General Terms and Conditions
1. Scope of General Terms and Conditions
1.1. The contractual relationship between SYCUBE Informationstechnologie GmbH, hereafter referred to as SYCUBE, and the customer shall be based solely on the following terms and conditions. Differing regulations shall require written form and explicit acceptance by sycube.
1.2. The General Terms and Conditions shall also apply to future business transactions between SYCUBE and the customers, even without further explicit reference hereto.
1.3. The application of the customer’s General Terms and Conditions is herewith excluded. SYCUBE is not obliged to explicitly disagree with conflicting general terms and conditions of the customer.
2. Offers and Conclusion of contract
2.1. The offers received by SYCUBE are accepted solely via written acceptance declaration or by order completion. SYCUBE is not obliged, not even in the case of the existence of a permanent business relationship, to explicitly disagree with any incoming offer. The bidder is bound by the offer for a time period of 4 weeks.
2.2. All offers by SYCUBE are always non-binding, even if they are not declared as such. SYCUBE is thus entitled to modify or revoke its offers up to the conclusion of the contract at any time and in any desired way.
2.3. All cost estimates of SYCUBE are non-binding. SYCUBE is not obliged to inform the other party in the case of cost overrun. If SYCUBE is informing about the cost overrun, it is considered as approved by the client, if the latter does not disagree and at the same time inform SYCUBE in writing about a more cost-effective alternative within 5 days after this notification.
2.4. All pieces of information in brochures, catalogues, advertisements, price lists etc. are non-binding. SYCUBE reserves its right to amend them at any time. All claims due to such information, in particular warranty or indemnity claims, are excluded by mutual agreement.
3. Rates and Terms of Payment
3.1. All prices shall be quoted excluding statutory VAT.
3.2. All payments shall be due upon receipt of invoice and payable without deduction within 10 days. Delay in payment occurs without any additional warning being given.
3.3. In case of default of payment, the contractual parties agree interest rates in the amount of 12% p.a.. SYCUBE is entitled to seek legal counsel to claim for the outstanding debt. The client commits him/herself to refund all costs arising from it.
3.4. In case of default of payment, SYCUBE is entitled to prematurely cancel the contractual relationship with immediate effect, whether for a determined or an undetermined period of time, by setting a grace period of 2 weeks. SYCUBE has the right, at its discretion, to interrupt the offered service or rather its services by setting a grace period of 7 days. The obligation to pay the agreed amount remains valid in this case. Other rights to immediately terminate or interrupt the service by SYCUBE, in particular according to other provisions in this general terms and conditions, shall remain unaffected.
3.5. The compensation with other outstanding demands vis-á-vis SYCUBE is excluded, unless the alleged outstanding demands are explicitly recognized by SYCUBE in writing.
3.6. Provided that the client raises no written objections within 2 weeks from the receipt of the invoice, the invoice is deemed accepted as regards both the grounds and the amount.
3.7. All goods provided by SYCUBE shall remain in the property of SYCUBE until the full payment of the outstanding demand.
4. Warranty and Liability
4.1. The warranty of goods and services by SYCUBE is limited to improvements. A rescission of sale or reduction in price is excluded by mutual agreement.
4.2. Warranty claims towards SYCUBE must be legally asserted within six months following the delivery.
4.3. If SYCUBE obtains goods or services, SYCUBE is not obliged to review the goods in order to protect the rights vis-á-vis the supplier. SYCUBE is entitled to inform the supplier within 12 months and in a written form (notice of defects) about discovered defects.
4.4. Liability by SYCUBE for slight negligence and indirect damages, especially consequential damages including loss of data and lost profits are generally excluded.
5. Right of retention
The right of retention as well as the plea of non-performance or incomplete performance of the contract towards SYCUBE are excluded.
6. Applicable law and place of jurisdiction
Austrian Law shall apply. All disputes arising from the contract between SYCUBE and the customer, shall be dealt with by the responsible court at the headquarter of SYCUBE.