General Terms and Conditions of Timo Pagel IT Consulting


(translation from the original german version)

  1. Scope
    1. The services of Timo Pagel IT Consulting are conducted exclusively by the following terms and conditions. They also apply to all future contracts, even if they are not expressly stated again. Other terms and conditions of the customer are only effective if they are confirmed in written form by Timo Pagel IT Consulting. Verbal commitments and collateral agreements require written confirmation by Timo Pagel IT Consulting. Employees and agents of Timo Pagel IT Consulting are not entitled to make additional agreements or promise additional features of products, which are not written down.

  2. Supplies and services
    1. Timo Pagel IT Consulting is entitled, notwithstanding of the customer’s order, to deliver changed and adapted products, provided that they are equivalent and the change does not affect the intended use.
    2. The right to make partial deliveries and their separate billing remains reserved.
    3. The delivery date will be agreed on, following the expected performance capabilities of Timo Pagel IT Consulting, and is subject to change in case of unforeseen circumstances and obstacles such as force majeure, regardless of whether they occur at Timo Pagel IT Consulting or with suppliers. Should Timo Pagel IT Consulting come in delay with a capacity more than 4 weeks, the customer may, in writing set a reasonable period of grace to withdraw from the contract, excluding any further claims. In case the delay in supply and delivery takes longer than 6 weeks, also Timo Pagel IT Consulting is entitled to rescind the contract.

  3. Approval
    1. The customer must inspect the products immediately for completeness and compliance with the invoice, upon execution and delivery. If no written complaint is received within 8 days after receipt of delivery or execution of the contract, the product is considered approved.

  4. Prices and Terms of Payment
    1. All prices are for immediate payment without any deduction, if not stated otherwise on the invoice. Packaging, postage and handling as well as shipping insurance can be charged separately.
    2. An offsetting or exerting a retention due to not res judicata counterclaims is excluded.

  5. Retention of Title
    1. The contractual product remains property of Timo Pagel IT Consulting until all, including future claims under this contract from the business relationship with the customer, are fulfilled.
    2. In case of resale of the product to a third party, the customer is responsible for ensuring that the third party adheres the rights of Timo Pagel IT Consulting.

  6. Warranty
    1. Timo Pagel IT Consulting guarantees 24 months from the delivery of the work, that deficiencies are, at his option, being repaired or replaced free of charge. In case of several failed attempts to rectify and in the case of the impossibility of compensation under the statutory requirements, it is up to the customer to reduce payments or withdraw from the contract. Further warranty claims are excluded. The right to repair applies to both work- as well as work delivery-, purchase- and service-contracts.
    2. Customer shall be responsible for investigation and reprimand of all goods and services delivered to him by Timo Pagel IT Consulting according to Par. 377, 378 HGB/DE; Defects must be reported to Timo Pagel IT Consulting in writing within 8 days and in strict substantiation after delivery of the goods or service.
    3. Inadequate delivery items are to be kept in the condition in which they are at the time of discovery of the defect, to be inspected by Timo Pagel IT Consulting.
    4. A violation of the above obligations voids any warranty claims.
    5. The warranty also expires if the customer conducts unauthorized modifications or repairs carried out by personnel not authorized by Timo Pagel IT Consulting.
    6. For services and products that have been ordered by customers explicitly without any guarantee, all rules that assure the customer warranty or compensation claims are waived.
    7. If the examination of a defect notice, that warranty does not apply, Timo Pagel IT Consulting is entitled to demand compensation for all expenses. Costs of inspection and repair or reconfiguration are calculated at the applicable rates of services of Timo Pagel IT Consulting.

  7. Special Rules for Software
    1. Right of use
      1. Against payment of the agreed on fee, the customer receives a non-exclusive and - if not covered by the license terms of the software differently - non-transferable right to use the licensed software. This right to use is for the personal use of the customer. Furthermore, the copyrights and regulations must be observed, which are valid for the included software packages by third parties.
      2. The use of the software for any purpose is determined by the customer. It is his own responsibility to use the software in an efficient and functional way.

    2. Warranty and Liability
      1. The warranty period for software created by Timo Pagel IT Consulting is six months from the date of installation. This warranty also applies in the context of the agreed services delivered, for correct installation of third party software by Timo Pagel IT Consulting, but not on the correctness of that software itself.
      2. The customer is aware that according to the state of the art, software errors can not be completely ruled out. Any verifiable errors produced by Timo Pagel IT Consulting software, that the customer immediately communicated to Timo Pagel IT Consulting in writing, will be eliminated by Timo Pagel IT Consulting within a reasonable period. Instead of troubleshooting, Timo Pagel IT Consulting may at his discretion make a different version of the software available. If the outcome of the investigation of malfunctions is that this was not due to a fault of the software, Timo Pagel IT Consulting can charge for the effort according to the current price list. The customer reserves the right to withdraw from several failed repair attempts under the statutory provisions of the treaty on software. Further claims are excluded, especially the resignation from software does not touch the efficacy of other contracts.
      3. The correctness of operating systems and databases, and software and hardware products and components produced by a third party, is not covered by Timo Pagel IT Consulting’s warranty.
      4. In the case of software not exclusively produced by Timo Pagel IT Consulting, the complementary terms and conditions of the other manufacturers apply that come with the software in the form of licensing agreements.

    3. Industrial property rights and copyrights of third parties
      1. Timo Pagel IT Consulting grants no warranty that the products don’t interfere with alleged intellectual property rights or copyrights of third parties, such as “software patents”. The customer has to inform Timo Pagel IT Consulting of all charges against him for such claims, promptly and in writing.

    4. Liability
      1. Timo Pagel IT Consulting can be held liable only for intent and gross negligence. Any other compensation claims are excluded. Timo Pagel IT Consulting is also not liable for any indirect damages, consequential damages, damages for breach of contract or loss of profit.
      2. The liability of Timo Pagel IT Consulting for features guaranteed in written form, remains unaffected by the foregoing limitations under the provisions of product liability law.
      3. Liability is limited to the contract value.

    5. General Provisions
      1. The customer is not entitled to transfer his rights under the contract.
      2. Place of performance and jurisdiction for clients in accordance with par 24 AGBG/DE is Hamburg, Germany.
      3. Only German law applies. The Uniform Sales Act (EKG), the Uniform Contract Law (EAG) and the CISG are excluded.