Services aimed at remedying your problem will be provided on submission of a purchase order and in accordance with the terms and conditions indicated in the following.
We will e-mail you an order confirmation within the aforementioned response time, whereby such confirmation will constitute acceptance of your order.
ConSol* GmbH business hours are Monday through Friday from 9 a.m. to 6 p.m. Queries are processed solely during these times.
Remote administration: Remote administration means that ConSol* technicians log on to the relevant customer system and work on the problem within this system. Such log on is based on the connection data provided by the customer ahead of time. No on-site service can or will be provided within the framework of our remote administration service.
Spare parts: Hardware and any problems arising therefrom are not included in the scope of delivery of this purchase order. However, we can bring to your attention any hardware defect that we identify in attempting to determine the source of the problem that forms the subject of your purchase order. In such cases, the customer is responsible for replacing the relevant components.
Terms of payment: Services are billed on a cost per service basis. All invoices are payable within 7 days following the invoice date; no discounts of any kind are allowed. All prices are subject to sales tax (VAT).
Repair times: We cannot guarantee any specific repair time based on an individual purchase order, as such times vary greatly depending on the nature of the problem involved.
System access: You are to provide us with all data we need to log on to the relevant systems. The time expended on coordination of the log-on procedure counts as labor time.
Software and hardware problems: If, in working on a problem for you, we come upon a software or hardware anomaly or discover that a software or hardware anomaly is the source of the order related problem, you will need to contact the relevant vendor to remedy such anomaly. However, we will try to devise and implement a workaround insofar as possible.
Order fulfillment: In fulfilling purchase orders, ConSol* will abide by generally recognized principles of software engineering and will carry out the attendant services with due care via suitably qualified personnel. We also guarantee that we will provide our full support in the interest of successfully fulfilling your purchase order. In addition, the customer is to ensure that we are provided with all relevant information and documentation in such a way that the following requirements are met:
- ConSol* is to be provided with all information, documentation, materials and tools that are necessary for successful realization of the project
- ConSol* is to be provided with the name of a coordinator in charge, for the requisite documentation and the aptness of any test environment that may be needed
- ConSol* is to be provided with the name of a party that will accept the deliverables and who, in the event any defect in such deliverables comes to light that may need remedying, will submit to us a written request for the realization of such remedy within 21 days following provisioning of such deliverables.
Non-disclosure and data privacy: The vendor shall abide by all applicable data policy regulations. Under no circumstances shall the vendor or customer disclose to any third party any confidential information that may be obtained within the framework of any purchase order. The parties shall refrain from disclosing to any third party any information of any kind obtained from the other party in connection with the fulfillment of any purchase order. This nondisclosure covenant shall also remain in force on fulfillment of any such purchase order.
Acceptance and warranty: The customer shall examine and test the deliverables without delay. The customer shall be deemed to have accepted the deliverables insofar as the customer fails to report to ConSol* in writing, within 21 days following notification of completion, any defect identified by the customer. Insofar as any such defect is reported to ConSol*, ConSol* shall set a deadline for remedying such defect. The customer shall likewise be deemed to have accepted the deliverables insofar as the customer begins using the deliverables for production purposes. The warranty period shall begin on acceptance of the deliverables by the customer and shall end one year thereafter. The warranty shall apply solely to the provisioned software, whereby any application of the warranty to any modification or configuration effected by the customer shall be excluded.
Additional terms and conditions: In the event of any instance of force majeure, any customer right to any further performance of any covenanted service shall be excluded, whereupon the customer shall be billed on a cost per service basis for all deliverables that were provisioned prior to such instance of force majeure. Any other claim of any other kind whatsoever by either party attributable to force majeure shall be excluded.
Should any individual provision hereof be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such a case, the parties shall replace any provision of the Agreement that becomes ineffective with a clause whose effectiveness and feasibility are as close as possible to the intentions of the invalid clause.
Any changes in or amendments to the terms and conditions hereof shall be effected in a writing.