Deviating, conflicting, or supplementary general terms and conditions of the customer only become part of the contract if their validity has been expressly agreed to in writing.

2. Conclusion of Contract and Offers

Our offers are subject to change and non-binding unless they are expressly designated as binding.

A contract is only concluded upon our written order confirmation, upon express acceptance of an offer, or upon commencement of service provision.

Technical specifications, descriptions, illustrations, drawings, or other documents serve as a general description of the services and do not constitute a guarantee of specific characteristics unless this has been expressly agreed in writing.

3. Scope of Services

The specific scope of services results from the respective offer, service description, order, or a separate agreement.

Unless otherwise agreed, we owe the provision of the agreed services in accordance with the state of the art customary at the time the services are rendered.

We are entitled to engage third parties as vicarious agents to fulfill the contract.

4. Customer Cooperation Obligations

The customer shall ensure that all cooperation required to carry out the order is provided on time, in full, and free of charge. This includes in particular:

• provision of a functional power supply and network connections,
• access to rooms, systems, devices, and administration interfaces,
• designation of a responsible contact person,
• timely transmission of all necessary information, access credentials, and approvals,
• ensuring suitable structural and technical conditions at the place of deployment.

Delays or additional expenses caused by missing or late cooperation on the part of the customer are not at our expense and may be invoiced separately.

5. Requirements for Installation and Commissioning

Where installation, setup, or assembly services have been agreed, their performance requires that the installation environment is technically suitable and ready for operation.

This includes in particular an operational passive network, a sufficient power supply, suitable mounting and installation areas, and the timely completion of upstream trades.

If these requirements are not met on the agreed date, we are entitled to postpone or abort the deployment or to invoice the resulting expenses separately.

6. Dates, Deadlines, and Postponements

Stated delivery and performance dates are only binding if they have been expressly confirmed as binding in writing.

The customer must notify us immediately of any identified scheduling risks or delays. If agreed dates cannot be met for reasons for which the customer is responsible, we are entitled to charge a reasonable amount for the resulting downtime, preparation effort, and capacities already reserved.

In the event of force majeure, supply shortages, strikes, failures of upstream suppliers, official measures, or other circumstances for which we are not responsible, deadlines shall be extended by a reasonable period.

7. Prices and Payment Terms

All prices are net prices plus the applicable statutory value added tax.

Unless otherwise agreed, invoices are due for payment without deduction within 7 days of the invoice date.

For project services, hardware procurement, installations, or individually ordered goods, we may request reasonable installment payments or advance payments.

If the customer defaults on payment, we are entitled to charge statutory default interest and to withhold further services until payment has been made in full.

8. Travel Costs and Expenses

Where services are provided on site at the customer’s premises, travel, accommodation, and incidental costs may be invoiced separately, unless expressly agreed otherwise.

The conditions stated in the offer are decisive; otherwise, billing is based on the actual, reasonable expenses incurred.

9. Additional Services and Extra Work

Services not included in the originally agreed scope will be invoiced separately. This applies in particular to:

• additional installation or configuration work,
• error analyses outside the agreed scope of services,
• rework due to insufficient advance work by the customer,
• subsequently requested changes, extensions, or additional configurations,
• support for third-party systems, unless expressly agreed.

10. Delivery, Transfer of Risk, and Partial Performance

Partial deliveries and partial services are permissible insofar as they are reasonable for the customer.

The risk of accidental loss and accidental deterioration passes to the customer upon handover of the goods to the transport company or upon provision for collection, provided the customer is an entrepreneur.

Transport insurance is only taken out at the express request and at the expense of the customer.

11. Retention of Title

Delivered goods remain our property until full payment of all claims arising from the business relationship.

The customer is obliged to treat goods subject to retention of title with care and to inform us immediately if third parties access them.

12. Rights of Use for Software, Documentation, and Work Results

Upon full payment, we grant the customer a simple, non-transferable right to use software, concepts, documentation, plans, configurations, scripts, and other work results to the extent contractually intended, unless expressly agreed otherwise.

Passing on, reproducing, editing, or publishing them beyond the agreed scope of use is not permitted without our prior written consent.

Third-party rights, in particular the license terms of manufacturers and software providers, remain unaffected and must be observed by the customer.

13. Support, Maintenance, and Fault Clearance

Support, maintenance, and service work is only owed if it has been expressly agreed.

Where response times, service hours, or availability levels are promised, these result exclusively from the respective service agreement or maintenance contract.

Services not covered by the agreed scope of support will be invoiced on a time-and-materials basis.

14. Acceptance

Where acceptance is required by law or agreed by contract, the service is deemed accepted if

• the service has been rendered essentially in accordance with the contract and
• the customer does not refuse acceptance within a reasonable period, stating material defects.

Acceptance is also deemed to have taken place if the customer uses the service productively.

15. Warranty Rights

The statutory warranty rights apply unless otherwise provided below.

The customer must report recognizable defects in writing without delay and give us the opportunity for subsequent performance.

In particular, no defect exists in the case of insignificant deviations, unsuitable use by the customer, modifications by third parties, or faults attributable to external influences for which we are not responsible.

16. Liability

We are liable without limitation in cases of intent and gross negligence as well as for injury to life, body, or health.

In the event of a slightly negligent breach of essential contractual obligations, we are only liable for the foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

In all other respects, liability for slight negligence is excluded.

Liability under mandatory statutory provisions, in particular under the Produkthaftungsgesetz (German Product Liability Act), remains unaffected.

17. Data Backup and Customer Responsibility

The customer is responsible for proper and regular data backups, unless we have expressly taken this over as a service.

Before any intervention in IT systems, migrations, changeovers, or repairs, the customer must independently ensure that a current and verifiable data backup exists.

18. Data Protection and Confidentiality

Personal data is processed exclusively within the framework of the statutory provisions.

Where necessary for the provision of services, the parties may conclude separate data processing agreements.

Both parties undertake not to disclose confidential information of the other party without authorization or to use it outside the purpose of the contract.

19. Set-Off and Right of Retention

The customer is only entitled to set off claims that are undisputed or have been finally established by a court of law.

A right of retention may only be asserted on the basis of counterclaims arising from the same contractual relationship.

20. Place of Jurisdiction and Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is our registered office, insofar as legally permissible.

21. Final Provisions

Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

In place of the invalid or unenforceable provision, the valid provision that comes closest to the economic purpose of the original provision shall be deemed agreed.

22. Provider Identification

Computer-Spezialisten
Rosenhag 4
88662 Überlingen
Germany

Email: info@computer-spezialisten.de
Website: computer-spezialisten.de