General Terms and Conditions
I. Offer and order
1. Our offers are not binding. Goods and services are invoiced on the basis of the price applicable on the day of delivery.
2. Unless otherwise agreed prices are in euros ex works Moedling and do not include packaging, customs duties, transport, applicable tax and other expenses.
3. An order is accepted when our order confirmation is issued or when we execute the order.
4. The scope of our performance does not include installation, adaptations to existing systems, or training. If required, training may be specifically arranged.
1. We make every effort to keep to the date of delivery so far as lies within our powers. The date of actual delivery may vary from the agreed date. We are only in default on delivery after the expiry of an extension period that takes account of the procurement options open to us and is notified to us in writing by the client. This extension period shall be at least be one month.
2. The customer bears the cost and risk of transportation ex works Moedling. Unless otherwise agreed, goods are despatched with a carrier of our choice.
3. Claims for damage and loss in transport shall be directed against the carrier only.
III. Warranty for hardware
1. The warranty period is 24 months.
2. We warrant that upon delivery all hardware is in working order and corresponds to the notified specification.
3. Our warranty service encompasses the remedying of material defects including the exchange of parts or, at our discretion, the exchange of assemblies or the complete hardware for technical reasons.
4. To make a claim under the warranty the client shall at his own expense send the hardware to our works in Mödling, Austria. We will bear the cost of the return transport. All transportation shall be at the client’s risk. Claims for damage and loss in transport shall be directed against the carrier only.
5. We may by agreement carry out the warranty services at the client’s premises. In this case the client shall bear the full travel expenses and reimburse us for travelling time in accordance with our internal tariff.
6. Our warranty obligations are fully and finally covered by the regulations of this Section; any further claims are ruled out.
IV. Warranty for software
1. The warranty period is 12 months.
2. We warrant that upon delivery no data medium has a defect of material or fabrication.
3. We warrant that the software corresponds to the software specification applicable at the time of delivery.
4. Section III nos. 3., 4. and 6. of these General Terms and Conditions apply correspondingly to the warranty for software.
1. Our liability whatever the legal basis is restricted in amount to the individual order value of the delivery in question. We are in particular not liable for lost profit, lost savings, damages arising from claims of third parties against the client, indirect damages and consequential damages or damage to recorded data.
2. To the extent that statutory provisions permit, we are not liable for minor or gross negligence whatever the legal basis. Our liability for material gross negligence is limited to foreseeable damage.
3. In the case of software based on material supplied by third parties mentioned in the software description as authors or owners of the copyright our liability is restricted, regardless of the legal basis, to the assignment of our claims against the respective programmers upon a justified request
by the Client.
4. We are not liable for any warranty and/or liability claim if software and/or hardware does not meet the customer’s requirements and/or if software and/or hardware is not compatible with other software and/or hardware not developed by us.
5. Claims of any sort must be immediately notified to us by the client and are not otherwise valid. Notification does not affect the period of limitation.
6. With regard to both cause and extent we cannot accept product liability unless it is provided for by binding statutory provisions. In particular, product liability for damage to property suffered by an entrepreneur is excluded.
7. The client shall pursue compensation and indemnification claims arising from product liability in the first instance against our suppliers. The client shall pursue product liability claims against us only after unsuccessful legal enforcement against our suppliers and only in the event that we are statutorily bound to accept joint liability.
8. In the event that such claims are met by Schuhfried GmbH, the client shall assign these claims to Schuhfried GmbH or to a third party named by Schuhfried GmbH
9. The client shall extend these contractual obligations to persons with whom he has contact in the course of using our products (e.g. contractors for tests and test subjects). The client shall Transfer in full to all users all the liability restrictions and restrictions on use contained in these contractual conditions and shall require such users to transfer these obligations to any further users.
VI. Restrictions on use
1. The client undertakes not to not use the supplied hardware or software in a way that contravenes our applicable instructions for use or the ethical directives of the test board (or of a similar institution). The copying of software is permitted only for the purpose of backing up data.
2. If we (e.g. in the context of online testing) grant the customer access to our server or to a server operated on our behalf, the customer's access is limited exclusively to use of the programs for which the customer has purchased online access and to the extent for which the customer has purchased a licence. Access and attempted access to other programs and data on the server is prohibited. In the event of infringement of this provision the customer is liable for any damage
incurred as a result.
3. The customer undertakes to use the supplied hardware and software only in compliance with the law as it applies at the place of use and with professional regulations and data protection requirements. He also undertakes to comply with import or export conditions that apply to these products and with any restrictions on use imposed by the EU or other countries of origin.
4. All persons whom the customer allows to access the supplied hardware and software in any way or to whom he in any way transfers the hardware and software shall be instructed by the customer to comply with the restrictions on use.
5. The customer is responsible for all damage, expense and costs incurred by Schuhfried as a result of infringement of the restrictions on use by the customer, his employees and other agents or otherwise by persons whom the customer allows to access the supplied hardware and software in any way or to whom he in any way transfers the hardware and software, whether arising from claims of third parties or from official action.
6. The tests must not be used for training purposes. Any means of preparing a respondent for the test situation that goes beyond the necessary and usual instructions at the start of a test session is classed as “training”, especially explaining the item material or allowing respondents to work all or part of the test “as a warm-up” or “to get used to it”. Using information about the tests, whether provided by Schuhfried or taken from the manuals, to advise respondents on how to enhance their performance is also prohibited.
The restrictions of the previous paragraph apply to all tests marketed by Schuhfried but not to the training programs. Schuhfried currently markets training programs exclusively under the product names/brands of CogniPlus and RehaCom.
1. The customer is obligated to comply with all relevant data protection laws and relevant regulations and guidelines. In particular on ensuring sufficient approval from the individuals tested by him.
2. Online testing involves sending to Schuhfried personal data that may be covered by data protection requirements. Details such as age and gender that are needed for application of the appropriate norms in some tests do not enable an individual to be identified. If a personal code is entered in place of personal details, only the assessor is able to identify the person and, by using appropriate documentation, to assign the result to the person who took the test.
3. As far Schuhfried receives personal data from individuals tested in the context of online testing or by any other means, the provisions of the Austrian data protection law apply.
4. Schuhfried is entitled to use anonymized records, in particular those resulting from online testing, and to analyze them statistically.
1. We are entitled to make reference of the customer’s name, company logo and other business related information for advertising and - in particular on the internet and on our website - to reference existing or former business relations. This agreement is subject to written revocation by the customer at any time
2. We are entitled to make reference to the customer and if necessary to the author of his works on all advertising media and in all advertising campaigns without entering any obligations for payment claims to the customer.
1. Unless otherwise agreed in the quotation, the agreed price is payable net, plus all applicable taxes and any additional charges that may be due, within 14 days of invoice date.
2. We retain the title to the goods supplied until the purchase price has been paid in full. In the case of software the client does not upon payment acquire the ownership title but only the non-exclusive right to use the software.
3. In the event of default we may without withdrawing from the contract require the client to hand over to us all goods supplied by us that have not yet been paid for in full. In the event of default all our claims against the client become due for payment and we have the right to withdraw from the contract and to claim damages.
4. An interest rate on arrears of one percent per month is agreed. We may additionally claim reimbursement of the extrajudicial costs of a collection agency. Our right to make further additional claims remains unaffected.
X. Place of jurisdiction
1. Sales are governed by Austrian law excluding the UN Convention on Contracts for the International Sales of Goods. The place of performance is Mödling. Payable and enforceable in Vienna. The German version of these General Terms and Conditions has precedence over the English version.
Valid from: 01.08.2016