1. material scope of application

1.1 These GTC form the basis of all contracts concluded by Roxtra GmbH.

1.2 These GTC shall also form the basis of all future services, even if their inclusion is not expressly agreed again.

1.3 The General Terms and Conditions of Roxtra GmbH shall apply exclusively. Conflicting GTC shall not become part of the contract, even if their validity is not expressly contradicted.

2. prizes

2.1 Unless expressly stated otherwise, prices are subject to value added tax at the applicable rate.

3. right of withdrawal

3.1 Roxtra GmbH grants a 14-day right of withdrawal for the delivery types "Ring binder with CD" (for sample manuals) and "CD-Rom with manual" (for QM software). The period shall commence upon receipt of the delivery by the customer. Timely return of the goods or timely notification by telephone or in writing shall suffice to meet the deadline.

3.2 Revocation is excluded if seals attached to the goods (e.g. license seals) have been damaged or other traces of opening are visible on the license cards.

3.3 In the case of "online delivery", a discount of 10% (in words: ten percent) on the net price is granted instead of the right of withdrawal.

3.4 Neither a right of withdrawal nor a discount is granted for the delivery method "online delivery + CD-ROM".

3.5 A right of withdrawal of 30 days is granted for the roXtra software. The order date is decisive for the start of the withdrawal period. The right of withdrawal only applies to licenses for the roXtra software. Services provided by Roxtra GmbH up to that point will not be refunded.

4. terms of payment

4.1 Payments are due without deduction 14 days after receipt of the invoice, unless a payment date has been agreed in writing.

4.2 Bills of exchange, checks and other payment orders are not accepted. In the event of acceptance, this shall only be on account of performance.

4.3 The client may only offset undisputed or legally established claims. The client shall only be entitled to rights of retention insofar as they are based on the same contractual relationship.

4.4 If the client is in default of payment, Roxtra GmbH is entitled to charge interest at a rate of 9% above the respective prime rate.

4.5 Irrespective of agreed terms of payment, Roxtra GmbH is entitled to provide services only against advance payment if it can be objectively assumed that the financial circumstances of the customer have deteriorated significantly after conclusion of the contract. In particular, if the customer does not settle due claims of Roxtra GmbH. In this case, Roxtra GmbH can also suspend further services until all due claims from the contractual relationship in question or from economically related or earlier contracts have been paid by the customer.

5 Delivery and delay in delivery

5.1 The delivery period for sample manuals (CombiPack, ExpertPlus) is 14 days from receipt of the order.

5.2 The delivery period for the roXtra software is 14 days from the provision of the prepared server by the customer.

6. reservation of title

6.1 All delivered products remain the property of Roxtra GmbH until full payment of all claims resulting from the contractual relationship and all other claims existing at the time of conclusion of the contract plus interest.

7. confidentiality

7.1 Roxtra GmbH and the customer shall not disclose to third parties, publish, exploit or otherwise use (except for the purposes of this contract) any information which the other party has a legitimate interest in keeping confidential (e.g. financial data, know-how, personal information) or which is marked as confidential.

7.2 Upon request, the parties shall return all documents received during the execution of the contract to the other party. Documents transmitted electronically shall be permanently deleted from all storage media at the request of the other party, unless they are subject to statutory or official retention periods.

8. warranty

8.1 Defects in the products and software provided, including the manuals and other documents, shall be rectified by Roxtra GmbH within the warranty period of two years from delivery following corresponding notification by the customer. This shall be done at the discretion of Roxtra GmbH either by repair or replacement free of charge. In the event of a replacement delivery, the customer is obliged to return the defective item.

8.2 If the defect cannot be remedied within a reasonable period of time or if the repair or replacement delivery is deemed to have failed for other reasons, the customer may, at his discretion, demand a reduction of the remuneration (reduction) or withdraw from the contract. A failure of the repair or replacement delivery is only to be assumed if Roxtra GmbH has been given sufficient opportunity for repair or replacement delivery without the desired success being achieved, if the repair or replacement delivery is impossible, if it is refused or unreasonably delayed by Roxtra GmbH, if there are reasonable doubts regarding the prospects of success, or if there is unreasonableness for other reasons.

9. liability

9.1 Roxtra GmbH excludes the liability of its legal representatives and executives for slightly negligent damage. Furthermore, the liability of all vicarious agents for slight and gross negligence is excluded.

9.2 Liability for the breach of obligations that are indispensable for the proper performance of the contract remains unaffected. Furthermore, all exclusions of liability shall only apply insofar as these do not result from injury to life, limb or health or claims under the Product Liability Act are affected.

9.3 Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved.

10. written form, place of jurisdiction

10.1 Collateral agreements must be made in writing to be legally effective, unless the parties expressly agree on a different form.

10.2 These GTC and the orders placed hereunder shall be governed by the law of the Federal Republic of Germany, excluding the application of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising in connection with this contract is Göppingen.