General Business and Delivery Terms and Conditions Of The Company webalytics GmbH

Status: October 2016

§1 Validity of Provisions

  1. The deliveries, services and offers of the company webalytics GmbH, Rathausstrasse 24, 68519 Viernheim, registered with the District Court Darmstadt, HRB (Commercial register, Section B) 92603, hereinafter referred to as webalytics, shall take place exclusively on the basis of these terms and conditions unless other and/or further terms and conditions are handed over by webalytics. These shall therefore also apply to all future terms and conditions, even if they are not expressly agreed again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services. General terms and conditions of business of the buyer, in particular, purchase conditions, are hereby already contradicted, i.e. they are not recognised even if we do not expressly contradict them again after receipt by us.
  2. Deviations from these terms and conditions shall only be effective if they are confirmed in writing by webalytics. 

§3 Prices 

  1. Unless otherwise stated, webalytics shall be bound by the prices indicated in its offers for 14 days from their date. The prices stated in the order confirmation shall be decisive. Additional deliveries or services shall be charged separately.
  2. Price quotations in a currency other than that valid for Germany shall lose their validity on the following day.
  3. Unless otherwise agreed in writing, the prices are exclusive of transport ex warehouse Lampertheim, without installation, training or other ancillary services. Unless expressly stated otherwise, all prices are net prices plus the statutory value added tax applicable at the time of conclusion of the contract.
  4. All work (installations, configurations, assemblies, troubleshooting, support via helpdesk, telephone, remotely or on site, etc.) shall be charged at an hourly rate of EUR 150.00 plus VAT, unless otherwise agreed in writing. For each process, every 15 minutes or part thereof (37.50 EUR plus VAT) shall be charged.
  5. Work on working days outside webalytics' standard working hours shall be charged at a surcharge of 50% of the standard hourly rate. Work on Saturdays, Sundays and public holidays shall be charged at a surcharge of 100% of the standard hourly rate.
  6. Travel time shall be charged at 60% of the hourly rate plus EUR 0.60 plus VAT per kilometre travelled from webalytics' registered office.
  7. The goods shall be shipped in standard commercial packaging at our discretion. Any special packaging required shall be borne by the Buyer. webalytics shall be entitled, but not obliged, to insure the goods at the Buyer's expense. 

§17 Applicable Law

  1. The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between webalytics and the Buyer. Insofar as the Buyer is a registered trader within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the registered office of webalytics shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Furthermore, the registered office of webalytics shall be the place of performance as well as the place of transfer within the meaning of the Packaging Ordinance.
  2. Should individual or several provisions of these General Terms and Conditions be or become invalid or contain a loophole, the contracting parties undertake to enter into negotiations with the aim of replacing or supplementing the invalid or incomplete provision with an appropriate individual agreement which corresponds as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.