General Terms and Conditions
of COMTEC Nöker GmbH
1. place of fulfilment
The place of fulfilment for both parties is D-57413 Finnentrop.
2. purchase of products and services from COMTEC Nöker GmbH
2.1 Payment modalities
The possible methods of payment are stated in the offer and/or invoice.
2.2 Default of payment
Default of payment occurs automatically in the following cases without a reminder: The payment period of an open invoice calculated from the invoice date is exceeded or any other default or delay in payment occurs. In the event of late payment, COMTEC Nöker is entitled to charge interest on arrears from the first day of default at a rate of five percentage points above the base rate, but at least 6% p.a. If COMTEC Nöker can prove higher damages, these may be charged.
Payment can be made in euros (EUR). Other currencies are accepted if agreed.
3.1 Limitation of the warranty
The warranty is subject to the laws of the Federal Republic of Germany. As the purchaser was able to accept the software before commissioning, the purchase is deemed to be "as is"; i.e. the notification of defects is excluded for errors that are present in the respective version. The customer recognises that every software may contain errors. COMTEC Nöker has taken the utmost care in creating the software; however, it cannot be ruled out that the programmes may contain errors. If errors are reported, they will be corrected as quickly as possible. COMTEC Nöker is not liable for damages resulting from software errors. This does not apply to damages if intent or gross negligence can be proven. Services are only carried out as a service contract according to BGB, not as a contract for work. In the event of complaints, COMTEC Nöker may provide a rectification up to three times within a reasonable period of time.
4. further provisions
Clauses not mentioned are governed by the Civil Code of the Federal Republic of Germany as amended from time to time. This also applies to terms and conditions of contractual partners that contradict the German Civil Code, unless expressly agreed otherwise. A reference to competing general terms and conditions is not sufficient.
5. validity clause / cure clause
If parts of these GTC are or are declared invalid by case law or legislation, this shall not affect the GTC as a whole, but only the corresponding sentence. In this case, a rule corresponding to German law shall apply which comes closest to the rule declared invalid. Other points and the other sentences within the point in question shall continue to apply irrespective of this. 57413 Finnentrop shall be the place of jurisdiction. The place of fulfilment is 57413 Finnentrop. The laws of the Federal Republic of Germany shall apply exclusively.