Terms & conditions
1) General conditions of validity
The following conditions are expressly acknowledged by the Contracting Parties. They form the basis of the agreement concluded between the parties, which refers to them. Deviations from these conditions require the written confirmation by Bucher GmbH to be effective.
2) Granting of a license
This License Agreement grants the Client the right to use a copy of the Product purchased under this License on a single computer provided that the Software is used at any time on a single computer. In the event of a breach, Bucher GmbH may terminate the license without notice.
3) Prices and payments
The prices are valid depending on the price list including VAT (for example in Germany) or also excluding VAT (for example, at companies or abroad). Payments shall be due without deduction within one week of receipt of the delivery and shall be transferred to a bank account of Bucher GmbH. In the case of delays, Bucher GmbH reserves the right to cancel the order, as well as interest on arrears amounting to 3% above the respective Bundesbank discount rate. The set-off with alleged counter-claims and the assertion of an alleged right of retention are not permissible.
The agreed delivery dates are indicative data that Bucher GmbH is endeavoring to comply with. Partial deliveries are permissible if they are functional alone. If the delivery is delayed for reasons beyond the control of Bucher GmbH, in particular by force majeure, the agreed delivery time shall be extended by the period necessary to remedy the delay. If the delay lasts longer than six months, each contracting party may terminate the contract without notice. If the delivery becomes objectively impossible or if it becomes clear that unforeseen problems can not be solved with reasonable effort, both parties can withdraw from the contract to the exclusion of substitute claims. The delivery of the contract object is carried out in the normal way ex-factory. A different shipping method is possible against reimbursement of additional costs. With the delivery, the risk passes to the customer.
5) Retention of title
Until full payment of all outstanding invoices from the business relationship of the parties, all delivered products remain the property of Bucher GmbH.
6) Warranty and liability
For software of own production, Bucher GmbH guarantees the basic functionality of the programs within the scope of the program description. This also applies to any hardware supplied. However, for the general functionality of the hardware and software, which is not produced by Bucher GmbH, the warranty provisions of the respective manufacturers are decisive.
If the client wishes other services, they will be checked and billed separately after written confirmation of the order.
Error-freeness or the ability to remedy any errors does not guarantee Bucher GmbH. However, if a software or hardware error not only negligibly reduces or excludes the contractual use, Bucher GmbH undertakes to correct the error for a period of 6 months from the date of delivery. Bucher GmbH can choose between hints for troubleshooting or bypassing and installing an improved version. On request, the customer has to provide the program, the hardware and test data available. If a subsequent improvement is impossible or if it is refused by the Bucher GmbH or culpably delayed, the customer can withdraw from the contract. Defective deliveries will be replaced, provided that Bucher GmbH is given a legitimate complaint within 10 days of delivery. Any kind of liability for direct or indirect damages of material or immaterial nature resulting from the contractual use of the software or hardware is not accepted by Bucher GmbH. A similar exclusion of liability also applies to the suitability of the software and hardware for the fulfillment of a specific purpose. If the contracting entity or third parties make changes or repairs without the consent of the company, any warranty is excluded. For hardware supplied by Bucher GmbH, Bucher GmbH is only obliged to provide warranty under the terms of the respective manufacturers. Deviations require an agreement between all parties to their effectiveness. Claims for damages against Bucher GmbH are excluded, in particular also for direct or indirect consequential damages, if not the Bucher GmbH can be proven intentional or gross negligence.
Interested parties can test the products of Bucher GmbH for 4 weeks. The costs for the tests are published on the Internet. If a buyer chooses a product without testing it, a 30-day return is granted. In the event of a return, the invoice amount paid for the product by the customer will be refunded, less a processing fee of 200, - Euro. Transport and packaging costs must be borne by the client. If the product exhibits strong signs of wear or is damaged, the amount for repair is deducted from the amount to be refunded. In the case of a return, the client is obliged to delete the product software and the associated data on its data carriers.
Programs and other software provided by Bucher GmbH are protected by copyright. The granting of any right of use requires a special agreement.
The agreement grants the client a non-exclusive, non-transferable right of use in the programs and accompanying documentation. This is limited to the internal use along with the products for which the software has been delivered. All other rights to programs and documentation, including copies and subsequent supplements, remain with Bucher GmbH.
Copies may only be made for archival purposes and must be marked with a copyright notice. The client may only use it himself and only to secure the data. The contracting authority may use the programs on any of its suitable computers, but at the same time at the most in the number of licenses acquired.
The client may sell his license at any time, but he must announce this to the Bucher GmbH beforehand. It may not be a subsidized license from Bucher GmbH (for example, a second license purchased at half the price). In the case of a subsidized license, the client must first settle the surcharge for the regular license at Bucher GmbH. This also applies if the customer wishes to sell the fully paid initial license and keep the second license. In addition, he shall inform the purchaser of the "used license" of:
In order for the purchaser of a "used license" to use all the services of Bucher GmbH, which can be used in connection with the products, including all further developments of the products, he must pay a fee to Bucher GmbH depending on the age of the used license pay.
The fees are listed below:
License holder up to 1 year: The purchase costs for the used license buyer are 20% of the current price.
License fee up to 2 years: The purchase costs for the used license buyer are 30% of the current price.
License holder up to 3 years: The purchase price for the used license buyer is 40% of the current price.
Licensee from 3 years: The purchase costs for the used license buyer are 50% of the current price.
The respective valid price of the products is published on the Internet site.
For this, the new customer at Bucher GmbH receives an account in the Internet user center on the current Internet site of Bucher GmbH and has access to the latest program versions with all updates published since the release of the used license. All online services provided by Bucher GmbH (for example, collective broadcast) can also be used by the new customer. In addition, the fee includes a software maintenance contract for 1 year and a free hotline for 3 months. The client may no longer use the programs after the license has been handed over and must uninstall them.
The client allows the storage and processing of his personal data within the meaning of the Data Protection Act, insofar as this is advisable in the context of the implementation of this contract. Should a provision of these General Terms and Conditions be wholly or partly invalid, this shall not affect the validity of the remaining provisions. As a precaution, a provision shall be deemed to be agreed upon in this case, which shall be the closest to the contents of the invalid legally permissible.
This contract is subject to German law. The place of fulfillment is Heuchlingen. The exclusive jurisdiction for both parties, provided they are merchants, is Schwäbisch Gmünd.