§ 1 Validity of terms and conditions
(1) Exclusively these general contract terms, unless Vertragsinhaltlich apply to the sale of Internet solutions and for the pre-contractual obligations in business traffic, although Lambrecht Web design does not expressly contradict them.
(2) Also if when similar agreements on this again, only the general terms and conditions of Lambrecht Web design apply in their indication of the Declaration of the customer under http://www.lambrecht-webdesign.de/Lambrecht-Webdesign_agb.pdf of callable version, unless the parties agree otherwise in writing.
(3) Apply for providing Internet solutions complement the §§ 433 ff. BGB. For additional services (such as training, setting up of networks, email client installations and facilities) are in addition the §§ 611 et seq. BGB.
§ 2 Conclusion of the contract
(1) By Lambrecht webdesign offers are subject to confirmation and non-binding, unless the offer is referred to in writing as binding. A legal binding comes only through on both sides signed contract or written order confirmation by Lambrecht webdesign concluded, also by the fact that Lambrecht Web design begins with the provision of contractual services. A contract due to the confirmation of order is concluded even if the deposit specified in the offer.
(2) There are separate contracts to close for the delivery and performance of different nature (e, setting up and installing software).
§ 3 Prices
Unless otherwise specified, the seller is bound at the rates contained in its 30 days from the date. Otherwise, the prices referred to in the confirmation of order of the seller, plus the respective statutory value-added tax are decisive. Additional deliveries and services are calculated separately...
§ 4 Payment
(1) Unless otherwise agreed, the seller's invoices are payable 10 days after invoicing without deduction. Down payment invoices and discount accounts are immediately due after receipt of the invoice.
(2) A payment is deemed effected only if the seller can have the entire amount. In the case of checks the payment is deemed only then takes place, if the cheque is cashed irrevocably.
(3) The buyer is only entitled to set-off, retention or reduction, even if notice of defects or counterclaims are asserted, if the counterclaims are undisputed or legally determined.
§ 5 Contract, scope of services
(1) Subject matter is providing the Internet solution and the granting of the right of use.
(2) Authoritative for the scope, type and quality of delivery and performance is Web design, otherwise the offer of Lambrecht Web design on both sides signed order confirmation by Lambrecht. Other information, requirements, changes in the scope of services are only part of the contract if the parties agree in writing on this or Web design has been confirmed in writing by Lambrecht.
(3) The customer receives the Internet solution/application to an Internet server that is provided by the customer and appropriate.
(4) Lambrecht Web design provides all supplies and services to the State of the art.
§ 6 Retention of title
Bis zur Erfüllung aller Forderungen bleiben die Applikationen, Grafiken sowie sämtliche Nutzungsrechte Eigentum von Lambrecht Webdesign. Lambrecht Webdesign bleibt bis zur vollständigen Bezahlung alleinberechtigt, und kann das Nutzungsrecht des Käufers wiederrufen. Mit vollständiger Kaufpreiszahlung gehen die Nutzungsrechte auf den Käufer/Kunden über. Der Käufer/Kunde ist nicht berechtigt, die Rechte und Applikationen an Dritte zu veräußern oder sonst wie zu übertragen, es sei denn Lambrecht Webdesign erklärt schriftlich ihre Zustimmung.
§ 7 Liability
(1) Claims for damages are independent excluded by the nature of the breach of duty including tort, if there is not intentional or grossly negligent action.
(2) Case of violation of essential contractual obligations, the seller for any negligence is liable only up to the amount of the foreseeable damage. Claims for loss of profits, saved expenses from the damages of third parties as well as on other indirect consequential damages may not be required, unless for a quality characteristic guaranteed by the buyer just aims to protect the buyer against loss or damage.
(3) The limitations of liability and exclusions in paragraphs 1 and 2 apply for claims incurred due to fraudulent conduct of the seller as well as the liability for guaranteed characteristics, for claims under the product liability Act.
(4) As far as the liability of the seller is excluded or limited, this also applies to employees, workers, representatives and vicarious agents of the seller.
§ 8 Contract and termination
(1) The end of another Exchange of services (e.g. in the case of resignation, termination for important reasons, reduction or compensation instead of performance) must be threatened always under name of reason and with the deadline to remove (usually at least two weeks) and can be explained only within two weeks after the deadline. In the cases of section 323 paragraph 2 BGB can account for the deadline.
(2) All statements in this respect shall be in writing.