General Terms and Conditions (GTC) – Lugrain Software GmbH

1. Scope 

These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between Lugrain Software GmbH and its customers. The use of the software supplied by Lugrain Software GmbH is also subject to the respective end user license agreement (EULA) in the version valid at the time of delivery. This EULA is an integral part of the contractual relationship.
Deviating terms and conditions of the customer are not recognized unless Lugrain Software GmbH expressly agrees to their validity in writing. 

2. Conclusion of Contract 

A contract is concluded by written confirmation of an order, by delivery of goods, or by provision of the service. Offers are non-binding and subject to change unless expressly marked as binding. 

3. Scope of Services 

The scope of services to be provided by Lugrain Software GmbH is determined by the respective service description in the contract or offer. Changes or extensions to the scope of services require written agreement. 

4. Prices and Payment Terms 

All prices are net plus the applicable statutory value-added tax. Payments are due within 10 days of invoicing without deduction. In the event of default in payment, the company is entitled to charge default interest at the statutory rate. 

5. Delivery 

Delivery dates are non-binding unless expressly agreed as binding. In the event of delivery delays due to force majeure or other unforeseeable events, the delivery period shall be extended accordingly. 

6. Rights of Use 

The customer receives a simple, non-transferable right of use to the delivered software or service. Transfer, rental, or sublicensing is not permitted without the express consent of the company. 

7. Warranty 

Lugrain Software GmbH warrants that the delivered products and services conform to the contractually agreed condition. In the event of defects, the customer is entitled to rectification. Further claims are excluded unless required by law. 

8. Liability 

The company is liable only for damages resulting from intentional or grossly negligent conduct. Liability for indirect damages, consequential damages, or lost profits is excluded to the extent permitted by law. 

9. Data Protection 

Personal data is processed exclusively in accordance with applicable data protection laws. Further information can be found in the Lugrain Software GmbH privacy policy. 

10. Place of Jurisdiction 

The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of Lugrain Software GmbH, provided the customer is a merchant. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. 

11. Severability Clause 

Should individual provisions of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose. 

12. Amendments to the GTC 

Lugrain Software GmbH reserves the right to amend these GTC at any time. Changes will be communicated to the customer in good time. If the customer does not object to the changes within 14 days of notification, the amended GTC shall be deemed accepted.