1. General

All work and delivery is covered by these terms and conditions. Departure from these must be defined in writing. The bill of sale is valid only if the purchase is accepted in writing (email is sufficient) by Cleware GmbH. When opening the packing the customer accepts the copyright and the guaranty terms of the Cleware GmbH.


2. Statements and Offers

Statements and offers are subjects to alternation. Contracts and statements must be accepted in a written statement from the Cleware GmbH. All drawings, size, etc. may differ slightly.


3. Delivery period

Delivery periods must be defined in writing. The delivery period extends if unforeseen things happen. There will be no compensations for delayed delivery.


4. Prices and terms of payment

The prices are shown in Euro and do not include shipping costs. The prices include the german sales tax. The sales tax will be subtracted if the customer sends his sales tax identification number. Foreign and first time customers always must pay in advance.

When shipping is send with an invoice, the payment must be done within 7 days. In case of arrears, interest must be payed 5% above the interest rate of the EZB. In this case, the Cleware GmbH will not ship to this customer anymore. There is no compensation for that case.


5. Reservation of proprietary rights

The Cleware GmbH reserves the proprietary rights until the complete amount of bill is received.


6. Resale

Resaling needs the written permission from the Cleware GmbH. The export to the USA is forbidden due to liability reasons.


7. Shipment and transfer of perils

The kind of shipment is decided by Cleware GmbH. The shipment costs are payed by the customer.

Transportation damage must be confirmed by the forwarder. In case of invisible transportation damages the forwarder must be notified immediately and a written confirmation is needed. The damaged goods must be returned to Cleware GmbH including the written confirmation of the forwarder. After receiving the damaged goodes, Cleware GmbH will send a replacement.

Unfranked returns will not be accepted! The Cleware GmbH will refund the shipment costs after receiving the goods.


8. Right of return

The Cleware GmbH grants private people the right of return for a period of two weeks. Those people may return the goods within two weeks after the delivery. The goods must be send to

Cleware GmbH, Nedderend 3, D-24876 Hollingstedt, Germany.

The returned goods must be in an unmodified state. The original packaging must be used. In case of damaged or soiled goods, the Cleware GmbH reserves the right of compensation.

Unfranked returns will not be accepted! The Cleware GmbH will refund the shipment costs and the received payment after receiving the goods.


9. Limitation of use

It is strongly prohibited to use any of the Cleware devices

• in medical application
• production or processing of food
• if the failure of the product may harm people
  

10. Data processing

The data needed for doing the business will be stored on and processed by computers.


11. Guarantee and exclusion of liability

Cleware GmbH states that the goods are free of errors as defined by the state of the art. Anyway the customer is aware of the fact, that software is never free of errors. As long as these errors doesn't limit the use of the product very much, these are not a fault.

The guarantee is void in the case of improper use, storing or operating. Improper use includes the usage described in "9. Limitation of use". The guarantee is also void if the products was opened or modified.

The customer has to check the goods immediately after receipt. Obvious faults must be declared to Cleware GmbH immediately, in one week at the latest.

Cleware GmbH will fix the fault or send a replacment. The customer is committed to return the goods to Cleware GmbH. In any case the customer is committed to describe the fault in detail and send this report to Cleware GmbH.

Before installing the software or connectiong the device, the customer is committed to backup the computer data. In case of the lost of data the Cleware GmbH will not be liable.

Any other liability is excluded no matter for what legal reason. This is not the case in terms of gross negligence or the intent of Cleware GmbH.


12. Miscellaneous

If any parts of this terms are invalid, the other part will be not effected.


13. Place of contract fulfillment and court of jurisdiction

Place of contract fulfillment and court of jurisdiction for any obligations of the contract is
D-24876 Hollingstedt in Germany.

29.11.2002

Cleware GmbH
Nedderend 3
D-24876 Hollingstedt
Germany
Managing director: Wilfried Söker
AG Schleswig HRB 1203