Terms and Conditions
1. Validity of the General Commercial Terms and Conditions
1.1. The contractual relationship between SYCUBE Informationstechnologie GmbH, hereinafter SYCUBE, and the customer shall be subject exclusively to these General Commercial Terms and Conditions. Any deviating agreements shall only take precedence over the General Commercial Terms and Conditions if they were laid down in writing and explicitly accepted by SYCUBE.
1.2. The General Commercial Terms and Conditions shall also apply to any future business conducted between SYCUBE and its customer, even in the event that no further explicit reference is made thereto.
1.3. The application of General Commercial Terms and Conditions of the customer is hereby excluded. SYCUBE is not obliged to express its opposition towards any conflicting General Commercial Terms and Conditions of the customer.
2. Tenders and Conclusion of Contract
2.1. Tenders shall only be considered valid by Sycube upon written acceptance or fulfilment. In the case of an ongoing business relationship, Sycube is also not obliged to express its opposition to an accepted tender. The offeror is bounded by its offer for 4 weeks.
2.2. Tenders issued by SYCUBE remain subject to change, even if they are not explicitly designated as such. Sycube is therefore entitled to amend or withdraw its tender at any time prior to the conclusion of a contract.
2.3. All cost estimates are not binding upon Sycube. Sycube is not obliged to provide notification in the event that cost estimates are exceeded. In the event that SYCUBE indicates that cost estimates are to be exceeded, this shall be deemed to be approved by the customer, unless the customer expresses its objection in writing within 5 days of the notice and gives details of more cost-effective alternatives.
2.4. All information in brochures, catalogues, advertisements, price lists, etc. is not binding. SYCUBE reserves the right to make amendments at any time. All claims based upon these details, particularly the warranty and damage claims are mutually excluded.
3. Prices and Terms of Payment
3.1. All prices are exclusive of VAT at the statutory rate.
3.2. All payments are due within 10 days of receipt of invoice without deduction. Payment default shall occur automatically, without any further notification being required.
3.3. In event of a payment default, the contracting parties shall be entitled to apply default interest at a rate of 12% p.a. SYCUBE is entitled to employ a debt collection agency or seek legal advice to the recover the claims outstanding. The customer undertakes to pay SYCUBE all costs arising therefrom.
3.4. In event of payment default, SYCUBE shall be entitled to prematurely terminate the contractual relationship, whether for a fixed or indefinite period of time, after a grace period of 2 weeks, with immediate effect. SYCUBE has the optional right to terminate the service provided following a grace period of 7 days. The obligation to pay the agreed amount shall remain in this case. Other rights of SYCUBE to immediately terminate the contract or suspend the services offered to or provided by SYCUBE, with particular reference to other provisions in these General Commercial Terms and Conditions, shall remain unaffected.
3.5. The offsetting of any claims outstanding against SYCUBE is excluded, unless the alleged outstanding claims have been explicitly accepted in writing by SYCUBE.
3.6. In the event that the customer raises no written objections to the invoice within 2 weeks of receipt of the invoice, the basis and amount of the invoice shall be deemed to have been accepted.
3.7. All goods delivered by SYCUBE shall remain property of SYCUBE until full payment of claims outstanding is received.
4. Warranty and Liability
4.1. The warranty for goods and services provided by Sycube shall be restricted to repair. Redhibition action or price reduction are mutually excluded.
4.2. Warranty claims against SYCUBE must be asserted within 6 months of delivery.
4.3. In the event that SYCUBE obtains goods or services, SYCUBE shall not be obliged to subject the products to testing in order to safeguard its rights against the supplier. SYCUBE shall be entitled to notify the supplier in writing of any defects discovered within 12 months (notice of defects).
4.2. The liability of SYCUBE for minor negligence and indirect damage, especially for consequential damages including loss of data or loss of profits, is generally excluded
5. Rights of Retention
The customer's rights of retention as well as the invokement of a plea of non-fulfilment of contract against SYCUBE are excluded.
6. Applicable Law and Jurisdiction
Austrian law shall apply. All disputes arising from or relating to contracts between SYCUBE and the customer shall be heard by the competent court of the jurisdiction in which the registered office of SYCUBE is located.