Unless otherwise agreed in writing, the following conditions exclusively apply to all deliveries and services. Supplementary agreements, assurances, or modifications to these terms and conditions of sale and delivery are binding only if expressly acknowledged in writing by us. We hereby object to the general terms and conditions of the purchaser.
All quotations are subject to change and non-binding unless otherwise specified. Drawings, illustrations, dimensions, weights, and other performance data are binding only if expressly agreed upon in writing. We reserve ownership and copyright rights to illustrations, drawings, calculations, and other documents.
Orders deviating, even partially, from our quotations require our written order confirmation. The contract includes only those deliveries and services listed in our order confirmation. Changes or additions to these conditions and any other contractual agreements between the parties require written form for their validity. The same applies to agreements aimed at waiving or facilitating this formal requirement.
An agreed delivery period begins on the date of our order confirmation. If delivery is delayed due to reasons beyond our control (e.g., force majeure, refusal or delay of official approvals, labor disputes), delivery periods and dates will be extended by the duration of the hindrance. In such cases, the purchaser will be promptly informed that the ordered product is not available.
Unless expressly stated otherwise in our order confirmation, our prices are net prices and do not include the statutory value-added tax, customs duties, and similar charges. Our prices apply from 97486 Königsberg in Bayern.
The following are the contract terms for the use of our software programs by you (either an individual or a legal entity), the “user.” By accepting this agreement and installing the software, you agree to be bound by the terms of this agreement. The manufacturer and owner of the rights to the software is satconsystem.
The subject of this contract is the computer program recorded on the data carriers, the program description (user manual), and other associated written materials. They will be referred to as “Software” below.
An unregistered version of the software is identifiable by the startup and notification window that appears after launching the program, explicitly indicating it as an “Unregistered Version.” The unregistered version may be installed on an unlimited number of computers. The software copies remain the property of satconsystem. Modifying, reverse engineering, decompiling, or disassembling the software is not permitted.
Only with the help of a registration key authorized by satconsystem may the user unlock the software to a full version. A user who receives an authorized registration key from Satconsystem will be referred to as the “licensee” below. A full version of the software can only run as a registered full version. A registered full version of the software is identifiable by the startup window. Provided that the software is an authorized full version by satconsystem, satconsystem hereby grants the licensee the non-transferable personal right (“license”) to use satconsystem programs on a computer/PDA. The program is “used” on a computer when it is copied into temporary memory (i.e., RAM). Transferring the single-user license to another device is not possible. The software copy and any other copy that the licensee is authorized to make under this agreement remain the property of satconsystem. Modifying, reverse engineering, decompiling, or disassembling the software is not permitted. All usage rights not expressly granted in this license agreement remain with satconsystem. As a licensee, you are liable for all damages incurred by satconsystem due to the violation of this license agreement.
The software and all related written materials are the property of satconsystem and are protected by copyright laws, international treaties, and other national regulations. The copyright notices, trademarks, and registration numbers present in the software may not be removed or altered. Reproduction of any accompanying manuals or other related written materials is not allowed. The program documentation is also provided as online help. The user may only print the documentation for personal use.
satconsystem provides the following warranty to licensees. satconsystem warrants, for a period of 90 days from the date of receiving a registration key for the full version, that the software, the media, and the documentation conform to the specifications in all material respects and are free from defects that would impair or diminish their value or fitness for ordinary or contractually assumed use. It should be noted, however, that satconsystem does not warrant that the software will operate flawlessly and without interruption in all combinations and applications. Furthermore, no warranty can be given regarding the achievement of a specific purpose of use. In the event of a defect, the customer is obliged to send the software, media, or documentation, including verifiable records or documents regarding the alleged deviation, to satconsystem for investigation and, if necessary, rectification of the defects. satconsystem will bear the labor and shipping costs for any necessary defect rectification, unless the defect claim proves to be unjustified. satconsystem does not provide any warranty for defects resulting from modification, accident, or alteration of the software by the customer or from any use of the software that does not conform to the specifications or is otherwise not intended. If rectification or replacement by satconsystem does not lead to the elimination of significant deviations within a reasonable period, the customer is entitled to rescind the contract or demand a reasonable reduction in the license fee. For replacement software, satconsystem provides a warranty for the remainder of the original warranty period or for 30 days, whichever is longer. Any claims beyond the aforementioned rights of the customer are excluded unless otherwise provided in this agreement.
Neither satconsystem nor its agents and suppliers shall be liable for any damages, including but not limited to loss of profit, business interruption, loss of business or other information (data), or other financial loss, arising from the use of this satconsystem software or the inability to use this satconsystem product, even if satconsystem has been advised of the possibility of such damages. This limitation of liability applies to all claims for damages by the customer, regardless of the legal basis, including liability for unlawful acts or negligence in contract negotiations. In any case, liability is limited to the purchase price of the software. However, this exclusion does not apply to damages caused by intentional or grossly negligent acts of satconsystem. Furthermore, claims based on mandatory legal provisions on product liability remain unaffected. Direct damages caused by the absence of a guaranteed feature or consequential damages that the guaranteed feature was intended to protect the customer against are excluded from this limitation of liability. However, satconsystem’s liability for other consequential damages is limited as described above.
satconsystem is permitted to send the following data to a license server to verify the license: name, address, and registration key. It is explicitly prohibited for satconsystem or others to transmit data that does not belong to the license agreement.
satconsystem may sell the rights to the software to third parties at any time. In such a case, all rights and obligations of satconsystem under this agreement shall be transferred to the acquirer of the software rights.
For initial orders, advance payment is required. The deduction of a cash discount requires a special written agreement. The timely payment is determined by the credit of the money to an account specified by us. In the event of payment default by the buyer, we are entitled to demand default interest at a rate of 3% per annum above the respective discount rate of the Deutsche Bundesbank, but at least 7% per annum. The assertion of further damages remains unaffected. If there are reasonable doubts about the buyer’s ability or willingness to pay, especially due to non-fulfillment of payment obligations or a subsequent deterioration in his economic circumstances, we are entitled to demand prepayment or security deposit. If the buyer fails to comply, we are entitled to withdraw from the contract.
Our deliveries and services are made from 97486 Königsberg in Bayern. We are authorized to arrange shipping and conclude transport insurance at the expense of the buyer.
Reservation of Ownership
The buyer is obliged to accept our deliveries and services in Königsberg in Bayern without delay. The results of the inspection are to be documented in a protocol to be signed by the buyer. Experts designated by us may participate in acceptance inspections. Insignificant defects that do not impair the functionality and operation of the delivered item are to be recorded in the acceptance protocol and do not entitle the buyer to refuse acceptance. If the buyer does not declare within 14 days after our notification of readiness for acceptance – without such declaration within 14 days after receipt of the delivery – in writing and with precise reasons that he refuses acceptance, acceptance shall be deemed declared. The contractual performance shall be deemed accepted when the delivered item is put into operation by the buyer himself or on his instructions beyond the functional testing required for acceptance.
We warrant that the goods comply with the technical standards applicable in the Federal Republic of Germany at the time of the offer and are free from defects resulting from non-compliant execution, unsuitable materials, or poor workmanship. Any visible defects must be reported to us immediately, but no later than 1 week after receipt of the goods, and any hidden defects must be reported in writing as soon as they are discovered. Failure by the buyer to provide this written notice will result in the exclusion of all claims for these defects. Complaints cannot be recognized if the goods are second choice, special items, or marked as used, and if the usability of the goods is not significantly impaired. Defects that were taken into account at the time of purchase cannot be claimed as complaints. Complaints regarding impairments that are unavoidable according to the state of the art do not constitute defects since the cause is neither related to the materials nor the manufacturing process. The same applies to minor deviations in quality, weight, size, thickness, width, equipment, pattern, and color, to the extent that they are permissible according to valid standards. The warranty period complies with the statutory regulations and begins with acceptance. Upon expiration of the warranty period, all claims due to defects, including claims arising from negligence at the time of contract conclusion, positive breach of contract, or tort, will become time-barred. Defective goods or goods that do not correspond to the promised properties will be rectified at our expense within a reasonable period of time or, at our discretion, replaced. If rectification or replacement delivery fails, the buyer may demand a reduction in remuneration or, at their discretion, cancellation of the contract. We do not provide warranty for defects and damages resulting from normal wear and tear, improper handling, excessive load, or unsuitable installation or operating materials. We assume no warranty for the provision of GPS satellite signals or in the event of disruption of satellite signals by the US Department of Defense, as well as for the provision of correction signals and any resulting quality impairments in the software. In particular, regarding the product “Kinderfinder,” the company assumes no liability for the function of the receiving system. This applies in particular to the power supply, range, reception readiness of the radio antenna, and the battery charge status in the RFID bracelet!
Claims for damages by the buyer resulting from the slight negligence of our contractual, pre-contractual, or post-contractual obligations, regardless of the legal basis and the nature and extent of the damages incurred, are excluded. We shall be liable for damages caused by gross negligence up to an amount equal to the respective order value (excluding value-added tax). However, if the gross negligence can be attributed to our legal representatives or executive employees, or if the breach of a material obligation is due to gross negligence, we shall be liable for all damages that were foreseeable at the time of contract conclusion.
The buyer may only offset against undisputed or legally established claims. The same applies to the assertion of rights of retention or withholding of performance.
The legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction is Haßfurt
By entering into the contract, the buyer agrees that satconsystem may store, process, and use the personal data provided by the buyers to fulfill the order and provide them with information about other products and services that may be of interest to them. The buyer is entitled to object to the extent and purpose of data processing, as well as to request correction, blocking, or deletion of their stored personal data.