Terms and Conditions

General Terms and Conditions of Advanced Realtime Tracking GmbH & Co. KG

§ 1 Scope

1. All offers, deliveries, services and contracts concluded by Advanced Realtime Tracking GmbH & Co. KG (hereinafter "ART") are subject exclusively to the following conditions, even if not expressly referred to in individual cases. Deviating terms and conditions of the customer, in particular purchasing conditions, shall not apply.
2. These General Terms and Conditions do not apply to contracts concluded with consumers.

§ 2 Offer and conclusion of contract, execution documents

1. All offers are non-binding.
2. Upon request, ART will submit a corresponding offer to the customer. This likewise does not constitute a binding offer in the legal sense, but merely an invitation to the customer to submit a binding offer. The customer's order constitutes a binding offer to conclude a contract. ART may accept this within a period of 5 working days. Acceptance is deemed to have occurred if ART delivers the ordered service within this period. Declarations regarding the conclusion of contracts require text form (e.g. letter, fax, email). ART reserves the right to accept or reject orders.
3. All rights to execution documents and tools required for order fulfillment belong exclusively to ART.

§ 3 Prices

The prices stated in the order confirmation, or in ART's offer if no order confirmation exists, shall apply. Unless otherwise agreed, prices are ex warehouse ART, in euros, plus packaging, shipping and insurance and the applicable statutory VAT.

§ 4 Payment terms, default, set-off

1. Payments are due within 14 days of the invoice date without deduction. The customer is in default after expiry of the payment period without the need for a reminder.
2. In the event of default, interest at 15 percentage points above the base rate of the German Bundesbank shall be payable.
3. The customer may only set off or exercise a right of retention if the counterclaim is based on the same contractual relationship.

§ 5 Delivery and performance time

1. ART is entitled to make partial deliveries and partial performances.
2. Delivery and performance periods are non-binding for ART unless expressly agreed otherwise in formal terms.
3. Unforeseeable events beyond ART's control entitle ART to extend delivery or performance periods by the duration of the impediment.

§ 6 Shipping and transfer of risk

1. Unless otherwise agreed, deliveries are made at the customer's expense.
2. The risk of accidental loss or deterioration passes to the customer when the goods are handed over to the carrier or leave ART's warehouse.

§ 7 Retention of title

1. Until all claims against the customer have been fulfilled, the delivered goods remain the property of ART (reserved goods).
2. The customer may resell reserved goods in the ordinary course of business provided payment obligations are met.

§ 8 Warranty

1. The characteristics of the goods are determined exclusively by ART's product description.
2. The customer must notify obvious defects immediately upon delivery and hidden defects immediately upon discovery.
3. ART shall initially remedy defects at its option by repair or replacement delivery.
4. All warranty claims expire two years after delivery.

§ 9 Limitation of liability

1. In the case of slightly negligent breaches of duty, liability is limited to foreseeable, typical, direct average damage.
2. Limitations do not apply to claims under product liability, fraud, breach of essential contractual obligations, or bodily injury.

§ 10 Grant of rights

1. Upon full payment, the customer receives a non-exclusive, unlimited right to use the contract software within the agreed scope.
2. The customer may create a backup copy if required for future use.
3. Copyright notices and serial numbers must not be removed or altered.

§ 11 Final provisions

1. German law applies. The UN Convention on Contracts for the International Sale of Goods is excluded.
2. Place of performance is Weilheim.
3. Place of jurisdiction for disputes with merchants is Munich. ART may also sue the customer at its general place of jurisdiction.
4. The invalidity of individual provisions does not affect the validity of the remaining provisions.

Effective: 1 January 2021