Standard Terms of Business

VALIDITY

1.1 Paragon Technologie GmbH, Systemprogrammierung adduce his services only in accordance with this General conditions of Business or a single contract. The General conditions of Business shall become also valid for all future contracts, even if it is not emphasized upon particularly once again. All orders and agreements shall be only then legally binding, when they are signed by Paragon Technologie GmbH, Systemprogrammierung and they shall be only binding according to the order or agreement.

1.2 General conditions of Business and/or special agreements of our clients shall become only valid, if these conditions are included in the agreement.

1.3 Paragon Technologie GmbH, Systemprogrammierung shall be anytime authorized to change or to complete this General conditions of Business including all arrangements. In this case Paragon Technologie GmbH, Systemprogrammierung is obliged to inform the clients in an adequate period of time in front of a change. If a client do not disagree in a period of two weeks after the announcement, the changes shall be valid.

1.4 Paragon Technologie GmbH, Systemprogrammierung can demand an advance payment or a bank guarantee before fulfilling a contract or an order.

1.5 Paragon Technologie GmbH has the right to change prices over contracts with long term debts.

1.6 All delivered products are property of the Paragon Technologie GmbH, Systemprogrammierung, until the client will not paid all outstanding debits

SCOPE OF SERVICE

2.1 The scope of service is fixed in a contract, agreement or any written arrangement.

2.2 Orders shall be binding upon us unless after we explicitly confirm their acceptance. Oral agreements become only valid if we confirm writing.

2.3 Paragon Technologie GmbH, Systemprogrammierung has the right to change or innovate freely services, as far as thereby no losses will arise for the client.

2.4 Delivery of Products of Paragon Technologie GmbH, Systemprogrammierung is made only at receiver's risk and at his charge, indicating separately at the bill, unless the written contract do not appoint something different. Delivery is effected directly to the Customer’s stated delivery address.

PRICE

3.1 All Prices are indicated in Euro or in Dollar according to our pricelists. The costumer can effect payment via credit card, on account (only for business clients), and cash on delivery (only in Germany, Switzerland, and Austria). We require prepayment for our non-EU Clients. Payment is only deemed effected when Paragon Technologie GmbH, Systemprogrammierung has received the amount due.

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3.3 Unless not otherwise agreed payments are requested to be made at our account at the Volksbank Breisgau-Sud, Germany, bank identification code 68061505, account number 261254. Transferring costs are at charge of the client.

3.4 The Client shall make payment to Paragon Technologie GmbH, Systemprogrammierung within fourteen (14) days of the date of invoice. In the event that any payment or part thereof remains unpaid Paragon Technologie GmbH, Systemprogrammierung may charge the Client interest at a rate 6% on the unpaid balance. Each reminder costs 5.- Euro.

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3.6 The Client has not right to reject the payment, even if the delivery is incomplete or any claim is staked out by him to Paragon Technologie GmbH, Systemprogrammierung.

3.7 Claims against bills of Paragon Technologie GmbH, Systemprogrammierung, should lay out without delay after receiving a bill. The failure of laying out a claim in time shall be seen as an approval.

COPYRIGHTS

4. 1 All programs of Paragon Technologie GmbH, Systemprogrammierung are intellectual property and amenable to the German property right. Clients may only in this case duplicate the program, if they need a backup-version. In any other case without a written permission by Paragon Technologie GmbH, Systemprogrammierung copying is forbidden.

CANCELLATION

5.1 In the case of cancellations Paragon Technologie shall have the right to demand a fair compensation for delivering and dealing with the canceled order.

WARRANTY

All information we supply regarding suitability, manufacturing quality and applicability of our products, and all technical advice and other information we supply, reflect the best of our knowledge; however, this fact does not exempt the customer from his obligation to carry out his own testing.

6.1 Our obligations under warranty shall be limited to supplying replacement components, replacement goods, reimbursement or repair; the course of action is at our discretion…

6.2. Complaints will only be considered if they are notified to us in writing and accompanied by dated proof of purchase immediately after the discovery of defects…

6.3 The warranty does not cover consequent damage or damage due to incompetent usage or transport damages.

6.4. We grant a warranty, starting after the installation of the program, for a period of six month.

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LIABILITY AND LIMITATION THEREOF

8.2 Claims of damages to Paragon Technologie GmbH, Systemprogrammierung are limited to the value of the order.

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8.4 Paragon Technologie GmbH, Systemprogrammierung do not accept liability for damage, loss of data and system software due to incompetent usage of products.

APPLICABLE LAW AND JURISDICTION

9.1 The corresponding European Union law shall become valid. Clients from non EU-states shall be subject solely to German law to the exclusion of the UN-Convention on the International Sale of Goods.

9.2 Exclusive place of jurisdiction shall be Freiburg im Breisgau, Germany, whether the Client has no legal domicile in Germany, has moved to another country or his abode is unknown at the time of petition.

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