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Terms

1. Terms and Conditions
The following terms and conditions apply to all goods and services of basICColor GmbH, hereinafter referred to as basICColor. The basICColor terms outlined have precedence over all business, delivery, contract and conditions of purchase. The terms are binding, unless otherwise stipulated in writing by basICColor. This also applies to subsequent transactions, regardless of original terms and conditions. The performance of deliveries and services does not constitute acceptance of the terms and conditions by the customer. The terms and conditions apply only to companies within the context of Civil Code § § 310.14.

2. Agreement and Contract Conclusion
2.1. basICColor agreements are subject to change. They are a framework for allowing customer purchase orders. A binding contract requires valid signatures from both basICColor and the customer. The same applies to supplements, amendments or additional agreements.
2.2. Contractual deliverables, including products and services, will be documented appropriately and will require the signature of both parties.

3. Deliveries
3.1. Delivery and execution times are only binding if confirmed in writing by basICColor. Unless otherwise stated, all agreements will be subject to the discretionary timely delivery determined by basICColor.
3.2. If no other agreement is made, basICColor deliveries will be at its own discretion. The customer bears responsibility for all transport risks. Those risks include delays caused by postal carriers while the products are in transit.
3.3. Software downloaded and licensed via the license server, using basICColor TAN (transaction number) technology, will incur no shipping costs.
3.4. basICColor reserves the right to make partial deliveries, unless the partial delivery is declined by the customer.

4. Delivery and service times
4.1. The beginning of the quoted delivery time determines the start of the warranty period as well as support for all technical issues.
4.2. For the fulfillment of our obligation to deliver, we require the timely and proper fulfillment of all obligations by our customers. The defense of breach of contract is reserved.
4.3. Unless the customer is in default of acceptance, or culpably violates his other obligations, compensation must be made to basICColor for damage incurred, including any additional expenses. Further claims remain reserved.
4.4. Insofar as the requirements of the preceding clause, the risk of accidental loss or accidental damage to the products remains with the customer, in which he is fully responsible for the purchase payment.
4.5. basICColor liability is described by the statutory provisions of article § 286 II No. 4 BGB and article § 376 HGB. basICColor liability is also limited by other statutory provisions, unless the customer determines that he wishes to dissolve the contract.
4.6. basICColor is also liable under the statutory provisions, should shipping delays be found to be caused by basICColor acting in a willful or grossly negligent breach of contract. A fault by an agent working on behalf of basICColor shall be attributed to basICColor. If the delivery delay is not due to basICColor's willful breach of contract, then damage compensation will be limited to the actual cost of items. 
4.7. In the event that basICColor is ultimately liable under the statutory provisions, for delivery delays due to the culpable breach of a contractual obligation, then, the liability for damage compensation will be limited to the actual documented costs.
4.8. In other matters, where basICColor is found at fault for delayed delivery, liability compensation will be limited to the rate of 5% for each completed week of delay, and a maximum of 20% of the value (four weeks total).
4.9. Further legal claims and rights of clients are subject to articles 4.0 through 4.8.

5. Prices and Payment
5.1. All prices are net prices plus the statutory European Value Added Tax.
5.2. Unless otherwise stated in our order confirmation, our prices are ex warehouse Penzberg; exclusive of packing and transportation costs.
5.3. Unless otherwise agreed, we deliver only against advance payment by bank transfer, check, cash or debit. For payments from abroad, we offer EU PayPal funds acceptance. By prior arrangement with known clients, or public institutions or authorities, payment terms may be offered. Deduction of discount requires a prior written agreement.
5.4. If payment is delayed, basICColor will charge an interest fee, at the rate of eight percent above the applicable base rate. Furthermore, in the event of default, basICColor will with hold technical and other support services.
5.5. The customer is not entitled to seek claims against basICColor, unless those claims are legally substantiated, or acknowledged in writing. The customer has the right of retention insofar as his counterclaim might be based on the same contractual framework which binds both parties.

6. Claims
6.1. Customer claims must comply with article § 377 HGB, with regards to inspection and complaint regulations.
6.2. In the event that a defective item has been delivered, the customer can demand a remedy either in the form of repair or of replacement with a new defect-free substitute. In the case of repair, basICColor will bear all expenses which include repairing the defect, transport in both directions, travel, labor, and material costs. This offer is limited to the address to which the original item was delivered. No other responsibility is accepted or implied. 
6.3. If subsequent failure occurs, the customer is entitled to either a refund or a credit for the value of the item against another purchase.
6.4. basICColor liabilities are described by the official government legal regulations. Should a user make claim for damages, based on intent, or gross negligence by representatives, or agents for basICColor, the liability for damages is limited to usual and customary compensation.
6.5. In the event of a contractual breach, basICColor liability is limited with accordance to legal regulations, with compensation limited to usual and customary thresholds. 
6.6. Unless otherwise described in articles 6.0 through 6.5, liability can not be assigned.
6.7. Any matter regarding liability for culpable violation which results in injury leading to a health or life risk is described within the Product Liability Act.
6.8. The statute of limitations is 12 months from transfer of risk. The limitation period in case of a limitation is described in article § § 478, 479 BGB.
6.9. Should newer software versions become available, claims related to previous software releases will be rejected.

7. Revocation
7.1. The customer may revoke his contractual agreement within two weeks, provided that written copy (i.e. letter, fax, e-mail) is provided. The grounds for the revocation are not required. The period begins with receipt of this notice. The revocation must be sent within the agreed two week timeframe to:
basICColor GmbH
Maistraße 18
D-82377 Penzberg
7.2. The right of withdrawal expires prematurely if started basICColor with the execution of the service with the express consent of customers before the end of the revocation period or the customer himself has arranged (eg by downloading, delivery via e-mail, etc.).
7.3. The legislator rules out withdrawing orders of software licenses, if they already sent by e-mail sent or were sent to the user or by downloading the software license.
7.4. Is invariably excluded the revocation or withdrawal of software that is licensed machine specific to the customer, by sending it a license file, or by activating the basICColor online license server. The customer has the means to ensure prior to his order that the 14-day trial version of the product fully meets its requirements.

8. Liability
8.1. Further liability for damages beyond those provided in section 6 is excluded, regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence, breach of duty, or because of other tort claims for property damage pursuant to article § 823 BGB.
8.2. basICColor liability exclusions are extended to the personal liability of our employees, contracted consultants, contracted colleagues, representatives, and agents. 

9. Software-rights 
basICColor will transfer customer usage rights to its software. The rights to use the software is considered use of basICColor's intellectual property. The customer wishing to resell the software usage rights must refer the interested party to basICColor's terms of agreement. The validity of the manufacturer's licensing terms require 100% compliance.

10. Update / Upgrade Service
basICColor differentiates software updates from software upgrades. Updates to a new version are free of charge to registered license owners. When upgrading to a new version release, the user is extended a "grace period" of 1 month. Within that time frame, the original purchase price will be fully credited. The customer only pays the difference. Previously purchased products can be upgraded with a time-phased price increment. Old update releases are supported for one month following introduction of a recent release. Old version releases are supported for 12 months following an upgrade release. The upgrade cost for licenses more than 3 years old is full retail price.

11. Retention
11.1. basICColor retains title to the goods delivered, until payment for all items has been received. basICColor is entitled to repossess any goods which have not been paid for. The repossession of the goods does not constitute a release from contractual obligations on the part of the customer.
11.2. The customer is obliged to notify basICColor immediately if third parties seize the goods or otherwise intervene in the ownership of basICColor property.
11.3. The customer is entitled to resell the purchased goods. The customer is fully responsible for all claims in the amount of the invoiced amount, including VAT. To collect these claims, basICColor is also entitled to the end customer assignment until further notice. basICColor will not intervene in seeking the assignment as long as the customer fulfills his contractual obligations to basICColor, especially those arising from default of payment, or actions including filing for insolvency proceedings, or suspension of payments. In the event of bankruptcy or reorganization, the customer has to announce those details to basICColor, so that the assigned claims and supporting documents can be remedied through all options available to basICColor.
11.4. basICColor reserves the right to process or transform its property located on the customer site or elsewhere. If basICColor property has been integrated with other entities' property, then basICColor will retain joint ownership of the bundle in proportion to the value of the retail price for said integration. This claim applies both to integrated property as well as property which remains in its stand-alone condition.

12. Privacy
basICColor requires that personal information provided to clients be limited to the essential data for contractual purposes only. This applies to all forms of electronic communication. Likewise, any customer supplied data will be used only for the purposes to which the customer has consented. basICColor takes all reasonable precautions to prevent third party access to customer information. basICColor never shares data with third parties.

13. Final Provisions
13.1. All claims based on contractual relationship are governed by German law. UN-Sales Law (CISG) is specifically excluded from each and every condition.
13.2. Legal domain is in Penzberg, and the jurisdiction of Weilheim / Bavaria. Any inquiry specific to parties including commercial clients, legal entities of public law, and public law special fund, should be addressed to this government.
13.3. Any agreement changes or amendments to the basICColor terms and conditions, as well as specific guarantees and agreements, must be in writing.
13.4. If any single provision within these Terms and Conditions become moot, the validity of the remaining provisions shall not be affected. Should a loophole or error of omission be found, upon which other conditions might apply, then both basICColor and the second party shall settle on the presumed, desired, conditions.
13.5. If the user also uses a set of terms and conditions other than those laid out here by basICColor, then the basICColor terms and conditions take precedence. The provisions of standard contract law will take further precedence over all individual clauses in the Terms and Conditions. Exclusions in the basICColor Terms and Conditions also take precedence to the customer Terms and Conditions statement. The basICColor Terms further extend to the customer's end customers.

basICColor GmbH, Penzberg, November 2018
Maistraße 18
D-82377 Penzberg

Germany

fax: +49 8856 932503
tel: +49 8856 932505
mail: info@basiccolor.de

Support:
Maistraße 18
D-82377 Penzberg

Germany

fax: +49 8856 932503
tel : +49 8856 6088802
mail: support@basiccolor.de

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