1. Minimum billing quote
1.1 In all cases where the Buyer already owns addresses and/or data a minimum billing quote of 80% (referring to the selection) is applied.
2.1 Shipping of data is commonly made in Excel format (*.xls or *.xlsx) as the primary data format and the packed with WINrar using password protection (secondary data format).
2.2 Shipment without password protection is not possible.
2.3 The password will be sent immediately after money receipt.
3. Invoicing and payments
3.1 The Seller will bill immediately after having received the signed order.
3.2 All payments are required as prepayments immediately after billing.
3.3 Any expenses incurred the money transfer are for the Buyer’s account.
4. Scope of supply and services
4.1 Any information, whether oral or in writing relating to the product delivered according this Agreement including without limitation information contained in brochures, catalogues or other written material shall not be part of this Agreement unless expressly referred to in this Agreement.
5. Delay in fulfilment
5.1 Any delay on the part of the Buyer in the fulfilment of his financial obligation or other assistance duties will cause an equivalent extension of the delivery period.
5.2 The same shall apply, if the Seller doesn’t receive an official approval in time.
6. Delay in payments
6.1 If the payment is not received on the Seller’s account in accordance with this contract within the agreed date the Seller shall be entitled to rescind the contract or to bill contracted capacities and/or resources.
7. Force majeure
7.1 As cases of force majeure are considered all such events that are unforeseeable by the parties at the time of conclusion of the contract and are unavoidable even with due observance of the necessary care, such as acts of God, war and labor disputes. This shall also apply if such events occur with subcontractors.
7.2 During the period of force majeure the contractual obligations and rights shall be suspended.
7.3 The party concerned shall inform the other party without delay on the beginning and the cause of the delay and later on the cessation thereof.
7.4 If force majeure lasts for more than 6 months, both parties will make a decision with respect to the further execution of the contract.
7.5 If the parties do not come to an agreement, either party may bring the matter before the contractual arbitration tribunal.
8. Letter of complaint
8.1 The Buyer shall examine the delivered products immediately after receipt in every respect for any non-conformity with the Contract.
8.2 The Buyer shall give notice to the Seller by fax of any non-conformity with the Contract within 7 days after receipt of the products specifying in detail the non-conformity.
9.1 The Seller shall not be liable for defects caused by external data sources and/or modifications made without his written consent.