General Terms and Conditions of Locatech IT Solutions GmbH
hereinafter referred to as Locatech IT Solutions
§ 1 – Scope
§ 2 – Formation of the contract
§ 3 – Provision and scope of services
Date requests must be confirmed by us. If we are behind schedule with our services, the customer must set a reasonable grace period (corresponding to the scope of the work) in writing before he can withdraw from the contract. The period of grace begins with the receipt of the written notification. The period is extended by the time of disruptions due to force majeure or other unavoidable events.
If the customer sets us a reasonable grace period with a threat of refusal after we have already fallen into arrears, he is entitled to withdraw from the contract after this grace period has expired without result. The customer is only entitled to claims for damages due to non-performance in the amount of the foreseeable damage if the delay is due to intent or gross negligence or to a breach of an essential contractual obligation.
§ 4 – Software configuration and development
If the development of software is owed, the customer only receives the unrestricted and exclusive right of use and disposal for the entire result of the work carried out by Locatech IT Solutions if this has been expressly agreed. Source codes are also only handed over if this has been expressly agreed.
§ 5 – Terms of payment
Statutory VAT is not included in our prices. It is shown separately on the invoice at the statutory rate on the day of invoicing.
Unless otherwise agreed, invoices are payable immediately after invoicing without deduction. If the customer participates in the direct debit procedure, a payment period of 14 calendar days applies. Delivered goods remain the property of Locatech IT Solutions until full payment.
The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
If the customer claims that the fees charged to him, for which he is responsible, were not caused by him or third parties, he must provide conclusive and legally verifiable evidence of this.
§ 6 – Default of payment
If the customer is in arrears with the payment of the fees or a not inconsiderable part of the fees for two consecutive months, Locatech IT Solutions is entitled to terminate the contractual relationship without observing a deadline.
Locatech IT Solutions reserves the right to assert further claims due to default in payment.
§ 7 – Confidentiality
Section 8 – Termination
§ 9 – Warranty for Defects
If the cause of the damage is based on intent or gross negligence or the violation of a contractual obligation, we are liable according to the statutory provisions. In the event of a breach of an essential contractual obligation, liability is limited to the damage typical of the contract.
Any further liability for damages – regardless of the legal nature of the asserted claim – is excluded.
§ 10 – Final provision
Changes and additions to this contract must be in writing. This applies in particular to the waiver of the written form requirement.
Should one or more of the aforementioned terms and conditions be or become legally ineffective, the other conditions will not be affected.