Version: February 2017
Joysys GmbH Franz-Pichler-Straße 30 8160 Weiz
- The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts of Joysys GmbH (hereinafter referred to as “Joysys”) with its customers about the delivery of their products and / or the provision of a service, the provision of software and their Updates / Upgrades and the provision of related services.
- Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
- Deviations from our general terms and conditions or deviant terms and conditions of the customer will not be accepted by Joysys, except in cases where Joysys has confirmed this in writing.
Prices and terms of payment
- Offers from Joysys are non-binding. Deviations or alterations made orally or by representatives of Joysys must be confirmed in writing by Joysys to be valid.
- The prices of Joysys are ex works plus applicable VAT. Costs for packaging, postage and delivery will be charged separately.
- The purchase price is due without deduction immediately upon receipt of the invoice at the customer for payment, as far as no other term of payment has been agreed. If the term of payment is exceeded, Joysys shall be entitled to claim default interest in the amount of 8 percentage points above the base interest rate from the time of default.
- A right of refusal or retention of a customer, if he is an entrepreneur, is granted only if the claim to which the right is based is undisputed or has been established as final and absolute. Offsetting by the customer, even if he is not an entrepreneur, is only permissible if the counterclaim has been legally established or is undisputed.
Retention of title
- Joysys retains title to the goods sold / delivered until fulfillment of all claims – including senior, future and conditional claims, including all ancillary claims and claims for damages – arising from the business relationship with the customer.
- The customer is obligated to treat the goods with care during the period of retention of title and furthermore insure them adequately at their own cost against fire, water and theft damage as replacement value.
- In the event of seizure or other interference by third parties, the customer must immediately notify Joysys in writing so that Joysys can enforce its ownership rights. Insofar as the third party is unable to reimburse Joysys for the legal and extrajudicial costs incurred in this connection, the customer shall be liable for the damage incurred by Joysys.
- The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns the claim of the customer from the resale of the reserved goods to Joysys in the amount of the final invoice amount agreed with us (including statutory value added tax). If the value of the collateral granted to Joysys exceeds the total claims by more than 20%, Joysys is obliged to release collateral in excess volume.
Place of delivery and service, take-back obligations
- The delivery obligation of Joysys shall be governed by the order confirmation from Joysys, these Terms and Conditions and the Software Usage Conditions (as applicable). Unless otherwise agreed between the parties in writing, the delivery will be ex works.
- When shipping the goods, Joysys may itself choose the means of transport and the shipping route, excluding any liability. This exclusion does not apply if Joysys acts grossly negligent or it comes to the injury of the life, the body and the health.
- Delivery dates and deadlines mentioned by Joysys are not binding.
- If products and / or services are shipped by Joysys at the request of the customer, the risk of damage and loss shall pass to the customer upon the shipment to Joysys. To conclude a transport insurance, Joysys is only obligated to the express request of the customer. The costs are borne by the customer.
- If a software is downloaded, the risk is transferred to the customer as soon as he has received the required server access or has installed the software locally.
- Joysys may provide partial deliveries if a partial delivery is reasonable for the customer and does not significantly affect the interests of the customer.
- Claims for damages due to non-observance of delivery times or delivery dates are excluded unless Joysys is responsible for the delay due to intent or gross negligence.
- Joysys shall be entitled to rescind the contract at any time, including after delivery, if, on reasonable commercial judgment, due to a lack of creditworthiness of the customer, the fulfillment of the claims of Joysys appear to be jeopardized. If Joysys rescinds, the customer is obliged to pay Joysys 20% of the value of the order as a flat-rate reimbursement of expenses, unless Joysys is responsible for the termination of the contractual relationship. The customer reserves the right to prove that Joysys suffered less or no damage. If Joysys has already delivered, then the customer is obligated to the immediate, free return of the goods to Joysys.
- Joysys also has the right to rescind the contract if Joysys or its suppliers fail to perform because of malfunction, official action, lack of manpower or raw materials, labor disputes or any other force majeure beyond the control of Joysys comes.
Obligation to examine and notice of defects
- The customer is obliged to inspect the packaging and the products immediately after delivery and to report any damage to the freight forwarder immediately.
- Obvious defects, including transport damage, must be reported in writing to Joysys in writing without delay, but in any event no later than 5 days after receipt of the goods at the place of destination. This applies in business dealings with non-traders only to the extent that they are obvious defects.
- Due to insignificant defects, the acceptance may not be refused. If a deadline set by Joysys expires without result, acceptance shall be deemed to have been granted.
Warranty and liability
- Unless otherwise expressly agreed, Joysys merchandise is state-of-the-art and conforms to the product information and specifications provided by Joysys, including any special licensing agreements and / or license terms of the Joysys (Software Usage Conditions) for the Software.
- From the time of delivery, Joysys warrants that the goods, in particular software, will essentially function as described in the product description, provided that the goods are used in one of the reference systems tested by Joysys. The information on reference systems will be provided by Joysys upon request.
- The customer is informed that according to the current state of the art program errors in software cannot be safely ruled out despite the utmost conscientiousness and diligence and that software and hardware work flawlessly in all applications and combinations.
- In case of errors or incompleteness of the information based on faulty data of third parties, the warranty is excluded.
- Customer agrees to provide Joysys with all documentation and information necessary to correct the defect. Program errors, change needs and other circumstances that indicate the need for similar action must be promptly communicated to the customer by Joysys
- Errors reported by the customer, in particular objectifiable data reported by the customer, will be remedied by Joysys as soon as possible. If a bug fix is not possible, Joysys will develop a fallback solution.
- If at the request of the customer foreign individual or standard software is integrated into systems supplied by Joysys, then Joysys is not liable for the compatibility and function.
- Joysys does not assume any warranty or liability for damages resulting from the following: improper or improper use, natural wear, incorrect assembly or commissioning by the customer or third parties, incorrect or negligent treatment and unsuitable operating resources. Furthermore, Joysys is not liable for damages resulting from the fact that the delivery item is housed in rooms that have structural defects or in which the delivery item is exposed to chemical, electrochemical or electrical influences or polluted air
- Joysys also provides no warranty or liability for damages resulting from the equipment being operated in combinations with systems not tested and / or approved by Joysys (reference), nor for damages resulting from missing or poor study the product description, instructions for use, non-compliance with the instruction steps of the medical device consultant (§79 MPG) or their defective implementation of the customer or third parties are due.
- Joysys warrants defects in the form of subsequent performance, at its discretion, by rectification of defects or replacement. The type of remedy can freely choose Joysys.
- If the customer chooses to withdraw from the contract because of a legal or material defect after failed supplementary performance, he is not entitled to any claim for damages due to the defect.
- Further claims, in particular claims for damages, of the customer, no matter on what legal grounds, are excluded, unless Joysys is responsible in individual cases of intent or gross negligence. This disclaimer of liability does not apply to liability for damage resulting from injury to life, limb and health, as well as liability for damage under the Product Liability Act or from guarantees. For slightly negligent breaches of essential contractual obligations, the liability is limited to the replacement of the typically foreseeable damages.
- Entry fees apply in Euro excl. VAT. and must be paid within two weeks of receiving the invoice.
- The event can be canceled in writing up to 7 working days before the start of the course. Fees paid will be refunded, further claims are excluded
- The withdrawal from the registration must be in writing and is free of charge up to 7 working days before the beginning of the course. Thereafter, 50% of the participation fee will be charged and in case of cancellation one day before the course or in case of no-show the full participation fee will be charged. However, it is possible to nominate substitute participants.
- Claims of the customer due to material defects or defects of title lapse within one year after delivery.
- For other claims of the customer from the contract as well as from a debt relationship (§ 859 ABGB), a limitation period of one year from the statutory limitation period begins.
The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
Place of performance, jurisdiction
Place of fulfillment and jurisdiction is Graz. However, Joysys is entitled to sue the customer at his general place of business.
- The law of the Federal Republic of Austria applies. The provisions of the UN Sales Convention (CISG) are excluded. The contract language is German.
- Should individual provisions of the aforementioned General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of all other provisions or agreements. Both parties undertake to come to a settlement in such a case that comes closest to the economic purpose of the ineffective clause.
- The customer agrees to the collection, processing and use of customer-related data, which are necessary for doing business in compliance with data protection regulations, expressly. Joysys will make the contract information available only to those employees and authorized service partners who need access to perform their assigned duties.
IBAN: AT67 1700 0001 0015 2851