office@general-solutions.at
+43 (0) 5442 61016
T&Cs

General Terms and Conditions

1. Subject of Conditions 
The subject of conditions is the allocation of standard software and other software products developed by the General Solutions Steiner GmbH Company, hereinafter referred to as “Programs” as well as the support of the purchaser when applying the software by the vendor (hereinafter referred to as the “Licensor” or “GS”).

2. Scope of Services
The Programs are allocated to the user including verbal program descriptions and operating instructions. Recording of master data and similar preliminary work as well as providing the possibly required data media are not included in the scope of services.

3. Services upon Extra Charge
The Licensor shall deliver the following services to his capabilities upon requirement of the user and on the terms applicable at the time: installation, instruction, assistance via remote supervision and phone as well as consulting with debugging after the expiry of the warranty period. During such services, the user is in charge for the complete service package, the supervision and the responsibility for the work, which is assisted by the Licensor’s employees. Autonomous programming by the Licensor is not regarded as a support in the sense of these terms. The services mentioned above shall be recorded and charged separately. The user must confirm such services in writing.

4. Cooperation of the User 
The user reimburses the Licensor for additional expenses concerning works, which have to be repeated due to incorrect or amended information provided by the user. The user will ensure that technically competent staff trained in the operation of equipment and software will be available no later than at the time when a program is to be handed over. The user agrees that the Licensor has the right to store and process personal data in accordance with the Data Protection Law, to the extent required for executing the standard agreement on granting rights of use on user software.

5. Implementation
The Licensor’s work is normally performed during business hours in the premises of the Licensor or in exceptional cases and upon agreement in the premises of the user. In the latter case, driving times and travelling costs shall be charged separately. The Licensor is entitled to commission subcontractors with the execution of the work. The user is granted the right to use the programs together with the program documentation provided by the Licensor for himself. The user is not entitled to perform modifications, extensions or to intervene in any other manner in the software. All rights to programs and documentation, both to the originals and to copies, remain with the General Solutions Steiner GmbH Company.
The transfer of rights arising from this agreement to third parties, in particular the dissemination of a program or program documentation (whether in original or copies), requires the prior written consent of the Licensor. In case of any infringement by the user causing damages due to inappropriate use of the programs, GS reserves the right to charge a contractual penalty of EUR 29,000.00.

6. Terms of Payment
The prices for programs of the General Solutions Steiner GmbH Company are without VAT. Costs of travels to the user’s place deemed necessary by the Licensor as well as additional costs for extra services performed by the Licensor, shall be charged separately. Invoicing shall be conducted after service provision. Invoices are payable within 8 days without deduction, either after billing or at the agreed terms of payment, to the bank account indicated by GS. If payment is delayed, GS will charge default interest in the amount of 12 % p.a. For each reminder, GS is entitled to charge an amount of EUR 11.00 plus VAT. Moreover, GS has the right to authorize the KSV of 1870 (Association for the Protection of Creditors) or a licensed collection agency to encash outstanding and due claims. The respective contract partner is obliged to pay all costs resulting therefrom.

7. Warranty
The user understands that errors of the software and associated other material cannot be ruled out according to technological standards. The Licensor debugs programs free of charge within a reasonable period. If the Licensor does not determine any defects in the program, the user pays the cost for the testing, particularly in the case of operating errors. The warranty does not apply, if the user himself modifies such programs or program sections.

8. Extent of Liability 
GS is exclusively liable for the quality, performance, usability or suitability of the program for the appropriate commercial application. No liability or warranty whatsoever is accepted regarding program handling and/or results of the program usage concerning correctness, accuracy or similar.

9. Risk Assumption during Shipment; Handling Fee 
Shipping method and/or dispatch route are subject to the choice of GS. The buyer shall be liable for any risk starting at the time when the program is dispatched. A period of delivery eventually agreed upon is regarded to be maintained, when GS dispatches the program within this deadline. All shipments, including return deliveries, shall be made for the account of and at the risk of the customer. All prices indicated by GS are without VAT, packaging, transport and possible insurance.

10. Reservation of Title 
GS retains the title of ownership to the delivered software program until the customer has paid the purchase price in full. Even after full payment of the purchase price, programs of GS must not be sold, rented or gratuitously provided to any third party.

11. Disclaimer
GS does not take any responsibility for damages or losses resulting from direct or indirect consequential damages, which arise from the usage and/or improper usage of the program, even if the customer has notified GS about the eventuality of such damages. This shall also apply to possible claims asserted by third parties.

12. General Provisions 
GS guarantees that the delivered hardware is free from material and manufacturing defects. The user and/or customer acknowledges that the program, the manuals and other accompanying material are the property of GS and that the user and/or customer purchases only a right of utilization to it. 

13. Jurisdiction Agreement
Any legal disputes arising from legal transactions between the General Solutions Steiner GmbH Company and the user/customer, regardless of the amount in controversy, shall be exclusively subject to the jurisdiction of the District Court of Landeck, which is agreed to be the local and competent court.

14. Imprint
The General Solutions Steiner GmbH Company reserves the right to appear as the developer of all developed software applications. This provision contains at least the indication of the company name „General Solutions“.

 

Maintenance Conditions

1. Subject of the Conditions 
Subject of these conditions is to maintain the programs of the General Solutions Steiner GmbH Company, hereinafter referred to as “GS Programs”.

2. Scope of Service
a) Maintenance 
As a rule, we maintain the latest version of GS programs. Maintenance services contain the elimination of program defects, for which the warranty is not applicable any more, as well as continuous improvement of the programs concerning their organizational processes.
b) Assistance
GS will inform the user about complementary software products, which are related to the maintained program.
 
3. Services upon Extra Charge
Besides the price of the program, costs of transport, installation and training are charged separately. If the customer asks for services that are not included in the maintenance agreement, they will also be charged separately. 
  
4. Implementation
As a rule, the work is performed during business hours in the premises of GS or in exceptional cases in the premises of the user. In the latter case, driving times for round trip travels are charged separately.

5. Terms of Payment
The monthly maintenance fees are payable upon delivery of service and on receipt of the invoice.
Maintenance works are charged in advance for the rest of the current year and from the subsequent year for 12 months in advance. If maintenance works are performed in the premises of the user as an exception, they are charged separately. All prices are without VAT.
Invoices for maintenance works are payable within 8 days after billing date without deduction to the bank account indicated by GS. If payment is delayed, GS shall charge default interest in the amount of 12 % p.a. For each reminder, GS is entitled to charge an amount of EUR 11.00 plus VAT. Moreover, GS has the right to authorize the KSV of 1870 (Association for the Protection of Creditors) or a licensed collection agency to encash outstanding and due claims concerning maintenance expense. The respective contract partner is obliged to pay all costs resulting therefrom.
 
6. Warranty
GS eliminates defects with programs maintained by GS free of charge within a reasonable period. If testing does not show any defects caused by GS, the user pays the cost for the testing (including incidental expenses). This is also valid for defects caused by operating errors of the program user. The warranty does not apply, if the user himself modifies such programs or program sections. If GS repeatedly fails to rectify the defects, the user is entitled to cancel the maintenance contract. Further claims of the user against GS are excluded, particularly such of damages caused by improper program usage.  

7. Liability
GS is not liable for the loss or incorrect processing of data. In the case of data theft or concentrated hacking attacks, no liability claim whatsoever is accepted. GS accepts only such liability claims resulting explicitly from these conditions. The user shall indemnify GS and hold them harmless from and against claims of third parties.

8. General Provisions
Deviating or additional agreements to the provisions mentioned before only become valid in form of an additional written agreement. Place of jurisdiction is Landeck or Innsbruck, depending on the requirements of GS. These provisions are subject to Austrian law.
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General Solutions
Steiner GmbH
Bruggfeldstrasse 5/III   |  
6500 Landeck   |   Österreich
Fax: +43 (0) 5442 61016 14 | 
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