Terms of trade
motion analysis solutions
Managing Director: Björn Gustafsson
Court of record: Amtsgericht Hamburg
Commercial Register: HRB 89496
Tax number: 48/713/01552
VAT- ID number: DE 235922386
BANK ACCOUNT DETAILS
Account name: currex GmbH
Bank name: Deutsche Bank
Bank Adress: Rathausplatz 1, 24103 Kiel, Germany
IBAN: DE 61210700240037551900
In accordance with § 6 MDStV - Germany’s Interstate Media Services Agreement: Björn Gustafsson
COPYRIGHT OF ARTWORK
GENERAL TERMS AND CONDITIONS OF THE CURREX GMBH
1.1. All transaction shall be concluded on the basis of these terms and conditions. They shall also apply to all future transactions, even in the event that they were not expressly agreed upon again. Inclusion agreements concerning the terms and conditions of third parties are herewith contradicted with immediate effect.
1.2. Purchase orders are only legally binding if they are confirmed in writing. Ancillary agreements, alterations, amendments and representations with regard to characteristics are only valid if we confirm them in writing.
2. Subject matter
2.1. Delivery of software, hardware and accessory components for the analysis of athletes' movements.
2.2. Services and training for the software delivered.
3.1. Unless otherwise expressly agreed upon, our prices are calculated as of our operations, exclusive packaging, freight insurance and transport plus the respectively applicable VAT.
4. Scope of software delivered
4.1. The software is provided with an instruction manual.
4.2. The software is to be accepted without delay after delivery by signature of a acceptance certificate (package deliverer). In the event that the customer does not sign the acceptance certificate, the software shall be deemed to have been accepted after four (4) weeks have passed since the actual delivery.
4.3. Training for the customer is – subject to express agreement to the contrary – available for an extra charge.
5. Duties of cooperation for the software
5.1. The customer is obligated to provide all of the information that we have declared to be necessary in order to fulfill our contractual obligations and/or are required by us.
5.2. Additional costs that become necessary as a result of incorrect information provided by the customer shall be borne by the customer. The same applies to delays.
5.3. The customer is obligated to follow the instructions with regard to installation, maintenance and repair; the costs resulting from not adhering hereto shall also be borne by the customer during the warranty period.
6. License agreement / Maintenance agreement for software
6.1. License and maintenance agreements are stipulated in the purchase agreement for the first year following acceptance of the first delivery.
6.2. Afterwards, the service and maintenance agreement shall be automatically extended for an additional year, unless it is terminated in writing longer than three months before the end of the one-year period under number 6.1 of these terms and conditions.
7. Guarantee and liability for software
7.1. Should the software not meet the contractual scope of delivery, the customer must notify us without delay and in writing. Warranty is given in the form of free subsequent improvement free of charge. The warranty period is one year beginning with the acceptance of the delivery.
7.2. In the event that subsequent improvement is not successful, in spite of two attempts, the customer may either reduce the amount paid or to rescind the purchase agreement for the respective software. As regards the above mentioned rights, the customer does not have a right of retention with respect to claims that do not relate to the subject matter of the agreement.
7.3. Claims for damages on the grounds of impossibility of performance, non-performance or default are precluded inasmuch as the damages were not caused with intent or as a result of gross negligence or to the life, body or health of another person.
8. Warranty and liability for hardware and accessories
8.1. Subject to the following particularities, the stipulations under number 7 of these terms and conditions shall also apply to the warranty for hardware and accessories.
8.2. The warranty shall not apply if the customer attaches an unauthorized accessory or has repairs carried out by unauthorized personnel.
8.3. The delivery is to be examined for transport damages without delay after it arrives at the customer. We are to be notified immediately of any damages or losses. We must also be notified of obvious defects in writing and without delay, at latest, however, within two (2) weeks after delivery. The defect goods are to left in the original state and stored for inspection. Non-adherence to the duties above shall make invalid any warranty claims.
8.4. As regards the above mentioned rights, the customer does not have a right of retention with respect to claims of the supplies that do not relate to the subject matter of the agreement.
9.1. Delivery deadlines are not binding. Partial deliveries are allowed.
9.2. The extended liability under § 287 BGB (German Civil Code) is excluded.
10. Shipping and transfer of risk
10.1. The risk of accidental destruction transfers to the customer when the purchased item is handed over to the party transporting said item or it has left the warehouse to be sent. In the event that the customer desires the delivery to be postponed, the risk shall pass to the customer at the time it is indicated that said item is ready for shipping.
11. Retention of title
11.1. The supplier retains title to the goods until all outstanding amounts have been received that are due from the transactions with the customer.
12.1. We reserve the title to and copyright on all presentations, logos, designs, illustrations or other documents to the farthest extent possible; they may only be made available to third parties if we agree thereto. Copying the media and distribution to third parties is not allowed.
12.2. The transfer of the usage rights must be made in writing.
13.1. Invoices are due without reductions upon receipt of said invoice.
13.2. In the event of default, interest amounting to at least 8% over the respective ECB base rate will be charged. The interest is due immediately.
13.3. In the event that the customer falls into arrears with payments or circumstances become known that give reason to doubt the customer’s credit worthiness, the remaining amount shall become due immediately.
13.4. The customer is only entitled to set off if the counterclaim is uncontested or has been recognized by final declaratory judgment.
14. Place of performance, place of jurisdiction and partial invalidity
14.1. The place of performance and place of jurisdiction is where the company is domiciled.
14.2. Should one or more of the conditions above be or become invalid, the validity of the rest shall remain unaffected thereby. The invalid condition is to be replaced by a valid condition that realized the intended economic purpose to the farthest extent possible.
Design & Code: freshlabs, Hamburg
Photos: currex GmbH, Frank Wechsel, Marc Bauer