as security. However, until revoked, the customer is authorized to sell the reserved goods in the ordinary course of business. The customer assigns his claims from the resale to LAN IT 24 GmbH in advance at the time of the order, up to the respective invoice value.

In the event of connection or mixing of the reserved goods, LAN IT 24 GmbH acquires co-ownership in proportion to the invoice value of the other goods. Processing and transformation of the reserved goods are carried out for LAN IT 24 GmbH as a manufacturer in accordance with § 950 of the German Civil Code (BGB), without this obligating LAN IT 24 GmbH.

In the case of customer default of payment or other circumstances that justify doubts about their solvency, LAN IT 24 GmbH is entitled to enter the customer's premises and take possession of the reserved goods. The customer is obligated to surrender the reserved goods to LAN IT 24 GmbH without asserting any counterclaims. If the customer is a merchant, the taking possession of the reserved goods or their attachment by LAN IT 24 GmbH is not considered a withdrawal from the contract. If the value of the securities exceeds LAN IT 24 GmbH's claims by more than 20%, LAN IT 24 GmbH, at the customer's request, will release the excess part of the securities, with LAN IT 24 GmbH determining which goods and/or claims are no longer needed as collateral.

Customer Obligations

To carry out the work ordered, the customer will provide LAN IT 24 GmbH with the necessary time and opportunity and grant the necessary support. The customer is responsible for the proper use of the devices and programs included in the contract and will independently back up all programs and data before work begins and save them on external data carriers. LAN IT 24 GmbH is not liable for data loss accordingly. LAN IT 24 GmbH only assumes data backup upon explicit written agreement in the context of a performance specification.

Warranty

The parties are aware that, given the state of the art, it is impossible to guarantee the flawless functioning of data processing equipment, device combinations, and data processing programs under all conceivable conditions and to exclude errors in data processing programs. However, LAN IT 24 GmbH guarantees the basic functional capability and/or technical usability of its deliveries and services, as well as assured characteristics.

Excluded from the warranty are defects and damages due to operational wear and tear, normal wear and tear, improper use, operator errors, customer behavior, operation with the wrong type of current and/or voltage, connection to unsuitable power sources, fire, lightning, explosion, network-related overvoltages, moisture of any kind, incorrect or faulty program operation, and the use of devices without following the manufacturer's recommendations. Warranty is also excluded for devices whose serial numbers, type designations, or similar identifying marks have been removed or made illegible.

To the extent that manufacturers make warranties and guarantees beyond the statutory periods, LAN IT 24 GmbH passes these on to the customer in full. In the event of a warranty claim, LAN IT 24 GmbH reserves the right to remedy or replace the defect. If LAN IT 24 GmbH does not permanently remedy the defect within a reasonable written grace period, the customer is entitled to either withdraw from the contract or demand a reasonable reduction of the purchase price or contract fee.

Information, illustrations, and descriptions of products in brochures, other documents, and order confirmations do not constitute guaranteed characteristics within the meaning of the law, unless expressly listed as such in writing in the order confirmation.

Industrial Property Rights and Copyrights

LAN IT 24 GmbH is not liable if commercial property rights or copyrights of third parties exist in the delivered goods, especially data processing programs. The customer must inform LAN IT 24 GmbH immediately of all claims made against them for this reason. To the extent that deliveries and services were produced based on documents and information provided by the customer, the customer shall indemnify LAN IT 24 GmbH against all claims asserted by third parties for the infringement of industrial property rights and copyrights. LAN IT 24 GmbH may request a reasonable advance payment for legal defense costs.

The customer is entitled to use the programs, schematics, wiring diagrams, and other documents provided to them for the contractually intended use. This does not involve the transfer of copyright and other intellectual property rights. The customer is not allowed to exploit the reserved rights beyond the intended use, including distribution, alteration, reproduction, or transfer to third parties for remuneration. This is subject to the provisions of § 69c paragraph 3, sentence 2 of the German Copyright Act (Urheberrechtsgesetz - UrhG).

Liability

LAN IT 24 GmbH is only liable for damages that could have been foreseen at the time of contract formation based on the circumstances known at that time. Liability for indirect damages, consequential damages, or lost profits is excluded. LAN IT 24 GmbH's liability for intent or gross negligence, the absence of assured characteristics, and under the provisions of the Product Liability Act remains unaffected by this limitation of liability. However, liability is limited to the net invoice amount of the delivery and service that caused the damage.

General Provisions

Offenbach am Main is agreed upon as the place of jurisdiction.

German law applies exclusively. The application of the Vienna UN Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Law on the International Sale of Goods and the Conclusion of such Contracts is excluded.

Changes and additions to the agreement made, especially deviations from these terms and conditions, require written form to be effective.

If individual or several provisions of these General Terms and Conditions are or become ineffective or if the contract text contains a gap in regulation, the parties shall replace or supplement the ineffective or incomplete contract provision with a provision that comes closest to the intended purpose of the contract. The validity of the remaining provisions remains unaffected.