1. Scope
a) Science-IT Consulting GmbH provides its services, benefits and deliveries exclusively on the basis of these terms and conditions, unless otherwise stipulated in individual contracts. The conditions are considered accepted at the latest when the order is placed and also apply to all future business relationships, even if they are not expressly agreed and presented again. The customer's own terms and conditions do not apply unless these are expressly acknowledged in writing by Science-IT Consulting GmbH. b) All declarations in connection with the contract must be in writing. Employees of Science-IT Consulting GmbH are not authorized to make verbal additional agreements that go beyond the content of the respective contract including these conditions. c) Science-IT Consulting GmbH is entitled to change or supplement these “General Terms and Conditions” at any time with appropriate notice. If the customer does not object within two weeks of receipt of the change notification, it will take effect as announced. If the customer objects in a timely manner, Science-IT Consulting GmbH is entitled to terminate the contract at the time at which the changed conditions are to come into force.
2. Conclusion of the contract
a) The contract is concluded unless Science-IT Consulting GmbH immediately rejects the contract entered into. b) If the services of third parties are necessary to provide the service, they will not become contractual partners of the customer. Furthermore, there is no contractual relationship between the customers of Science-IT Consulting GmbH based solely on the shared use of the services.
3. Scope of services
a) The scope results from the respective contract according to the service description or from the service individually defined and agreed with the customer. Acceptance of the service takes place with the customer's signature on the handover form. b) Science-IT Consulting GmbH reserves the right to change, expand and make improvements to services in consultation with the customer. c) Software solutions, scripts, designs, layouts, systems and comparable products remain the property of Science-IT Consulting GmbH even if they are developed on behalf of the customer, unless purchase and transfer to the customer has been explicitly agreed. d) If Science-IT Consulting GmbH provides a service free of charge, this can be discontinued at any time without prior notice without the customer resulting in any claims.
4. Delivery and place of fulfillment
a) The place of fulfillment for obligations relating to Science-IT Consulting GmbH is the headquarters of Science-IT Consulting GmbH. If Science-IT Consulting GmbH delivers or ships services or goods, delivery takes place at the risk and expense of the contractual partner. Delivery times are approximate and non-binding. b) Partial deliveries are permitted and cannot be rejected by the contractual partner if a remaining delivery is still made or the partial delivery is not without interest for the contractual partner. If Science-IT Consulting GmbH defaults on delivery, the contractual partner must set a reasonable grace period of at least 4 weeks before he can exercise his rights in accordance with Section 326 of the German Civil Code (BGB).
5. Payment terms
a) Services provided or products delivered by Science-IT Consulting GmbH are payable without deductions no later than 10 days from the invoice date. Deviating agreements must be in writing. b) If a contractual partner is in default of payment, Science-IT Consulting GmbH is entitled to charge default interest of 5% above the discount rate of the German Bundesbank.
6. Warranty and notice of defects
a) The statutory provisions apply to complaints of defects by merchants. Otherwise, obvious defects must be reported to Science-IT Consulting GmbH in writing within 14 days. Otherwise, no warranty claims can be made. b) Science-IT Consulting GmbH provides a guarantee by repairing the defect in whole or in part free of charge or providing a free replacement delivery at its discretion. If two attempts at repair or subsequent delivery fail, the contractual partner is entitled, at his discretion, to demand a reduction or cancellation. c) Alternatively, Science-IT Consulting GmbH can request that the defective service/product be sent to Science-IT Consulting GmbH for repair or that the customer have the defective product/service available for repair. d) The warranty obligation expires if work, repairs or interventions are carried out by the customer without the written consent of Science-IT Consulting GmbH.
7. Retention of ownership
The services, products or goods delivered remain the property of Science-IT Consulting GmbH as reserved goods until the purchase price has been paid in full and all claims arising from the business relationship have been settled.
8. Liability clause
a) Science-IT Consulting GmbH is only liable for damage caused by it or a vicarious agent through gross negligence or intent, unless it concerns guaranteed properties. b) Furthermore, Science-IT Consulting GmbH is not liable for consequential damages, particularly from the point of view of positive breach of contract, unless the damage falls within the scope of assurance of a guaranteed property. Science-IT Consulting GmbH is not liable for damage that is not foreseeable or for which the customer is responsible. The liability of Science-IT Consulting GmbH under the Product Liability Act remains unaffected by this.
9. Data protection
Note according to § 33 BDSG: Science-IT Consulting GmbH stores necessary data to ensure smooth business operations. The personal data transmitted to Science-IT Consulting GmbH will be treated as strictly confidential.
10. Place of jurisdiction
The place of jurisdiction for all contracts concluded with Science-IT Consulting GmbH is 63450 Hanau.
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