General Terms and Conditions (GTC)

Convenience translation. The German version is legally binding.

I. General

1. Scope

The following General Terms and Conditions (GTC) apply to all business relationships between sareba Computer & Software e.U. (hereinafter "SAREBA") and the customer. By accepting deliveries or services from SAREBA, the GTC are deemed accepted.

2. Scope of contract and validity

All orders, bookings and agreements are only legally binding if they are signed by SAREBA in writing and in the company's name.

II. Delivery and installation of hardware, standard and custom software

3. Delivery and installation of hardware

SAREBA concludes separate purchase contracts for hardware. SAREBA is obliged to install hardware products on time, properly and professionally and to make them ready for operation, if this has been contractually agreed.

4. Delivery and installation of programs

a) Standard software

By placing the order, the customer confirms knowledge of the scope of the program. Unless agreed otherwise, programs may only be used at one workstation at a time.

b) Custom software

Custom software is created according to the binding information and documents supplied by the customer. The customer shall provide practical test data and test facilities free of charge.

5. Delivery

SAREBA endeavours to meet agreed delivery dates as precisely as possible. Delivery dates require the timely provision of all necessary work and documents by the customer.

6. Retention of title / reservation of licence

SAREBA retains ownership of the purchased item until the agreed purchase price has been paid in full.

7. Copyright and use

All copyright exploitation rights to the agreed services belong exclusively to SAREBA or its licensors.

8. Right of withdrawal

If SAREBA exceeds agreed delivery dates solely through culpable conduct, the customer may withdraw from the contract by registered letter, provided the service remains substantially incomplete within a reasonable grace period of 14 days.

III. Service agreements

9. Subject matter

The SAREBA service agreement comprises IT services by telephone, remote maintenance and on-site support.

10. Contact persons

The customer receives contact persons and direct addresses for the product areas covered by the service.

11. Availability / response time

The SAREBA service is available on working days from Monday to Friday from 09:00 to 17:00.

12. Term of contract

The SAREBA service agreement is concluded for an indefinite period. Either party may terminate it with two months' notice as of 30 June or 31 December.

13. Adjustment of the basis of assessment

Service-relevant bases of assessment may be adjusted quarterly by mutual agreement.

14. General / confidentiality

SAREBA will treat all information and data received from the customer as strictly confidential.

IV. Common provisions

15. Prerequisites

The customer shall describe all necessary organisational, operational and technical information comprehensively and in good time.

16. Prices, payment, taxes and fees

All prices are in euros plus statutory VAT. Invoices are payable immediately from the invoice date without deduction.

17. Warranty

The customer shall inspect the subject matter of the contract without delay and notify defects in writing. Unless agreed otherwise, the warranty period is six months from the transfer of risk.

18. Liability, damages

SAREBA is only liable for damages if the customer proves intent or gross negligence; liability for slight negligence is excluded.

19. Loyalty

The contracting parties undertake to be loyal to each other.

20. Source code

Unless agreed otherwise, the source code is not included in the scope of services.

21. Miscellaneous

Should individual provisions of the contract or the GTC become invalid, the remaining content shall remain unaffected.

22. Final provisions

Austrian law applies exclusively, excluding the rules of private international law and the UN Convention on Contracts for the International Sale of Goods. The court with subject-matter jurisdiction at SAREBA's registered office shall have exclusive jurisdiction for disputes.

sareba Computer & Software e.U.
Vorgartenstrasse 441, 2145 Hausbrunn, Austria
Email: it@sareba.com