General terms and conditions for software acquisition
§ 1 Special conditions applying to this Contract
The Customer acquires the computer software without usage rights. He was expressly informed by the Seller that he may only use the software on conclusion of a separate usage contract with SPORTS RENTAL. The registration card to be completed for this purpose was given to the Customer together with the General Terms and Conditions of SPORTS RENTAL before conclusion of contract. The Customer has confirmed this with his separately signed acknowledgement of receipt on the registration card.
§ 2 Warranty
(1) Defects in the supplied software, including manuals and other documents, will be rectified within the warranty period of six months from delivery after corresponding notification by the Customer. The Seller can decide whether this should be done by rectification of the defects free of charge or by a replacement delivery.
(2) If the defect cannot be rectified within an appropriate period of time or if the rectification of defects or the replacement delivery are deemed not to have been successful, the Customer can choose to demand either a reduction of payment (abatement) or recision of the Contract (cancellation). Rectification or a replacement delivery will only be deemed to have failed if the Seller has had an adequate opportunity to rectify the defect or to supply a replacement delivery, if this is impossible, if the Seller refuses to do so or does so with an unacceptable delay, if there are justified doubts as to the prospects of success, or if there are other unacceptable reasons.
§ 3 Liability
(1) The Seller is liable without restriction for deficiencies in title or the absence of warranted quality. Liability for prior inability to perform, default or subsequent impossibility of performance is limited to five times the assignment fee as well as to such damages which are typically to be expected as part of a software assignment. In all other respects the Seller is only liable for intention and gross negligence, including of his legal representatives and vicarious agents, in so far as no duty is breached the adherence to which is of particular importance for achieving the purpose of the contract (cardinal duty). If a cardinal duty is breached, liability as restricted for prior inability to perform applies accordingly.
(2) The ski binding release value is calculated using the specified customer data. As a matter of principle, the calculation must be checked by the person who undertakes the adjustment of the bindings using the valid specifications. Liability by SPORTS RENTAL or the Seller for damage arising from the wrong ski binding release value is excluded.
§ 4 Duty of checking and complaint
(1) The customer undertakes to check the supplied software for obvious defects which an average customer would notice without difficulty. Complaints about obvious defects, particularly the absence of data media or manuals as well as considerable, easily visible damage to the data medium must be notified to the Seller within a period of two weeks from delivery.
(2) The Seller does not warrant that the software meets the requirements of the purchaser or that it works with other programs or products selected by him.
(2a) Complaints about defects which are not obvious must be notified to the Seller within two weeks of having been noticed by the Customer.
(3) Defects, particularly the symptoms which occur, must be described as precisely as possible.
(4) In the event of breach of the duty of checking and complaint, the software is deemed to have been approved in respect of the defect concerned.