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General Terms and Conditions of Nutzwerk GmbH (Hardware – Part A)

Please read the following Terms and Conditions and the additional notes carefully. Your orders will be processed on the basis of the valid Terms and Conditions of Nutzwerk GmbH given below. We assume that these Terms and Conditions are at your disposal when placing your order. If this is not the case, you may view, print and/or save the Terms and Conditions given below.

When you place an order with us, we will sell the products and services on the basis on the Conditions of Delivery and Sale of Nutzwerk GmbH, Kohlgartenstrasse 13, 04315 Leipzig listed below. Nutzwerk GmbH is registered with the Local Court of Halle/Saalkreis in the commercial register under number HRB 11059. Our service hotline can be contacted under 01805-NUTZWERK or 01805-688 993.

Unless agreed differently hereinafter, the General Terms and Conditions of Nutzwerk GmbH shall apply. (Part A, Part B, Part C)

Section 1 General
Deliveries, services and offers by Nutzwerk GmbH shall be exclusively based on these Terms and Conditions. These shall also apply to all future business relations, even if they are not expressly agreed once more. The conditions shall be deemed accepted when receiving the goods or services at the latest. Any counter-confirmations by Customers with references to their own terms and conditions of purchase are expressly rejected herewith.

Section 2 Offer and Signing of Contract
2.1. The Customer confirms that he/she accepts the General Terms and Conditions of Nutzwerk GmbH and places its order using the electronic form on the Internet, the telephone or in writing by fax or letter. Nutzwerk GmbH informs the Customer about the receipt of its order and asks it to check the ordering data and possible modifications required. After the order has been checked by Nutzwerk GmbH, Customer will receive a confirmation of order by e-mail, fax or letter. Dispatching the confirmation of order shall mean entering into an agreement.

2.2. Offers by Nutzwerk GmbH are always subject to alteration without notice and not binding. Declarations of acceptance and all orders shall require Nutzwerk’s confirmation by fax or letter.

2.3. Any drawings, figures, technical descriptions or any other performance data shall not be binding unless this has been expressly agreed in writing.

Section 3 Prices
3.1. Unless quoted differently, Nutzwerk will feel bound to the prices in their offers for a period of 30 days from the day on which the offer was posted. Otherwise, the prices quoted by Nutzwerk in the confirmation of order shall be valid, plus the mandatory VAT. Any additional deliveries and services shall be billed separately.

3.2. Unless agreed differently, prices shall be net prices ex Nutzwerk warehouse, including the generally accepted packaging. Transportation and dispatch costs shall be billed separately depending on the delivery zone.

Section 4 Delivery and Delivery Period
4.1. Basically, it shall be the Customer’s task to install and connect the hardware or to install software programs. If Customer desires it can ask Nutzwerk GmbH to provide a suitable partner for installation services.

4.2. Nutzwerk will deliver the products within a maximum period of three weeks after receipt of the order, however this cannot be fully warranted. To the extent possible Nutzwerk GmbH will take into account the date desired by Customer. Any binding or non-binding agreements concerning delivery dates or deadlines shall be executed in writing.

4.3. Nutzwerk GmbH shall not be held liable for any delays in deliveries or performance due to force majeure and because of events which make it very difficult or even impossible for Nutzwerk GmbH not only for a temporary period of time to deliver the products and services – including but not limited to strike, lock-out, government measures – also if affecting suppliers of Nutzwerk GmbH, even if binding dates or deadlines have been agreed. Such events shall entitle Nutzwerk to postpone the delivery or service by the duration of the obstruction plus a reasonable new start-up time, or to resign from the contract fully or in part because of the unfulfilled portion.

4.4. Should the obstruction last for more than three months, Customer shall be entitled to resign from the contract fully or in part with regard to the unfulfilled portion thereof, provided it has specified an additional period for fulfillment of the contract. If the period of delivery is extended, or Nutzwerk relieved from its obligations, Customer shall not derive any claims for damages from this.

4.5. Nutzwerk shall always be entitled to carry out partial deliveries or provide partial services.

4.6. If Customer is in default with regard to acceptance of the goods, Nutzwerk shall be entitled to ask for compensation of the damage it has suffered; occurrence of such default shall mean that the risk of accidental deterioration or loss shall pass to Customer.

Section 5 Passage of Risk
The risk shall pass to Customer on the day of delivery and at the place of delivery. In the case of online licensing of software products, risk shall pass to Customer with the generation of the product key.

Section 6 Warranty
6.1 Nutzwerk warrants that the products are free from material and workmanship defects. The warranty period shall be 12 months and start with the date of delivery. In addition it is possible to acquire an additional warranty of 36 months.

6.2. If Customer fails to comply with operating and maintenance instructions issued by Nutzwerk, or if Customer changes or modifies the products, exchanges parts or uses consumables not complying with the original specification, Nutzwerk shall not assume any warranty, provided Customer fails to refute a substantiated claim to the effect that one of these circumstances caused the defect.

6.3. Customer shall inform Nutzwerk about the defect in writing or by fax without delay – within 5 business days – after receipt of the delivered object. Any defects that cannot be detected within this period of time even by extremely careful inspection, shall be notified to Nutzwerk in writing immediately after having been discovered. 6.4. In case Nutzwerk is notified by Customer that the products do not comply with the warranted quality, Nutzwerk can elect on its own discretion:

a) to ask Customer to hand in the defective device or part to Nutzwerk for repair and subsequent return to Customer.

b) to ask Customer to keep the defective device or part ready until a Nutzwerk service technician performs the repair on Customer’s premises.

Should Customer require that the warranty works are performed at a place determined by it, Nutzwerk may meet this requirement, with the regulation that the part covered by the warranty shall not be charged to Customer, while working hours and traveling costs shall be reimbursed at the standard Nutzwerk rates.

6.5. If Nutzwerk fails to rectify the defects within a reasonable period of time, Customer may at its own discretion demand reduction of the purchase price or cancellation of the purchase contract. 6.6. Nutzwerk can charge a suitable partner with the performance of repair and warranty works. 6.7. The above list shall be final. Any warranty claims going beyond this shall be excluded.

Section 7 Reservation of Title
7.1. Any product shall remain the property of Nutzwerk GmbH until the purchase price has been fully paid. If Customer is in default with payment, Nutzwerk GmbH may take back the products to secure its rights, if it has notified the Customer accordingly and granted it a period of extension, without prejudice to any other rights Nutzwerk may have.

7.2. Customer shall not pledge or assign any machines that are the property of Nutzwerk GmbH. Customer shall already now assign to Nutzwerk, by way of security, any claims resulting from further sale or any other legal grounds (insurance, tort) of the goods under reservation.

7.3. Customer shall be entitled to process or sell the goods under reservation in normal business transactions, provided it is not in default. Nutzwerk authorizes Customer in a revocable way, to collect any claims assigned to Nutzwerk for the benefit of Nutzwerk in its own name. This authorization may not be revoked unless Customer fails to meet its payment obligations.

7.4. If Customer fails to comply with this agreement – in particular in case of default in payment, Nutzwerk shall be entitled to take the goods under reservation back or demand, as the case may be, assignment of the claim for return of Customer against any third parties.

Section 8 Payment
8.1. With the confirmation of order, Customer is informed about the purchase price plus VAT, which shall be payable from this time onwards without deduction. Payment by Customer may be effected by money transfer to the account given, by cash on delivery or by credit card.

8.2. Customer shall not be entitled to set-off, retention or price reduction unless its counter-claims have been recognized by declaratory judgment or are undisputed.

Section 9 Right to Revoke in acc. with Section 3 of German Fernabsatzgesetz
(Remote Sales Law)
9.1. Customer, as consumer, shall have a right to revoke within a period of two weeks. In the case of commodity deliveries, this period shall start with receipt of the goods by the recipient, in the case of recurring deliveries of similar goods on the day of receipt of the first partial consignment, and in the case of services on the day on which the contract is signed.

9.2. Unless agreed otherwise, and without prejudice to any other legal regulations, the right to revoke shall not exist in the case of remote supply contracts for the delivery of goods manufactured in accordance with Customer’s specification, or that have clearly been tailored to the personal needs of Customer, or which are unsuitable for return due to their specific characteristics.

9.3. Unless agreed otherwise, and without prejudice to any other legal regulations, the right to revoke shall not exist in the case of software deliveries, if the seal has been removed from the data storage media by Customer.

9.4. Revocation shall not require any justification and shall be effected in writing, on another durable storage medium or by sending the commodity back within a period of two weeks. Sending the product in time shall be deemed compliance with the time limit. Up to an order value of Euro 40, Customer shall bear the cost of return, unless the product delivered is not in agreement with the ordered one. Any complaints or revocations can be sent by the consumer to the following address:
Nutzwerk GmbH
Kohlgartenstrasse 13
04315 Leipzig
Tel.: Germany-01805-NUTZWERK bzw. 01805-688 993
Internet: http://www.nutzwerk.com

9.5. Any return consignments or other parcels arriving at Nutzwerk with postage unpaid, shall not be accepted, because Nutzwerk is unable to check the content and/or any claims resulting from it.

Section 10 Violations of Industrial Property Rights
10.1. Nutzwerk will indemnify Customer and its clients against any claims for violations of copyrights, trademarks or patents, unless the design of the product delivered has been provided by Customer. The amount of the indemnification commitment shall be limited to the foreseeable damage. Another condition for indemnification is that any litigation is left to Nutzwerk.

10.2. Nutzwerk may elect to discharge itself from the obligations taken over under paragraph 1, by either

a) obtaining the licenses for the allegedly violated patents, or

b) providing Customer with a modified product or parts thereof, which in case of exchange with the violating product or parts thereof would remove the alleged violation by the product delivered.

10.3. The regulation provided under 10.1 shall not be applied if third-party claims are based on the fact that Customer has on its own account modified the programs or machines, or used them with data and programs not delivered by Nutzwerk or under conditions other than the specified ones.

Section 11 Confidential Information, Data Protection
11.1. Nutzwerk GmbH will treat essential and not generally known matters of the Customer with the confidentiality common in commercial practice. However, Nutzwerk GmbH shall be free to use ideas, concepts, know-how and techniques in any possible way, as long as these are related to information processing and not subject to any industrial property rights.

11.2. Nutzwerk GmbH will process or use Customer’s personal data only for contractually agreed purposes and secure them against unauthorized access.

11.3. Customer agrees to Nutzwerk storing its data (also personal) which become known to Nutzwerk GmbH in connection with a contractual relationship, processing and using these data in accordance with the purpose defined in the contract and transferring the data to companies affiliated with Nutzwerk GmbH or to any third parties, such as business partners and subcontractors of Nutzwerk, at home and abroad, for further processing and use.

11.4. Customer agrees that it has obtained the agreement of persons whose data it processes or uses and transfers to Nutzwerk GmbH, in accordance with BDSG, i.e. to use these data as defined in a contract signed with Nutzwerk GmbH at home or abroad for further processing or use.

Section 12 Limitations of Liability
12.1. Nutzwerk GmbH shall be liable for any damage caused by any lack in the properties warranted, as well as for any damage caused by it with intent or through gross negligence.

12.2. Nutzwerk GmbH shall not be liable for any damage caused by slight negligence. However, it shall be liable in the case of slightly negligent violation of essential contractual obligations up to an amount equivalent to the purchase price of the machine or software that caused the damage, or in the case of recurring payment up to the amount due for a 12-months period of time.

Section 13 Applicable Law, Jurisdiction, Severability
13.1. These Terms and Conditions, as well as all legal relations between Nutzwerk and Customer shall be based on German law. To the extent that for foreign Customers parts of the UN sales convention taken over into German law would be applicable, this shall be excluded.

13.2. The sole place of jurisdiction for any disputes arising out of or in connection with this Agreement shall be Leipzig.

13.3. Should any of the provisions in these Terms or Conditions be or become ineffective, the effectiveness of the remaining provisions or agreements shall remain unaffected.

Issued in October 2001



General Terms and Conditions of Nutzwerk GmbH for Standard Software (Software – Part B)

Please read the following Terms and Conditions and the additional notes carefully. Your orders will be processed on the basis of the valid Terms and Conditions of Nutzwerk GmbH given below. We assume that these Terms and Conditions are at your disposal when placing your order. If this is not the case, you may view, print and/or save the Terms and Conditions given below.

When you place an order with us, we will sell the products and services on the basis on the Conditions of Delivery and Sale of Nutzwerk GmbH, Kohlgartenstrasse 13, 04315 Leipzig listed below. Nutzwerk GmbH is registered with the Local Court of Halle/Saalkreis in the commercial register under number HRB 11059. Our service hotline can be contacted under 01805-NUTZWERK or 01805-688 993.

Unless agreed differently hereinafter, the General Terms and Conditions of Nutzwerk GmbH shall apply. (Part A, Part B, Part C)


Section 1 Subject Matter of Contract
1.1. The Nutzwerk Software shall be software packages partly consisting of Open Source software, i.e. software, generally freely accessible and licensed by the author and falling under the GPL (GNU General Public License) and similar licenses. The other part of the package consists of our own (proprietary) software developed and licensed by Nutzwerk GmbH and other manufacturers which together with the free Public Domain Software has been compiled into a unified product. The scope of services is derived from the respective product description as well as the documentation in a complementary way.

1.2. It shall be the Customer’s task to put the programs into service. Nutzwerk is prepared to provide assistance to Customer in this respect. Unless agreed otherwise, any assistance provided (including installation and demonstration, instruction, training etc.) shall be remunerated separately depending on the actual work required.

Section 2 Warranty
2.1. Licensee is informed about the character of the Open Source Software. Nutzwerk warrants that the licensed software is technically executable in accordance with the state of the art applicable at the time of its creation.

Legal regulations and any other specifications mandatory for the Customer are complied with. Any further warranties – in particular with regard to a specific serviceability – shall be expressly excluded. For any claims going beyond those regulated in this agreement – for whatsoever legal reason – Nutzwerk shall only be liable if it can be demonstrated that Nutzwerk has acted with intent or gross negligence. This applies in particular to any consequential damage including loss of or damage to data, lost profit or loss in goodwill. Nutzwerk shall not reimburse the expenditure required to restore lost data. In any case, Nutzwerk’s liability shall be limited to the value of each individual consignment. Any insignificant reduction in quality shall not be considered.

2.2. The 12 months’ warranty period shall start with the delivery of the medium.

2.3. Customer shall not be entitled to any warranty claims unless the reported defects are reproducible or can be evidenced by computer-generated outputs. Customer shall notify defects in writing, in an understandable form and providing all information required for defect identification. To the extent required, and if requested by Nutzwerk, Customer shall provide assistance to Nutzwerk in the remedy of defects, in particular to provide Nutzwerk with a data storage medium containing the program concerned and suitable working means.

2.4. Nutzwerk shall be entitled to remedy defects. The remedy of defects that do not severely affect the use of the product, shall not be required before the delivery of a further developed version.

2.5. Customer may define a reasonable period of time for the remedy of defects. If Nutzwerk fails to remedy the defects, Customer shall be entitled to claim price reduction, rescission or compensation for damages in accordance with Section 6 (Part A).

2.6. No warranty shall be granted for programs modified or changed in any other way by Customer.

2.7. Nutzwerk may demand compensation for the expenditure incurred for fault remedy if it has become active although no real defect exists, and if Customer has failed to provide the prerequisites mentioned under Section 2.3 (Part B)

Issued in October 2001



General Terms and Conditions – Disclaimer of Warranty by Nutzwerk GmbH. (Part C)

Please read the following Terms and Conditions and the additional notes carefully. Your orders will be processed on the basis of the valid Terms and Conditions of Nutzwerk GmbH given below. We assume that these Terms and Conditions are at your disposal when placing your order. If this is not the case, you may view, print and/or save the Terms and Conditions given below.

When you place an order with us, we will sell the products and services on the basis on the Conditions of Delivery and Sale of Nutzwerk GmbH, Kohlgartenstrasse 13, 04315 Leipzig listed below. Nutzwerk GmbH is registered with the Local Court of Halle/Saalkreis in the commercial register under number HRB 11059. Our service hotline can be contacted under 01805-NUTZWERK or 01805-688 993.

Unless agreed differently hereinafter, the General Terms and Conditions of Nutzwerk GmbH shall apply. (Part A, Part B, Part C)

Section 1 Software/Hardware
The software/hardware which you may order through this website shall be subject to the copyright of Nutzwerk and/or its subcontractors.

The use of this software/hardware shall be based on the licensing regulations and conditions attached to or contained in the software/hardware. The final user acknowledges these licensing regulations and conditions by installing the products or putting them into service.

Any use or reproduction of the software/hardware not in compliance with these regulations and conditions shall be subject to legal prosecution and may lead to considerable punishment.

Section 2 Programs by Third-party Providers
Nutzwerk GmbH shall not assume any liability or warranty for programs and/or applications from third-party suppliers, not even for those indispensable for the operation of the software/hardware.
Section 3 Free software
3.1 To the extent that Nutzwerk uses for its products free software licensed by its authors free of charge, the following disclaimer of warranty shall apply. Nutzwerk shall not assume any liability or warranty for free programs as long as this is permitted by law. Unless otherwise confirmed in writing, the program is made available by the copyright owner and/or third parties “as it is”. No warranty is provided, neither express nor implicit, including but not limited to market maturity or usability for a specific purpose. Customer shall bear the full risk with regard to quality and efficiency of the program. Should the program turn out to be defective, any costs for necessary servicing, repair or corrections shall be borne by Customer.

3.2. In no case, unless required by applicable law or guaranteed in writing, shall any copyright owner or any third party that has modified or distributed the program as permitted in the license be liable to Customer for any damage, including any general or specific damage, damage by side-effects or consequential damage resulting from the use of the program (including, but not limited to loss of data, faulty processing of data, loss to be borne by you or by others, or the inability of the program to function together with any other program), even if a copyright owner or a third party was informed about the possibility of such damage.

Section 4 Freedom from Defects
4.1 The parties to this agreement are fully aware that, based on state-of-the-art technology, no software whatsoever can be completely free from defects and thus this cannot be demanded from Nutzwerk. Nutzwerk warrants that the delivered software is executable and useable in accordance with the specification and has the warranted characteristics.

4.2 Nutzwerk shall not assume any warranty for defects caused by handling and operating errors on the part of the client, in particular, if client has failed to comply with the instructions in the enclosed documentation or other information provided by Nutzwerk. The same shall apply to any modifications and alterations of the delivered software attempted by persons not authorized for such work by Nutzwerk. Nutzwerk shall not assume any liability for any circumstances caused by the fact that the delivered software produces erroneous results when used by Customer. Nutzwerk and its employees shall not be liable for the restoration of data.

Section 5 Third-party Brand Names
Third-party brands, trade names, product names and logos shown on this website may be brands or registered trademarks of the respective proprietor.

Issued in October 2001


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