Deliveries are made by us exclusively to these conditions of sale. By accepting our offer, the customer accepts these terms and conditions, even if they conflict with his terms and conditions in whole or in part. If the customer does not want to accept our conditions, he must reject our offer. As far as related by CompuFriend (operating systems or similar programs), the subject matter of this contract is the computer program recorded on the data carrier, the program description and operating instructions as well as other associated written material. They are also referred to as software in the following.

Our offers are non-binding. Orders and orders of our customers can be accepted by us by express written notice, by fax, verbally or by telephone or by direct direct transmission of the goods within a period of 8 days. We are entitled to withdraw from the contract if the buyer has suffered a significant deterioration in the economic situation, has filed for bankruptcy or settlement, or the contracting party is in default of payment for a shipment.

The risk of carriage is borne by the recipient, even in the case of carriage paid delivery. We reserve the right to decide on the mode of shipment (transport route). Unless expressly stated in writing by the customer, the goods are compulsorily insured by us for transport. The occurred transport damages and transport losses are to be announced immediately. The buyer is also obliged to accept partial deliveries without the prior explicit consent of the buyer.

The warranty period is 24 months from delivery from our warehouse. Repairs to be carried out outside of the warranty period of CompuFriend for the specialized trade are calculated according to the valid computer price list for repair flat rates. In order to assert a warranty claim, it is generally necessary to attach a defect description with the model and serial number and the copy of the delivery note or the invoice with which the device was delivered to the defect part. By guarantee, no new warranty periods come into operation. Wear and tear and the consequences of improper storage or use of the goods by the customer are excluded from the warranty. Our warranty expires if the customer does not notify us of obvious defects in writing within one week after receipt of the goods. Advance exchange is not possible. The return must be delivered free. The warranty obligation of CompuFriend is limited to a repair of the corresponding goods. In case of failed rectification, a subsequent delivery (replacement). Thereafter, the buyer is entitled to an unrestricted conversion or reduction claim. With simultaneous purchase of hardware, operating systems and other software, these are sold as not belonging together.

CompuFriend assigns its warranty claims it has to its upstream suppliers to the CompuFriend customer. Any warranty claims asserted against CompuFriend by customers are subject to the prior legal claim of CompuFriend's suppliers. CompuFriend is only warranted against unsuccessful prior judicial use against the upstream suppliers.

Exempted are claims for damages of the customer due to culpa in the conclusion of the contract, breach of contractual secondary obligations from positive breach of contract, especially for consequential damages, unless they are based on intent or gross negligence on our part or our vicarious agents. As far as products manufactured by CompuFriend are concerned, a claim from producer liability insofar as it concerns an immediate customer is excluded.

The delivery period begins as soon as an agreement has been reached on all order terms and clarification of any contractual arrangements has been made. Claims for non-compliance with a delivery period only exist if a grace period of at least two weeks has been set by registered letter and the grace period has not been adhered to. Operational disruptions - regardless of which sphere and, if so, conditional - release from the adherence to certain agreed delivery times. They entitle you to a complete or partial resignation. Claims for damages are excluded.

The prices are subject to change. Decisive for the calculation of individual deliveries is the last price list, but with the proviso that we are entitled to pass on any price increases (for example due to changes in the exchange rate, freight surcharges, etc.) without prior notice. All prices include the value-added tax.

The delivery is cash on delivery or prepayment without cash discount. Unless otherwise agreed, the maximum payment date is 7 days after date of invoice net without deduction. The buyer undertakes to pay interest on our claim in the amount of 5% above the discount rate of the Deutsche Bundesbank after this period without special reminder. The assertion of further damages caused by delay is not excluded hereby. Other agreements must be made in writing. Unless otherwise expressly agreed, the seller is entitled to collect the purchase price from the buyer by direct debit. The buyer hereby already issues his direct debit authorization for the SEPA direct debit mandate. Other agreements must be made in writing.

a) The seller retains ownership of the goods until all claims of the seller against the buyer from the business relationship, including future claims, have also been settled from simultaneously or later concluded contracts. The retention of title also extends to the recognized balance, insofar as claims against the contractual partner are booked in current account (current account reservation).

b) CompuFriend is entitled to take back the delivered item in the event of material breach of contract, in particular default of payment. The buyer is obliged to surrender. The withdrawal of a delivered item does not constitute withdrawal from the contract, unless CompuFriend has expressly declared this in writing. In the event that the object supplied by CompuFriend is impounded, CompuFriend must be informed immediately and the person who carries out the seizure must be informed accordingly, so that action can be brought under § 771 ZPO.

c) The goods subject to retention of title shall be kept by the Customer with due commercial care for CompuFriend and adequately insured against fire, water, theft and other liability risks at the Buyer's expense. The customer hereby assigns his claims under the insurance contracts to CompuFriend. CompuFriend accepts the assignment.

d) If the purchase price is paid by the buyer by bill of exchange or check, this justifies a change or check claim of the seller. The retention of title as well as the claims from the delivery of goods or the claims from extended retention of title expire only if the bill of exchange or the check has been paid by the buyer as a drawee.

e) The buyer is entitled to resell the reserved goods in the ordinary course of business. He hereby assigns to CompuFriend all claims that accrue to him from the resale against customers or third parties and regardless of whether the delivery item has been resold without or with agreement. CompuFriend hereby accepts the assignment.

f) If the reserved goods are sold unprocessed or after being processed in connection with objects which are exclusively the property of the buyer, the buyer hereby assigns the claim arising from the resale to the seller in full. If the reserved goods are sold by the buyer after processing / connection together with goods not belonging to the seller, the buyer hereby assigns the claims resulting from the resale in the amount of the value of the reserved goods with all ancillary rights and rank before the rest. The seller accepts the assignment.

g) To collect this claim, the buyer is authorized even after assignment. The authority of the seller to collect the claim itself remains unaffected. However, the seller agrees not to collect the claim as long as the buyer meets his payment and other obligations. The seller may request that the buyer informs him of the assigned claims and their debtors, provides all information necessary for collection and hands over the related documents, in particular the customer orders, the order confirmation copies, the invoice copies and that the buyer informs his debtors of the assignment to CompuFriend ,

h) The processing or transformation of reserved goods is always carried out by the buyer for the seller. If the reserved goods are processed with items that are solely owned by the buyer or with items that are not subject to extended retention of title, the seller is entitled to sole ownership of the new item. If the reserved goods are processed with other items not belonging to the seller, the seller is co-owner of the new item in the ratio of the value of the reserved goods to the other processed items such. Zt. The processing too.

i) If the value of the existing securities exceeds the claims to be secured by more than 15%, the seller is obliged to release them at the request of the buyer.

j) With the purchase of the product, you obtain ownership of the data carrier with the program embodied therein. The software as well as any descriptions, documentation and other accompanying material are protected by copyright. Your ownership is thereby restricted. With the purchase of the Software, you will be given the simple and personal right to use the enclosed copy of the Software on a single computer (i.e., with only a single central processing unit [CPU]). Reproduction is permitted only to make a backup copy.

CompuFriend warns that Buyer will be liable for any damages resulting from any copyright infringement suffered by Licensor arising out of its violation of these Terms by Buyer. In addition, we draw your attention to the fact that copying or distributing the software or an edited or redrafted version is imprisoned for one year with imprisonment or a fine.

CompuFriend warrants that at the time of transfer of the media on which the Software is recorded, it will be free of defects under normal operating conditions in the material version. If the data carrier is faulty, the purchaser can demand replacement delivery during the warranty period of 24 months from delivery. In the case of a failure to substitute delivery, you can choose between reducing the remuneration or canceling the contract. If errors occur in the software itself, the purchaser is entitled exclusively to a conversion right. This conversion right does not extend to any included hardware. Claims for damages as well as claims for damages for defects, consequential and accompanying damages can only be granted if the property is warranted and require a special written agreement.

The export of contract goods to countries outside the European Community or the import of contract goods from countries outside the European Community is prohibited, unless we give our written consent to do so in advance. All exports must comply with European and / or US export bans.

Place of fulfillment for payment and delivery for both parties is Güstrow. Jurisdiction is Güstrow. If different terms and conditions identify different jurisdictions, so Güstrow is hereby agreed as the place of jurisdiction, as far as the buyer is a registered trader.

The legal ineffectiveness of individual provisions does not otherwise affect the binding nature of the contract. For an ineffective provision, an effective provision shall apply that comes as close as possible to the invalid one. With the announcement of these terms and conditions all previous conditions lose their validity.