RETENTION OF OWNERSHIP
All delivered products and software licenses remain the property of NETAVIS Software GmbH until the customer has made full payment. If at the time of delivery payments are still open from other business transactions with the customer, then NETAVIS Software GmbH retains the right to withhold delivery without further consequences for NETAVIS Software GmbH until the customer has paid all open claims.
In the event of any breach of contract on the part of the customer, especially in the case of late payment, NETAVIS Software GmbH is entitled to demand the return of the contract object and the customer is obliged to honor such demand.
DEFICIENCIES AND WARRANTY
After receiving the contracted object, the customer is obliged to carefully check the object. Obvious deficiencies are to be reported in writing immediately, yet at the latest 10 days after delivery; in lieu of such a deficiency report, the contracted object shall be deemed to be free of obvious deficiencies. For deliveries to resellers, a report of not obvious deficiencies must be sub-mitted in writing within 14 calendar days after discovery of such deficiencies. This is a cut-off period. Warranty claims apply only if the contracted objects are returned to NETAVIS Software GmbH in their original packaging.
NETAVIS Software GmbH disclaims all warranties on modified, processed or further developed contract objects, as well as such objects that have obviously been improperly handled. Likewise NETAVIS Software GmbH disclaims all warranties on contract objects that have been partially or completely damaged through improper operation, wrong connection, or usage, installation or setup contrary to the specifications.
For business transactions with end users, the conditions prescribed by law for warranty apply. If the customer is a reseller and if no other agreement has been made, then NETAVIS Software GmbH’s warranty on the contract object is 6 months from the date of delivery. The arrangements on presumption in accordance with §924 ABGB (section 924 of the General Civil Code of Austria) and the right of recourse in accordance with §933 ABGB in the case of contracts between businesspersons are explicitly excluded.
NETAVIS Software GmbH will not be liable for damage claims of any kind, in particular for indirect damages that do not occur on the contract object itself, in particular outside the warranty scope and period. The only exception would be if intent or extreme negligence on the part of NETAVIS Software GmbH could be proven. NETAVIS Software GmbH explicitly excludes any damage claims for loss of capital or interest, personnel and costs of outside services, stoppage of production, down times, and replacement equipment, that result from damaged product, breakdowns or improper functioning of the software, delays in deliveries or purchase of replacement parts.
Liability under product liability law is not affected. All other claims against NETAVIS Software GmbH are subject to a statute of limitations of at most 6 months after the customer receives the contract object.
SPECIAL CONDITIONS FOR NETAVIS
For NETAVIS standard packages, with the purchase of NETAVIS licenses from NETAVIS Software GmbH or from a dealer or system integrator authorized by us, the customer acquires the exclusive and absolutely nontransferable right of usage of the NETAVIS licenses on a single, precisely specified NETAVIS system.
The customer acquires this right of usage by means of a license key that is computed from the number of cameras and users in the system as well as the server hardware on which NETAVIS is installed. This license key is given to the customer by NETAVIS Software GmbH when the customer first puts his system into operation and transfers the product code generated thereby per e-mail or fax to NETAVIS Software GmbH. In individual cases the purchase of special software of functionality is possible if a unique tailored solution is developed for the customer at his request. In this case NETAVIS Software GmbH can transfer all rights to this solution to the customer.
The exclusive court of jurisdiction is agreed to be the Court of Arbitration in Vienna. Inasfar as no other terms and conditions have been specified above, the “Allgemeinen Lieferbedingungen der Elektro- und Elektronikindustrie Österreichs (Terms and Conditions for Deliveries in the Electrical and Electronic Industry of Austria)”, published by the Fachhandel der Elektroindustrie Österreichs (Retail Branch of the Electrical Industry of Austria), applies in its current edition.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Invalid, void or unenforceable conditions are to be replaced by conditions that as nearly as possible achieve the intended economic purpose.