1. General
1.1 The following Terms and Conditions shall apply to all agreements concluded between the contracting parties, specifically to all supplies and services based on service, sales, rental, software licence and other agreements including agreements arising from future business transactions and continuing obligations (hereinafter referred to as “Item”) and to all offers. The Terms and Conditions shall remain valid even if, in the course of continued business relations, there is no further express indication of the exclusive effectiveness of these Terms and Conditions. The Terms and Conditions shall apply for consumers, SMEs, persons engaged in trade or business, self-employed persons, companies and entrepreneurs.
A consumer is someone who concludes a contract for purposes which can be regarded as outside his/her trade or self-employed business activities.
1.2 Any deviating agreements, subsequent amendments to the contract or verbal side agreements shall not be valid unless EASYPLEX has approved them in writing. This also applies to any amendment to this written-form clause. Any general terms and conditions of the Party to the Contract which contradict those of EASYPLEX will not be accepted by EASYPLEX.
1.3 It shall be agreed that any orders placed verbally or by phone are subject to these Terms and Conditions.
1.4 If any part or parts of the Terms and Conditions of EASYPLEX become invalid, for whatever reason, this shall not affect the validity and enforceability of all other parts of these Terms and Conditions. The invalid or unenforceable provision shall be regarded as replaced by such valid and enforceable provision that as closely as possible reflects the intended purpose pursued with the invalid or unenforceable provision.
2. Quotations, Order Confirmations
2.1 The quotations made by EASYPLEX shall be non-binding and not quotations in a legal sense until the written order confirmation is issued by EASYPLEX. If EASYPLEX fails to provide an order confirmation, the supply agreement is constituted by the delivery of the goods by EASYPLEX; in this case, the delivery of the goods is deemed as order confirmation.
2.2 Information in quotations made by EASYPLEX relating to dimensions, materials, colours, designs and other features shall be non-binding; such information shall not become binding until confirmed in writing by EASYPLEX.
2.3 EASYPLEX shall reserve the right to make any changes to guaranteed features as long as such deviations are acceptable to the Party to the Contract.
2.4 By placing an order, the customer enters into a binding contract. EASYPLEX will immediately confirm the receipt of the customer’s order electronically. The confirmation of receipt does not constitute an acceptance of the contract. The confirmation of receipt may be combined with the declaration of acceptance. An agreement does not become effective until an order confirmation is sent or goods have been delivered.
2.5 EASYPLEX is entitled to reject the acceptance of the order – for example after checking the customer’s creditworthiness. EASYPLEX is entitled to limit the order to amounts suitable for a normal average household.
2.6 The contract is concluded subject to the proviso that the service/the Item is available. In the event of non-availability or only partial availability of the service/Item, EASYPLEX shall be entitled to cancel the agreement. The customer shall be notified without delay. Any counter-performance already rendered will be reimbursed.
2.7 EASYPLEX will save the wording of the contract and send it to the customer along with the included T&C by e-mail after the contract has been concluded and no later than the date the goods are delivered.
2.8 The customer assures EASYPLEX that all the information given upon ordering or registering (e.g. name, address, e-mail address, bank connection, etc.) is accurate. EASYPLEX is to be notified immediately of any changes.
3. Software Development
3.1 The creation of the software is based on the written specifications, which either EASYPLEX develops against a charge based on the documents and information made available by the Party to the Contract, or which the Party to the Contract provides. The Party to the Contract is required to check the specifications for accuracy and completeness and provide them with its mark of approval (e.g. initials or stamp indicating acceptance). Any alteration requests made at a later point in time may lead to different deadline and price arrangements.
3.2 Any changes to the contractually agreed scope of the service to be provided by EASYPLEX (accepted specifications) have to be in writing. Otherwise they shall be deemed as invalid.
EASYPLEX will check what effects the requested changes will have in view of specifications, additional expenditure and deadlines and will notify the Party to the Contract of them. In a next step, the contracting parties will coordinate the implementation of the change request and its effects.
If an agreement is reached, the change request is documented in writing and added to the specifications as an appendix. EASYPLEX notifies the Party to the Contract of the effects in writing (possible changes to the duration, deadlines, costs and contents).
If no agreement is reached, in other words if the Party to the Contract withdraws the change request, the original scope of specifications will remain effective. It must be assumed that no agreement has been reached if the customer fails to adopt the changed version within three weeks by sending a written notification to EASYPLEX.
All additional expenditures resulting from the change request shall be borne in full by the Party to the Contract.
3.3 The Party to the Contract shall have the duty to optimally provide EASYPLEX with information, documents and auxiliary means which are required for developing the software. These include primarily real-world testing data and testing facilities which reflect as closely as possible real-life operation.
If the Party to the Contract fails to meet this obligation, EASYPLEX shall assume no liability for any possible resulting effects (longer duration or postponed deadlines). Any additional expenditure on the part of EASYPLEX shall be borne in full by the Party to the Contract.
4. Prices and Compensation, Updates, Delivery Costs
4.1 EASYPLEX’s prices are net prices plus the amount of value added tax valid on the day of delivery in EUROS.
Offers directly addressed to consumers (these include, specifically, offers in the Internet shop) indicate gross prices incl. the respective legally valid value added tax. The gross prices listed at the time the order is placed are relevant in contracts with consumers.
4.2 If the customer is not a consumer, and provided that a delivery term is agreed that exceeds four months starting on the day the contract is concluded, the prices shall apply that are valid on the date of delivery. The prices are unpacked ex works.
4.3 Delivery costs are charged to the customer. In the case of deliveries abroad, the Party to the Contract shall additionally be charged the customs duties and customs clearance costs.
4.4 If the Item includes computer programmes which are subject to the so-called General Public License (GPL) or any other copyleft agreement (LGPL, BSD, etc.), the Party to the Contract shall be given a copy of the licence together with the Item. This licence shall apply in addition to these Terms and Conditions, specifically to the rights to and the use of the GPL software with the exception of the provisions on liability and warranty set out therein. In this respect, the provisions in these Terms and Conditions shall apply. With regard to these programmes, EASYPLEX is prepared to provide to the Party to the Contract at its request (directed at EASYPLEX) the executable programmes and source text in accordance with the copyleft licences for three years starting on the day the programmes (or the processor-controlled EASYPLEX product) are received by the Party to the Contract. For this purpose, the Party to the Contract must send EASYPLEX the serial number of its EASYPLEX product.
The software of the Item also contains EASYPLEX programmes protected by copyright. The programmes may only be used by the current owner, holder or the contractor of the owner or holder in connection with an EASYPLEX product with the same product type designation as the Item.
4.5 EASYPLEX does not have the duty to keep the programmes belonging to the software of the Item up to date, to manage or maintain it or provide newer versions (updates) free of charge.
The Party to the Contract shall have the duty to pay strict attention to the type assignment of the update and the goods. If EASYPLEX, however, does provide a newer version free of charge by opening up a possibility to download the programmes, this version will be made available with the exclusion of liability and warranty for the new programme and its ability to be installed.
EASYPLEX shall assume no warranty or liability for any damages, secondary damages, failures or data loss that might result from a software update. This exclusion of liability and warranty shall not apply in the case of malicious, deliberate or gross negligence of EASYPLEX or its representatives or vicarious agents. The customer is aware of the fact that given the current state of the art it is not possible to create software entirely free of errors.
Subject to Section 4.4, EASYPLEX is not aware of there being any copyright, patent or other industrial property or intangible intellectual property rights of third parties – at home or abroad – in relation to the Item’s software. EASYPLEX, however, shall assume no liability or warranty for ensuring that the software does not violate any rights of third parties. In the event that claims are asserted to the user due to the breach of rights of third parties resulting from software use, no claim can be made for compensation or replacement to EASYPLEX in this respect.
The actual use of newer programme versions is always by the Party to the Contract’s own free choice. The Party to the Contract is also fully aware that it alone bears the risks associated with downloading, a faulty own installation and software use. Newer programmes, in particular, may lead to errors or failures in older EASYPLEX products.
5. Delivery, Transport
5.1 EASYPLEX deliveries are always for the account and at the risk of the Party to the Contract of EASYPLEX unless otherwise agreed upon in writing. If the Party to the Contract is a consumer, the risk in deliveries of EASYPLEX only passes to the Party to the Contract upon handover to the Party to the Contract.
5.2 EASYPLEX reserves the right to choose the mode of shipping; in particular, EASYPLEX can entrust an external carrier with the transport, if necessary.
5.3 EASYPLEX is entitled to make partial deliveries to an extent which is reasonable to the Party to the Contract.
5.4 The Party to the Contract shall have the duty to inspect the shipment upon arrival for transport damages, and notify EASYPLEX immediately of any damages or loss either by using the shipping company’s report or by making a declaration that must be signed by the Party to the Contract. The faulty items delivered are to be kept ready in the condition they were at the time the fault was identified for inspection by EASYPLEX or the respective manufacturer.
5.5 EASYPLEX shall expressly reserve the right to only make deliveries against cash on delivery. If, after contract conclusion, EASYPLEX becomes aware that the customer may not be able to pay the price due to poor creditworthiness, EASYPLEX shall have the right to demand advance payment or, if EASYPLEX has unsuccessfully defined a period for payment of the price, withdraw from the contract.
6. Risk Transfer
6.1 If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the consumer with the handing over of the goods, even in the case of contracts which provide for delivery by carrier or mail.
6.2 If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the entrepreneur at handover, and, in the case of contracts which provide for delivery by carrier or mail, the moment the goods are handed over to the carrier, the forwarder or any other person or agency entrusted with executing the shipping.
6.3 If data is downloaded or sent by Internet, the risk of accidental loss or modification of data shall pass to the customer when it crosses the network interface.
6.4 The handover shall be deemed to have taken place even if the customer is in default of acceptance.
7. Period of Delivery
7.1 Deadlines and defined periods of delivery shall only be binding if they were expressly agreed as such and are in writing. Indicated delivery periods are only a guideline value and shall be deemed agreed upon on an approximate basis (approximate terms).
7.2 If EASYPLEX fails to comply with the period of delivery, the Party to the Contract can refuse to fulfil the contract after sending a written reminder and setting an adequate grace period accompanied by a warning of rejection. In this case, the Party to the Contract shall not be entitled to any claim for damages unless the default is the result of intent or gross negligence on the part of EASYPLEX or its legal representative and/or vicarious agents.
7.3 In the event of force majeure, EASYPLEX shall have the right to delay performance for the duration of the impediment plus a subsequent reasonable start-up time or, if the performance is actually or economically impossible, withdraw from the contract completely. Force majeure includes, specifically, strikes, lock-outs, other types of unforeseen interruption of operations and any other failures unpredictable at the time of contract conclusion. This shall also apply in commercial transactions, if EASYPLEX itself fails to receive supplies within a reasonable period.
7.4 If, prior to delivery, the Party to the Contract demands a version of the object of purchase other than the one ordered, and if EASYPLEX agrees to the Party to the Contract’s request, the course of the period of delivery shall be suspended. If necessary, the period of delivery will be extended by the time that is necessary to create the different kind of version.
8. Acceptance
8.1 Acceptance takes place in writing by receipt or commissioning/use (delivery of goods, activation of software, etc.). If no detailed written notification of defects is received within a period of 4 weeks after handover of the Item, the Item shall be deemed as accepted. Software shall also be regarded as accepted if, after the expiry of the acceptance test period for the duration of another 2 weeks, the software’s usability is not considerably limited due to faults that were not reported.
8.2 The intended use and/or commissioning of the Item shall be deemed as acceptance and/or approval. This concerns specifically (but not exclusively)
- the activation of Internet-based software by using a generally accessible URL
- the activation of Intranet-based software by using a company-internal URL
- the integration of delivered software and hardware in already operating solutions.
8.3 If the Party to the Contract is in default of acceptance, EASYPLEX shall have the right to refuse to fulfil the contract after the expiry of a reasonable period of grace defined by EASYPLEX accompanied by an adequate warning of rejection. The compensation for damages is 15% of the total price. EASYPLEX is permitted to prove a higher damage.
9. Payment
9.1 Payments may only be made directly to EASYPLEX or to persons in possession of a written authorisation from EASYPLEX. Unless Section 15.1 applies, or unless EASYPLEX is entitled to demand advance payment, claims from EASYPLEX become payable immediately upon receipt of the invoice. If the Party to the Contract fails to pay within 14 days of the due date, the Party to the Contract shall automatically default without further notice from EASYPLEX. Debtors who are consumers shall default 30 days after the invoice is due and received, at the latest.
9.2 In the event of default in payment, the onset of payment difficulties or the initiation of insolvency proceedings, EASYPLEX shall have the right to declare any debts resulting from the business relationship immediately due, even if they are deferred. In addition, in cases of default in payment on the part of the Party to the Contract, EASYPLEX shall be permitted to set a grace period with a warning of rejection and cancel the contract and demand the return of the goods or demand damages due to non-fulfilment irrespective of any other rights.
9.3 In the event of a default, it is the responsibility of EASYPLEX to determine against which of the claims any payments received are to be offset. If costs and interests have already been incurred, EASYPLEX is entitled to offset the payment first against costs, then against interest and, finally, against the main claim.
9.4 The price quoted is binding. The price includes the statutory value added tax. In the case of contracts that provide for delivery by carrier or mail, the price is exclusive of the cost of shipping and packaging. The customer is charged no extra costs if the goods are ordered by using means of telecommunication. In Internet shops, EASYPLEX delivers against advance payment. EASYPLEX reserves the right to exclude individual payment modes. If goods are ordered from outside of EC countries (e.g. Switzerland), the respective statutory value added tax is deducted from the catalogue price; the customer itself is required to pay import VAT upon importing the goods. Furthermore, import duties may be charged which the ordering party must then additionally pay upon receipt of the goods. If payment is made from abroad, it must be noted that the deduction of bank charges is not permitted in the foreign bank transfer. In other respects, Section 4.3 shall apply.
9.5 The customer shall only have the right of offsetting if its counterclaims have been established as legally effective or are acknowledged by EASYPLEX. The customer can only exercise its right to retention if its counterclaim is based on the same contractual relationship.
10. Title Retention
10.1 The delivery item shall remain the property of EASYPLEX until it has been fully paid.
10.2 In case the sold item is installed, mixed or processed causing the loss of title retention, the Party to the Contract shall assign its resulting claims against third parties to EASYPLEX in the amount of the invoice.
10.3 Pledging or security transfer of the title of the delivery item prior to full payment of the purchase price is not permitted. In the event of seizure, confiscation or other measures taken by third parties, EASYPLEX must be notified immediately. The costs of such measures shall be borne by the Party to the Contract. The bailiff will be authorised to hand out the goods to EASYPLEX after the attachment is lifted.
10.4 Tools, shapes, forms, etc. are the sole property of EASYPLEX, even if they were charged to the Party to the Contract.
10.5 The Party to the Contract has the duty to store the goods from EASYPLEX in an adequate manner and have them properly insured.
10.6 The customer has the duty to treat the goods carefully. If maintenance and inspection work is required, the customer must perform such work at its own expenses on a regular basis.
10.7 If the customer breaches the terms of the contract, EASYPLEX is entitled to withdraw from the contract and demand the goods to be returned.
11. Warranty, Liability
11.1 The customer assumes the responsibility for the choice of the service, the Item or the goods and the results intended with such service, item or goods. EASYPLEX is not aware of the way the customer wishes to use the Item.
11.2 If the Party to the Contract is a consumer, the statutory warranty provisions shall apply unless otherwise stated in this Agreement.
11.3 Defects in quality and defects in title must be reported in writing immediately upon receipt of the goods or discovery of the defects. The defects must be described as detailed as possible.
11.4 Any damage compensation or warranty claims due to a defect in the goods or services are subject to the following exclusions and limitations of liability irrespective of any other statutory entitlement requirements:
EASYPLEX shall only be liable in the event of intent or gross negligence. In all other respects, liability for damages shall be excluded for any type of damages, even damage to property and regardless of the basis of such claims, including the liability for breach of duty upon contract conclusion.
The aforementioned exclusions and limitations of liability shall not apply if EASYPLEX has given a guarantee for the condition of the goods. The aforementioned exclusions and limitations of liability shall also apply for the benefit of employees, vicarious agents and any other third parties whose services EASYPLEX uses for contract fulfilment.
11.5 If the operating and maintenance instructions of EASYPLEX are not complied with, changes are made to products, parts are replaced or materials used which do not comply with the original specifications, claims for defects shall be excluded. There shall equally be no claims for defects whatsoever where the discrepancy from the agreed condition is insignificant and where the impairment of use is insignificant.
11.6 If the Party to the Contract is an entrepreneur, EASYPLEX – to the extent that there is any warranty right at all – shall on no account be obligated to deliver or manufacture a new item in the context of curing defects. If an attempt to remedy a defect fails, the Party to the Contract shall have the right to demand a reduction in the compensation or, optionally, cancel the contract. If the Party to the Contract wishes to demand damages instead of the service or intends to carry out repairs internally, the rectification shall be deemed to have failed only after an unsuccessful second attempt.
11.7 For any hardware permanently installed or for storage media supplied as give-aways together with hardware – in particular flash storage media (CF or SD cards, USB flash drives) – any liability on the part of EASYPLEX shall be excluded. The same shall apply for damages to flash storage media or caused by the use of flash storage media which EASYPLEX did not sell to the customer.
11.8 The defective item is to be sent to EASYPLEX on request. The parts replaced in the context of subsequent rectification become the property of EASYPLEX. If the Party to the Contract has connected the goods supplied by EASYPLEX with other items, EASYPLEX shall not be liable for the cost of installation/mounting or dismounting of the defective goods or for the installation of the subsequently delivered replacement goods. The Party to the Contract must give EASYPLEX the opportunity to assess the product or make a written statement before it dismounts the goods of EASYPLEX. If, following the report of a defect or a failure by the Party to the Contract, EASYPLEX has provided services to repair the “Item”, and if it emerges that there is and was no defect in quality, the Party to the Contract is required to bear the resulting costs by paying a share of € 100.00 as a lump sum plus any statutory value added tax. The costs for troubleshooting shall be borne by EASYPLEX. In the case of defective goods, in the case of defective hardware with additional storage media in particular, it is possible that data stored in the internal memory may be lost. With regard to repair work, EASYPLEX shall do everything it can to reduce the loss of data to a minimum.
11.9 The Party to the Contract has the duty to stop using defective devices and initiate measures immediately after it becomes aware of defects in order to prevent and/or contain secondary damages. Furthermore, EASYPLEX must be informed immediately.
11.10 The Party to the Contract shall be solely responsible for complying with the respective statutory safety instructions governing the handling and/or operation of the delivered goods. In the case of failure to comply with the relevant rules, provisions and guidelines, the delivered goods must not be taken into operation. Liability on the part of EASYPLEX is excluded.
11.11 In the case of contracts concerning used items, all warranty claims are excluded.
11.12 Prior to connecting EASYPLEX’s products with other items, in particular computer or telecommunications systems, the Party to the Contract must make sure that a failure or malfunctioning of the EASYPLEX product is unable to cause any further damage to its property or data. It must observe EASYPLEX’s product instructions before installing the product. The Party to the Contract has the duty to back up data on a regular basis, at least once a day. Damage claims for the loss of stored data are excluded if the damage would not have occurred after proper data backup and if EASYPLEX has adequately instructed the customer in data backup.
11.13 Provided the Item is a delivery item, the limitation period shall be 1 year both for damage claims due to defects and for any other claims and rights resulting from defects. With regard to the sale of consumer goods, the limitation period is 2 years.
11.14 According to the current level of technology, data communication via the Internet cannot be guaranteed to be without errors and/or available at all times. EASYPLEX shall therefore not be liable either for the permanent and uninterrupted availability of the applications it provides or hosts or for technical or electronic errors during a sales event upon which EASYPLEX has no influence, specifically not for the delayed processing or acceptance of offers.
11.15 In the case of goods that are manufactured to the Party to the Contract’s requirements, specifications etc., the Party to the Contract shall, at first request and unlimited in terms of the amount, indemnify EASYPLEX against any claims which third parties may assert against EASYPLEX or EASYPLEX’s suppliers resulting from industrial property rights, copyright, trademarks, etc. The same shall apply if the Party to the Contract uses the goods of EASYPLEX without EASYPLEX’s approval in a way that may violate the rights of third parties.
12. Returns
12.1 Return consignments of goods are only permitted with EASYPLEX’s prior approval which is given by the indication of a return number. EASYPLEX will send a return request to the Party to the Contract. The return request, which must contain a detailed description of the defect, must be added to the return consignment.
12.2 The goods must be returned at a place determined by EASYPLEX for the return consignment. This is the place of fulfilment of the return and, in the case of proper acceptance, the place of transfer of risk to EASYPLEX.
12.3 Consumers additionally have the right of return in the context of statutory regulations.
13. Right of Cancellation, Notification
13.1 If the contract is concluded via an Internet shop belonging to EASYPLEX, the Party to the Contract, providing it is a consumer, can revoke its agreement to contract in writing (e.g. by letter, fax, e-mail) within two weeks without having to state any reasons or by returning the item. If the item is provided before the period has expired, the period starts upon receipt of this written notification about the right of cancellation, however not before the goods have been received by the recipient. Where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery, and where services are concerned, then not before contract conclusion. Timely dispatch of the cancellation note or the item to EASYPLEX is deemed sufficient for compliance with the cancellation period. The cancellation must be addressed to office@easyplex.com.
13.2 There is no right of cancellation if the goods are sent electronically as a file. Besides this, there is no right of cancellation in the case of the delivery of audio or video recordings or of software if the seals of the delivered data carriers were broken by the consumer. Furthermore, there is no right of cancellation in the case of contracts for the delivery of goods that were produced according to customer specifications or are clearly tailored to personal needs (e.g. underwear) or, due to their condition, are not suited for returning or are easily perishable or would be past their expiration date.
13.3 If it is possible to send the goods in a parcel, the consumer is obligated to return the goods when exercising the right of cancellation. Costs of returning the goods when exercising the right of cancellation shall be borne by the consumer if the price of the goods does not exceed EUR 40.00 unless the delivered goods do not correspond to the ordered goods or in the event that the item has a higher price and the counter-performance or a contractually agreed partial performance has not yet been made at the time of cancellation. Otherwise, the return is free of charge. Items that cannot be sent as a parcel are collected. Obligations to reimburse payments must be met within 30 days. The period starts upon dispatch of the cancellation note or the item and, on the part of EASYPLEX, upon its receipt.
13.4 The consumer shall pay compensation for the loss of value through deterioration resulting from the initial use of the goods in accordance with the intended use. The consumer may examine the goods carefully. The loss of value resulting from any use going beyond pure examination leading to the fact that the merchandise can no longer be sold as “new” shall be borne by the consumer.
13.5 In the event of an effective cancellation, the services and payments received by both parties shall be refunded and, if applicable, any resulting benefits (e.g. interest) returned. If the Party to the Contract is unable to return the received service or payment, either partially or as a whole, or is only able to return it in a deteriorated condition, the Party to the Contract is required to offer a compensation of equal value. If the case of items provided for use, this does not apply if the deterioration in the item is exclusively due to its being inspected, as may be done in a shop. Furthermore, the Party to the Contract can avoid the requirement for such compensation by not using the goods as an owner would and by refraining from any action that may reduce the value of the goods. Items that can be mailed as parcels are to be sent at the consumer’s own risk.
14. Privacy
14.1 EASYPLEX collects and stores the customer’s personal data needed for processing business transactions. When processing the customer’s personal data, EASYPLEX shall observe the legal regulations.
14.2 The Party to the Contract’s personal data, to the extent these are needed for the reasoning, content or change of the contractual relationship (master data), are used exclusively for the processing of the concluded sales contracts, for example for sending goods to the address indicated by the Party to the Contract. Any utilisation of the master data exceeding such use for purposes of advertising, market research or need-based design of our offers shall require the express approval of the Party to the Contract.
14.3 The Party to the Contract’s personal data, which are needed to enable and bill the use of EASYPLEX’s offers (usage data) are initially also exclusively used for processing concluded sales contracts. Such usage data specifically include the user’s identification features, information on the beginning and end as well as the scope of each usage and information on the teleservices used by the user. EASYPLEX will additionally use such usage data for the purpose of advertising, market research or need-based design of teleservices for creating user profiles by using pseudonyms. The Party to the Contract has the right to reject this way of using the usage data.
14.4 If the Party to the Contract desires further information, wishes to retrieve or revoke information on its personal data saved or their expressly given consent to the use of its usage data and/or wishes to revoke the use of usage data, an e-mail can be sent to EASYPLEX by using the following e-mail address: office@easyplex.com.
15. Miscellaneous
15.1 Unless otherwise agreed upon, the following payment plan shall apply for entrepreneurs in relation to the total sum of the Item, if the total price exceeds € 10,000.--.
- 1/4 of the total sum upon order confirmation
- 1/4 of the total sum upon acceptance of the specification
- 1/4 upon demonstration of the first prototype and/or one of the partial results agreed upon together with the Party to the Contract
- 1/4 upon delivery.
In the case of a total sum smaller than € 10,000.-- in the case of entrepreneurs, and/or in the case of end-consumers, the total sum of the order is payable upon order confirmation.
15.2 Every year on the reference day 1st January, all prices will be automatically adjusted to the rate of inflation as defined by the CPI 2010 of the Austrian office of statistics “Statistik Austria” (http://www.statistik.at/web_de/statistiken/preise/verbraucherpreisindex_vpi_hvpi/022832.html).
15.3 The Party to the Contract’s right to offset is excluded unless the relevant counterclaim has been established as undisputed and legally effective or has been acknowledged by EASYPLEX. The Party to the Contract is only authorised to exercise its right to retention if its counterclaim is based on the same contractual relationship and if the legal requirements are met.
15.4 The rights of the Party to the Contract resulting from the business transactions undertaken with EASYPLEX are not transferable.
15.5 EASYPLEX shall assume no liability for any provided data carriers, templates or other materials that are not demanded within one month after finishing the contract (Item). The transport shall be borne by the customer.
16. Place of Jurisdiction
16.1 The legal relations and these Terms and Conditions of Business between the Party to the Contract and EASYPLEX are exclusively subject to Austrian law excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
If it is a consumer contract, the choice of law must not have the result of depriving the consumer of the protection afforded to them by the mandatory rules of law of the country in which they have their habitual residence.
16.2 Place of fulfilment for the performance of both parties to the contract is Klagenfurt, Austria. If legally permitted, the agreed exclusive place of jurisdiction for any disputes shall be Klagenfurt. Alternatively, EASYPLEX reserves the right to file a suit at the Party to the Contract’s place of business. If the Party to the Contract is a consumer, the place of jurisdiction is determined by the statutory regulations.
