These are the general terms and conditions of the EDP & CAD Group. As of April 2020.
§1 Legal basis
The legal basis for all offers, services and deliveries of the edv & cad group are the corresponding laws and regulations of the Federal Republic of Germany as well as these General Terms and Conditions. Agreements deviating from these conditions require the written confirmation of the edv & cad group.
Offers of the edv & cad group are subject to change and non-binding, unless otherwise agreed.
Unless otherwise stated, individual offers are valid for 20 calendar days. The binding nature of offers also expires if the prices of the goods offered are changed by the up-supplier by more than 3% during the validity period of the offer. Unless otherwise stated, prices are quoted without the statutory value added tax or value added tax.
The order can be made by phone or in writing. Unless otherwise agreed, telephone orders and orders will be executed for new customers against payment by cash on delivery or advance payment.
Written orders and orders will be executed on request and only with the consent of the edv & cad group against invoice. In the case of deliveries whose value of the goods exceeds 2500 EURO, the edv & cad group may demand proof of creditworthiness or a bank guarantee from the customer. If there is no other agreement, these general terms and conditions of the edv & cad group shall be deemed to have been accepted when the order is placed.
§4 Conclusion of contract
A contract between the edv & cad group and the customer comes into force with the written order confirmation by the edv & cad group or the fulfillment of the order. Unless otherwise agreed, the written order confirmation of edv & cad group is the basis of the contract.
For courses and seminars, written course registration is the basis of the contract.
Course registrations are binding. The course fee is to be paid in full even in case of non-participation,
unless a cancellation is made at least 10 days before the start of the course.
The edv & cad group offers the possibility to make up for any absences within 6 months, provided that there are free places and the course process is not disturbed.
However, there is no legally binding claim to this.
§5 Delivery period
Delivery and service periods require the written confirmation of the edv & cad group in order to be valid.
The edv & cad group is not liable for delays in delivery and performance due to force majeure or circumstances, events that make it significantly more difficult or impossible for the edv & cad group to fulfil the order. Under such circumstances, the edv & cad group reserves the right to withdraw from the contract in whole or in part or to extend the delivery and service periods by a corresponding period.
§6 Shipping, Delivery
The dispatch or delivery of the goods is at the expense of the customer. Unless otherwise agreed, the customer shall bear the delivery costs for the goods. The risk shall pass to the customer upon delivery of the goods for dispatch.
§7 Terms of payment
If the delivery is made against invoice, the payment of the invoice price is to be made without deduction within 5 calendar days of the invoice date – unless otherwise agreed.
§8 Default of payment
The buyer is in default of payment if the requested invoice amount has not been paid to edv & cad group within the agreed payment period from the invoice date. The default in payment shall also come into force without a reminder. In the event of default in payment, the buyer owes edv & cad group the invoice amount, default interest, administrative fees and costs incurred as a result of the judicial assertion of the claims of the edv & cad group. This includes all attorneys’ and court fees as well as expenses. Administrative fees are due for each reminder. The edv & cad group reserves the right to claim further costs caused by the damage caused by the damage caused by the delay.
In the case of installment payments, the buyer is in default in the event of default of an installment. In this case, the edv & cad group is entitled to charge the entire invoice amount including ancillary costs (see above).
§9 Retention of title
Delivered goods and license remain the property of the edv & cad group until full payment of the invoice amount as well as the default costs, which consist of any reminder fees due, default interest and other claimed costs.
For software, the buyer receives the rights of use for the software only with the payment of the invoice amount and, if applicable, the default costs. In general, ownership and copyrights to the software remain with the manufacturer, unless the license conditions provide otherwise.
The buyer must notify the edv & cad group immediately of any access by third parties to the goods affected by the retention of title.
In the event of the resale of the goods and licenses delivered to third parties (= purchaser), the purchaser must be noticed of the retention of title of the edv & cad group.
The edv & cad group reserves the right to reclaim goods and licenses from the purchaser if the payment claims justified by their delivery are not settled.
§10 Licensing Conditions (License Terms)
The acceptance of the rights of use and license conditions of the software manufacturer on the part of the buyer are part and prerequisite of the order or the order. The buyer indemnes the edv & cad group against the software manufacturer from damages that arise as a result of the unlawful use of the software or are demanded by the software manufacturer.
§11 Complaints, warranty service
Software is excluded from exchange.
If a return is nevertheless accepted, the edv & cad group charges an administration fee of 10% of the sales value of the goods, but at least EURO 20, – plus statutory. Vat.
Production-related material damage (e.B defective or faulty media), which is reported by the buyer to the seller within 30 days of delivery, will be remedied free of charge upon submission of the damaged product, insofar as the manufacturer is liable for the damaged damage/defects complained of. A shorter notification period may apply to some products.
The edv & cad group is only liable within the scope of the statutory warranty for errors, functional defects and malfunctions of software products. edv & cad group assumes no liability for consequential damages or financial losses incurred as a result of the use of the software.
For products of our own production, the lawful user must notify the edv & cad group in writing of errors, functional defects and malfunctions. The edv & cad group strives for rapid error or defect elimination. This is done free of charge.
For displayed errors, functional defects and malfunctions that turn out to be a misjudgement or error on the part of the user, edv & cad group reserves the right to invoice the user for the amount of work caused as a result of the display.
§12 User Support
Every legitimate user of products that he has purchased from the edv & cad group and paid for in full is entitled to support within the framework of the support contract of the edv & cad group.
Users without a support contract are not entitled to free support.
§13 Place of performance, place of jurisdiction
Place of performance and jurisdiction is the registered office of the edv & cad group.
In the event that some of the above terms and conditions are legally ineffective, the validity of the other terms and conditions shall remain unaffected.
§15 Definition of website and website
In the following, Web page refers to the content of an HTML file (ending in .htm or .html).
This therefore includes not only the text displayed by Internet browsers, but also any other content of the file, in particular formatting features, references to stylesheets (files end in .css) and scripts (files end in .js).
A website refers to the entirety of all web pages as well as their structure.
§16 Liability for information published by the edv & cad group
Information on products and services has been compiled to the best of our knowledge and belief. They are based on data provided by manufacturers or taken from the product documentation. A guarantee for the correctness and timeliness of this information can not be assumed. The maximum amount of liability of the EDV & cad group is limited to the paid product or service value of the order concerned. Any further liability is excluded.
§17 Recognition of rights of other companies
The rights of companies to the brands and trademarks used by the edv & cad group or the edv & cad group are recognized.
§18 Copyright Notice
The website of the edv & cad group are subject to copyright. Publications, even in extracts, are only permitted with the written consent of the edv & cad group.