General terms and conditions ..

1. 1.1
   These General Terms of Sale apply to all declarations of intent and acts similar to legal transactions in connection with the conclusion and performance of supply and service contracts between LEBERT Software Engineering GmbH & Co. KG and its customers.
2. 1.2
   The General Terms of Sale become part of the contract by express agreement or – if an express agreement is only possible with disproportionate difficulty owing to the nature of the conclusion of the contract and the customer agrees to their application – by conclusion of the respective purchase contract. If a customer is a business (Unternehmer) within the meaning of § 14 BGB (German Civil Code), the General Terms of Sale also apply to all future transactions without the need for a renewed incorporation agreement.

The purchase contract is concluded with:

LEBERT Software Engineering GmbH & Co. KG

Maybachstr. 15
63456 Hanau
Germany
HRA 92829
VAT ID: DE 271879851

General partner (personally liable):
LEBERT Verwaltungs GmbH
represented by: Dipl.-Inf. Hans Jörg Lebert

You can reach our customer service for questions, complaints and claims Monday to Thursday from 9 am to 5 pm, Friday from 8 am to 4 pm and Saturday from 10 am to 12 noon on +49 6181 96942-0 and by email at info@lse.cc.

1. 3.1
   All offers made publicly or publicly accessible by LEBERT Software Engineering GmbH & Co. KG are subject to change and non-binding. LEBERT Software Engineering GmbH & Co. KG considers itself bound by individual offers to individual customers for 10 days from the date they were drawn up.
2. 3.2
   A contract is concluded when we confirm the customer's order in writing or by email (order confirmation) or begin delivery.

We store the contract text. The customer receives the offer, the order confirmation and these terms and conditions; the terms and conditions in force at any given time can be accessed on this page at any time.

Our offers are aimed exclusively at businesses (Unternehmer) within the meaning of § 14 BGB. There is therefore no right of withdrawal for consumers.

1. 6.1
   All agreed prices are fixed prices. Unless expressly agreed otherwise, prices are exclusive of the VAT applicable at the time the contract is concluded and exclusive of the costs of packaging, insurance and shipping.
2. 6.2
   Special additional work beyond the services included in the contract and in the purchase price (e.g. commissioning work on site, installation of software) is charged separately and is payable at the latest upon completion of the work.
3. 6.3
   For deliveries which, under the contract, are to be made more than four months after conclusion of the contract, LEBERT Software Engineering GmbH & Co. KG is entitled to pass on interim cost increases (in particular price increases by upstream suppliers and carriers) to the customers concerned through corresponding price increases. If such a price increase exceeds 5% of the originally agreed price, the customer may withdraw from or terminate the contract within one week of notification.
4. 6.4
   Unless expressly agreed otherwise, payment is made, at the option of LEBERT Software Engineering GmbH & Co. KG, by advance payment, cash on delivery, invoice, bank transfer, direct debit or credit card. If the customer collects the goods, payment is made concurrently against handover of the goods. If later payment has been expressly agreed, it is due without further request for payment within two weeks of receipt of the invoice.
5. 6.5
   Unless the customer expressly specifies otherwise, the customer's payments shall, without prejudice to § 367 BGB, be credited first against the earlier and then against the later claims of LEBERT Software Engineering GmbH & Co. KG.
6. 6.6
   If the customer is in default of payment, LEBERT Software Engineering GmbH & Co. KG is entitled to charge default interest of 5 percentage points (for businesses: 9 percentage points) above the applicable base rate from the date of default. The right to claim further damages remains unaffected.
7. 6.7
   The customer only has a right of set-off or retention against claims of LEBERT Software Engineering GmbH & Co. KG insofar as the customer's claims are undisputed or have been finally established by a court.
8. 6.8
   Shipping costs depend on the quantity of goods ordered and the shipping method and will be clearly communicated to you before you place your binding order.

1. 7.1
   We state the delivery time in the offer or in the order confirmation.
2. 7.2
   Partial deliveries and partial services are permitted. Insofar as partial deliveries and services relate to an item designated separately in the contract, they are deemed to be an independent delivery or service.
3. 7.3
   Unless different delivery periods have been agreed in writing, LEBERT Software Engineering GmbH & Co. KG delivers no later than 30 days after conclusion of the contract or, if advance payment has been agreed, within 30 days of receipt of payment. If LEBERT Software Engineering GmbH & Co. KG cannot meet this delivery period, the customer must set LEBERT Software Engineering GmbH & Co. KG a reasonable grace period for delivery, beginning on the day of receipt of the written notice of default or, in the case of a delivery period determined by the calendar, upon its expiry. If LEBERT Software Engineering GmbH & Co. KG does not deliver by the end of the grace period set, the customer may withdraw from the contract. In this case, LEBERT Software Engineering GmbH & Co. KG will refund all payments already received; further claims of the customer against LEBERT Software Engineering GmbH & Co. KG are excluded, with the exception of claims based on intentional or grossly negligent breach of duty.
4. 7.4
   LEBERT Software Engineering GmbH & Co. KG is released from its obligation to deliver if the manufacturer has discontinued production of the goods ordered, if supply to it becomes permanently impossible through no fault of its own, or in cases of force majeure, provided that these circumstances only arose after conclusion of the contract. LEBERT Software Engineering GmbH & Co. KG will inform the customer of these circumstances without delay and refund any payments already received without delay; further claims of the customer against LEBERT Software Engineering GmbH & Co. KG are excluded.

1. 8.1
   Until delivery to the customer, LEBERT Software Engineering GmbH & Co. KG alone is entitled to determine unilaterally, from among several items of the same kind and equal value, the item(s) owed under the contract.
2. 8.2
   If the customer has ordered a specific item or if LEBERT Software Engineering GmbH & Co. KG has exercised its right of determination under clause 8.1, LEBERT Software Engineering GmbH & Co. KG may deliver another item of the same kind and equal value instead of the item owed, provided that this is reasonable for the customer, taking into account the interests of LEBERT Software Engineering GmbH & Co. KG.
3. 8.3
   Used items are deemed to be of the same kind and equal value if – irrespective of their external appearance – they come from the same manufacturer and meet the contractually agreed technical requirements.

1. 9.1
   All items delivered remain the property of LEBERT Software Engineering GmbH & Co. KG until all of the customer's liabilities arising from the business relationship have been paid in full. Any resale, pledging or transfer of these items by way of security requires the prior written consent of LEBERT Software Engineering GmbH & Co. KG.
2. 9.2
   Notwithstanding clause 9.1, the customer remains entitled to resell the items delivered in the ordinary course of business without the express consent of LEBERT Software Engineering GmbH & Co. KG. The claims arising from such a resale are hereby assigned by way of security to LEBERT Software Engineering GmbH & Co. KG, which accepts this assignment.
3. 9.3
   In the event of seizure, the customer is obliged to notify LEBERT Software Engineering GmbH & Co. KG of the seizure immediately so that it can take action against the seizure of the items subject to retention of title. The customer bears the costs of such action.
4. 9.4
   The customer must treat the goods subject to retention of title with care.
5. 9.5
   LEBERT Software Engineering GmbH & Co. KG is entitled to assign its right of ownership, its claims for the purchase price and remuneration for work, and the claims assigned in advance by way of security under clause 9.2 to third parties.
6. 9.6
   The customer must insure all items subject to retention of title against theft, fire and water damage at its own expense. For the insured event, the customer hereby assigns its claims against the insurer liable to pay to LEBERT Software Engineering GmbH & Co. KG, which accepts this assignment.

1. 10.1
   LEBERT Software Engineering GmbH & Co. KG provides warranty for the items sold exclusively in accordance with the following provisions.
2. 10.2
   Warranty for new items

   1. 10.2.1
      Unless the defect concerns the subject matter of a consumer goods purchase, the customer is initially only entitled to subsequent performance when purchasing new items. LEBERT Software Engineering GmbH & Co. KG may fulfil this claim, as regards the type of subsequent performance, at its own discretion by remedying the defect or by delivering an item free of defects. The customer must set LEBERT Software Engineering GmbH & Co. KG a reasonable grace period of at least one week for subsequent performance. If subsequent performance fails or is refused by LEBERT Software Engineering GmbH & Co. KG, the customer is entitled to reduce the purchase price or to withdraw from the contract. In this case, the parts replaced or goods exchanged for the purpose of remedying the defect must be returned to LEBERT Software Engineering GmbH & Co. KG; the customer must also pay compensation for the benefits derived.
   2. 10.2.2
      In the event of repair, the customer is obliged to keep the item complained about available on site for repair. If repair is not possible there and transport to LEBERT Software Engineering GmbH & Co. KG or to the manufacturer of the item is therefore necessary, the customer is obliged to make the items available for collection to LEBERT Software Engineering GmbH & Co. KG or to the carrier it designates. The same applies in the event of a replacement delivery.
   3. 10.2.3
      The warranty period begins with the delivery of the item to the customer and is one year from that date. In the case of a consumer goods purchase, the warranty period is two years.
3. 10.3
   Warranty for used items

   1. 10.3.1
      Where used items are delivered as agreed, warranty claims for defects of the purchased item and claims for damages due to defects of the purchased item are excluded, unless LEBERT Software Engineering GmbH & Co. KG has fraudulently concealed the defect or has expressly given a guarantee for the quality of the item. Used items within this meaning also include items that have been reworked and renewed by LEBERT Software Engineering GmbH & Co. KG.
   2. 10.3.2
      Insofar as a warranty has been expressly agreed or is to be provided under clause 10.3.1, the warranty period is two weeks from delivery to the customer. In the case of a consumer goods purchase, the warranty period, by way of derogation from sentence 1, is always one year.
4. 10.4
   Common provisions for new and used items

   1. 10.4.1
      Without prejudice to the obligations under clause 10.4.2, obvious defects must be notified to LEBERT Software Engineering GmbH & Co. KG in writing within 14 days of delivery at the latest. Externally visible damage to the transport packaging must be noted on the carrier's delivery documents and reported to LEBERT Software Engineering GmbH & Co. KG within 48 hours of discovery. If the customer fails to meet these obligations, no warranty claims exist in this respect.
   2. 10.4.2
      Any further statutory obligation to inspect and give notice of defects under §§ 377 et seq. HGB (German Commercial Code) remains unaffected. Insofar as the customer is personally subject to these provisions, notice of defects must be given no later than 48 hours after discovery of the defect, with a specific description of it.
   3. 10.4.3
      The warranty does not cover damage that arises after delivery to the customer through excessive wear, moisture, excessive room heating, other temperature and weather influences, inadequate maintenance or improper handling. Improper handling includes in particular any interference with hardware and/or software by the customer or by persons not expressly authorised to do so by LEBERT Software Engineering GmbH & Co. KG. The warranty is also excluded for defects caused by the use of unsuitable accessories, unless LEBERT Software Engineering GmbH & Co. KG is responsible for these effects. Furthermore, there are no warranty claims for wearing parts or consequential damage of any kind. Likewise, LEBERT Software Engineering GmbH & Co. KG assumes no warranty, either for hardware or for software, for compatibility problems caused by manufacturers other than those of the items delivered.

The risk of loss, damage and deterioration of the purchased item passes to the customer when the item sold is handed over to the carrier.

1. 12.1
   If the customer refuses to accept the item ordered or expressly declares before delivery that it does not wish to accept it, the seller is entitled to claim damages.
2. 12.2
   As damages, LEBERT Software Engineering GmbH & Co. KG may claim 20% of the agreed price without deduction, unless the buyer proves that no damage or only a lower amount of damage has been incurred. In all other respects, LEBERT Software Engineering GmbH & Co. KG reserves the right to claim demonstrably higher damage, for example in the case of custom-made products.
3. 12.3
   If the customer is in default of accepting the item ordered or does not accept it within 30 days of the agreed delivery date at the latest, LEBERT Software Engineering GmbH & Co. KG may charge 0.5% of the agreed price per month – but at least EUR 40 and at most 15% of the agreed price – for storing the goods. The customer remains free to prove in the individual case that storage costs were not incurred or not incurred in this amount.

1. 13.1
   Claims for damages by the customer due to breaches of duty are excluded irrespective of the legal grounds, in particular due to impossibility, default, breach of ancillary contractual obligations, defective performance, other obligations arising from the obligation relationship and tort. Sentence 1 does not apply:

   1. 13.1.1
      to damage resulting from injury to life, body or health, or to other damage based on an intentional or negligent breach of duty by LEBERT Software Engineering GmbH & Co. KG, one of its legal representatives or one of its vicarious agents,
   2. 13.1.2
      to other damage based on an intentional or grossly negligent breach of duty by LEBERT Software Engineering GmbH & Co. KG, one of its legal representatives or one of its vicarious agents, and
   3. 13.1.3
      to all damage based on the culpable breach of a primary contractual obligation by LEBERT Software Engineering GmbH & Co. KG, one of its legal representatives or one of its vicarious agents.
2. 13.2
   Where LEBERT Software Engineering GmbH & Co. KG is liable for damages, the amount of liability is limited to compensation for the typically foreseeable damage. Insofar as liability has been excluded or limited above, this also applies to the personal liability of salaried employees, employees, staff, representatives and vicarious agents. If, instead of damages in lieu of performance, the customer demands from LEBERT Software Engineering GmbH & Co. KG reimbursement of the expenses it has incurred in reliance on receiving the delivery or service (§ 284 BGB), these expenses are limited in amount to those that a reasonable third party would have incurred.

1. 14.1
   The place of performance for all obligations arising from the contracts concluded is Hanau.
2. 14.2
   Irrespective of the customer's registered office or place of residence and nationality, the exclusive application of the law of the Federal Republic of Germany is agreed. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. 14.3
   If the customer is a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), Hanau is agreed as the place of jurisdiction for all disputes in connection with the contract concluded.

LEBERT Software Engineering GmbH & Co. KG uses the data provided by the customer, such as name, address or telecommunications data, solely for the purpose of processing an order or for other contractual relationships with the customer.

For all documents provided to the customer in connection with the placing or processing of an order, in particular drawings and software programs created by LEBERT Software Engineering GmbH & Co. KG itself, the copyright remains with LEBERT Software Engineering GmbH & Co. KG. In this respect, the customer is only granted a non-exclusive right of use upon conclusion of the supply or service contract.

Additional, supplementary or deviating agreements must be made in text form (e.g. email). Individual agreements take precedence.

1. 18.1
   General terms and conditions of the customer that contradict or supplement the content of these General Terms of Sale only become part of the contract insofar as LEBERT Software Engineering GmbH & Co. KG has expressly agreed to them.
2. 18.2
   If conflicting terms and conditions lead to the supplementary application of non-mandatory statutory provisions, the retention of title under clause 9.1 remains unaffected.

Should one or more provisions of these General Terms of Sale be or become invalid, both the contract and the remaining General Terms of Sale remain valid. The customer and LEBERT Software Engineering GmbH & Co. KG undertake to replace the provision concerned with provisions that correspond economically to the purpose of the contract.