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§ 1 Scope of Application

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1. All deliveries, services and offers provided by us shall be made exclusively on the basis of these General Terms and Conditions of Sale. These shall form an integral part of all contracts concluded with our customers (hereinafter referred to as the “Customer”) concerning the deliveries, services or offers provided by us, even if they are not separately agreed upon again.
    

2. The Customer’s or third parties’ terms and conditions shall not apply, even if PS Hard-& Software does not expressly object to their validity in an individual case. Even if PS Hard-& Software refers to a letter containing or referring to the Customer’s or a third party’s terms and conditions, this shall not constitute acceptance of the validity of such terms and conditions. Deviating terms and conditions must be separately agreed in writing.
    

3. The contractual language shall be German exclusively.
   
    

§ 2 Offers and Conclusion of Contract
 

1. Any offers and price information contained on our homepage shall be non-binding and shall not constitute offers in the legal sense unless they are expressly designated as binding or contain a specific acceptance period.
    

2. Upon request, PS Hard-& Software shall prepare an individual quotation.
    

3. The Customer shall declare acceptance of the quotation to PS Hard-& Software in writing within 30 days of the quotation date. Otherwise, the quotation shall expire.
    

4. The information contained in the quotation and these General Terms and Conditions shall be solely decisive for the legal relationship between PS Hard-& Software and the Customer. With the exception of managing directors or authorized signatories, employees of PS Hard-& Software shall not be authorized to make verbal agreements deviating from these General Terms and Conditions or from the contract.
    

5. Information provided by PS Hard-& Software concerning the subject matter of the delivery or service (e.g. dimensions, performance values, load-bearing capacity, tolerances and other technical data), as well as our representations thereof (e.g. drawings and illustrations), shall only be approximate unless exact conformity is required for usability for the contractually intended purpose. Such information shall not constitute guaranteed characteristics of quality, but rather descriptions or identifications of the delivery or service. Customary deviations and deviations resulting from statutory provisions or representing technical improvements, as well as the replacement of components with equivalent parts, shall be permissible provided that they do not impair usability for the contractually intended purpose.
    

6. We only deliver our goods to customers within the Federal Republic of Germany.
    

§ 3 Prices and Payment
 

1. Prices shall apply to the scope of services and deliveries specified in the order confirmations. Additional or special services shall be charged separately.
    

2. The prices stated in the quotation shall be exclusive of setup, installation, assembly, packaging and shipping, as well as VAT.
    

3. PS Hard-& Software shall be entitled to adjust its respective prices, subject to a notice period of three calendar months to the end of a calendar year, to reflect changing market conditions, changes in VAT or wages, as appropriate. The price change shall be notified to the Customer in text form. If the new price is 15% or more above the applicable price, the Customer shall have the right to terminate the contract with immediate effect. In this case, § 10 shall apply. The Customer must exercise this right within one month of notification in text form.
    

4. Payment shall generally be made by invoice; first-time customers shall pay in advance.
    

   a) Payment in advance: When selecting the payment method “Payment in Advance”, you will receive the bank details and order number of PS Hard-& Software together with the order confirmation pursuant to § 2 para. 4. Please transfer the amount stated therein to this account within ten days, quoting the specified order number. Once the payment has been credited to our account, the goods will be dispatched, depending on the delivery time stated for the relevant item.
    

   b) Purchase on invoice: In this case, an invoice shall be delivered together with the shipment of the goods.
    

5. Invoice amounts shall be paid within 14 days of the invoice date without deduction. If the Customer pays within seven days of the invoice date, the Customer shall receive a 2% cash discount on the invoice amount. The relevant payment date shall be the date on which payment is received by PS Hard-& Software. If the Customer fails to make payment when due, the outstanding amounts shall bear interest at a rate of 11.6% p.a. from the due date. The right to claim higher interest and further damages in the event of default shall remain unaffected.
    

6. If, after conclusion of the contract, PS Hard-& Software becomes aware that payment of the purchase price is jeopardized due to the Customer’s insufficient financial capacity, we shall be entitled to demand payment in advance or, if PS Hard-& Software has unsuccessfully granted the Customer a deadline for payment of the purchase price, to withdraw from the contract. The Customer shall, however, have the right to avert these consequences by providing security. In the event of default in payment or any other apparent lack of creditworthiness, all further claims against the Customer shall become immediately due.
    

7. The Customer shall only be entitled to set-off claims that are undisputed by us or have been legally established against us. The Customer shall only be entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
    

§ 4 Delivery and Delivery Period
 

1. Unless a fixed period or fixed date has been agreed in writing, our deliveries and services shall be performed as soon as possible, but no later than within approximately six weeks, unless otherwise agreed between the parties. If we fail to meet an agreed delivery date, the Customer shall grant us a reasonable grace period, which shall in no case be less than two weeks.
    

2. All delivery periods specified or otherwise agreed by us shall commence:
    

   a) if delivery against payment in advance has been agreed, on the day on which the full purchase price (including VAT and shipping costs) is received; or
    

   b) if purchase on invoice has been agreed, on the day on which the purchase contract is concluded.
    

3. The date on which the goods are handed over by us to the shipping company shall be solely decisive for compliance
   with the shipping date.
    

4. PS Hard-& Software shall be entitled to make partial deliveries if:
    

   • the partial delivery can be used by the Customer for the contractual intended purpose;

   • delivery of the remaining ordered goods is ensured; and

   • the Customer does not incur any significant additional effort or costs as a result thereof (unless PS Hard-& Software agrees to bear such costs).
      

   Packaging and shipping costs shall only be charged once in such cases.
    

5. Even if goods are designated as “in stock” in the quotation, PS Hard-& Software shall be entitled to sell these goods at any time if:
   
   a) the quotation contains a notice that the goods are only available in limited quantities; or
   
   b) delivery against payment in advance has been agreed and payment is not received within five working days after acceptance of the quotation.
    

   In these cases, shipment within the agreed or specified period shall only be made while stocks last.
    

6. In the event that the ordered goods are unavailable for reasons for which PS Hard-& Software is not responsible, due to the failure of or incorrect delivery (including delivery of insufficient quantities) by our supplier or upstream supplier, despite PS Hard-& Software having concluded a supply contract with such supplier for the ordered goods, PS Hard-& Software reserves the right not to deliver. In this case, we undertake to inform you immediately of the unavailability of the ordered goods and to immediately refund any consideration (payments) already received from you.
    

7. PS Hard-& Software shall not be liable for impossibility of delivery or delays in delivery insofar as these are caused by force majeure or other events that were unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, or official measures) for which we are not responsible. If such events substantially impede or render impossible the delivery or service and the impediment is not merely temporary, we shall be entitled to withdraw from the contract. In the event of temporary impediments, the delivery or service periods shall be extended or the delivery or service dates postponed by the duration of the impediment plus a reasonable restart period. If, as a result of the delay, the Customer cannot reasonably be expected to accept the delivery or service, the Customer may withdraw from the contract by immediately notifying PS Hard-& Software in writing.
    

8. In the cases specified in paragraphs 5–7, the Customer shall be informed immediately of the inability to deliver, and any consideration already provided shall be refunded immediately.
    

9. If PS Hard-& Software is in default with a delivery or service, or if a delivery or service becomes impossible for any reason whatsoever, PS Hard-& Software’s liability for damages shall be limited in accordance with § 8 of these General Terms and Conditions.
    

§ 5 Place of Performance, Shipping, Transfer of Risk, Acceptance
 

1. The registered office of PS Hard-& Software shall be agreed as the place of performance for all mutual obligations arising from the contract. If PS Hard-& Software is also responsible for installation, the place of performance shall be the location where the installation is to be carried out.
    

2. Unless expressly agreed otherwise, we shall determine the appropriate method of shipment and the transport company at our reasonable discretion.
    

3. We shall only be responsible for the timely and proper delivery of the goods to the transport company and shall not be responsible for delays caused by the transport company. Any shipping duration stated by us shall therefore be non-binding.
    

4. The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer upon handover; in the case of shipment sales, upon delivery of the goods to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If shipment or handover is delayed due to circumstances attributable to the Customer, the risk shall pass to the Customer on the day on which the goods are ready for shipment and PS Hard-& Software has notified the Customer accordingly.
    

5. The shipment shall only be insured by the Seller against theft, breakage, transport, fire and water damage or other insurable risks at the express request of the Customer and at the Customer’s expense.
    

6. Where acceptance is required, the work shall be deemed accepted if:
   
   a) delivery and/or, insofar as PS Hard-& Software is also responsible for installation, installation has been completed;
   
   b) PS Hard-& Software has notified the Customer thereof, referring to the deemed acceptance under this provision, and requested acceptance; and
   
   c) ten working days have elapsed since delivery or installation or the Customer has commenced use of the goods.

   If the ordered work is accepted in parts, the corresponding partial remuneration shall become due upon each such partial acceptance.
    

§ 6 Customer’s Duty to Cooperate
 

1. The Customer shall provide the necessary infrastructure (telephone and data connection, Internet access) to ensure that service operations can be performed without hindrance.
    

2. All security-related incidents (such as loss or use of data and programs, suspected misuse of the Customer’s user credentials, etc.) must be reported to PS Hard-& Software immediately. The Customer shall refrain from attempting to investigate such incidents independently so that potentially valuable evidence and traces are neither altered nor lost.
    

3. The Customer shall ensure that its data is backed up independently.
    

4. For maintenance, troubleshooting or similar purposes, the Customer shall provide PS Hard-& Software with data material as required.
    

5. If maintenance via hotline or remote maintenance cannot be carried out or is unsuccessful, the Customer shall make the relevant hardware available to PS Hard-& Software by delivering it to PS Hard-& Software. The Customer shall have no claims arising from this.
    

6. The Customer shall independently assess whether its use of any personal data complies with applicable data protection requirements and shall observe the applicable data protection regulations.
    

7. The Customer undertakes not to make the login data provided by PS Hard-& Software for the information area accessible to third parties or to make the information stored there accessible to third parties.
    

8. If the Customer breaches its duties to cooperate, it shall not be entitled to assert any claims against PS Hard-& Software arising from the resulting consequences (failure to perform maintenance, unavailability of the hotline, loss of data, lost profits, etc.). If the Customer breaches paragraph 7, its access to the information area shall be blocked immediately.
    

§ 7 Warranty
 

1. The warranty period shall be one year from delivery or, where acceptance is required, from acceptance.
    

2. The Customer shall inspect the goods carefully immediately after shipment. The delivered goods shall be deemed approved by the Customer if a defect is not reported (i) in the case of obvious defects, within five working days after delivery, or (ii) in other cases, within five working days after discovery of the defect.
    

3. PS Hard-& Software may choose between remedying the defect and delivering defect-free goods, provided that this choice is notified to the Customer in text form (including by fax or e-mail) within three working days after receipt of notification of the defect. PS Hard-& Software may refuse the type of subsequent performance chosen by the Customer if this would only be possible at disproportionate cost. With regard to software: in the event of significant deviations from the performance specification, PS Hard-& Software shall be entitled and, insofar as this does not involve unreasonable effort, obliged to remedy the defect.
    

4. If subsequent performance pursuant to § 7 para. 3 fails or is unreasonable for the Customer, or if PS Hard-& Software refuses subsequent performance, the Customer shall, in each case in accordance with applicable law, be entitled to withdraw from the contract, reduce the purchase price, or claim damages or reimbursement of futile expenses. Claims for damages by the Customer shall also be subject to the special provisions of § 8 of these General Terms and Conditions.
    

5. If the complaint is unjustified and the item is found to be free of defects, PS Hard-& Software shall be entitled to charge the customer for the actual shipping, inspection and processing costs incurred. The amount of these costs shall depend on the actual time and effort required for the inspection and processing and shall be limited to a maximum of EUR 350.00. The customer shall remain entitled to prove that a lower amount of costs was incurred.
    

6. The warranty shall lapse if the Customer modifies the delivery item without the consent of PS Hard-& Software or has it modified by third parties and such modification makes the remedy of the defect impossible or unreasonably difficult. This shall apply in particular to defects caused by deviation from the operating conditions specified for the contractual software and stated in the performance specification. In all cases, the Customer shall bear any additional costs of remedying defects resulting from the modification.
    

7. If malfunctions occur in the contractual software during the contractual term which are not attributable to an initial defect in the contractual software, PS Hard-& Software shall provide, against additional remuneration, a telephone support service through which the Customer may obtain advice on remedying malfunctions that can be resolved by the Customer itself. If this is unsuccessful, chargeable on-site support shall be provided. On-site support shall be performed by qualified PS Hard-& Software personnel at the Customer’s premises and shall include an inspection of the application’s operating conditions and the error documentation provided by the Customer, as well as supplementation thereof where necessary. If it is determined on site that repair at the Customer’s premises is not possible, PS Hard-& Software shall be entitled to take the item away for repair. The resulting expenses (packaging, transportation, etc.) shall be borne by the Customer.
    

8. Within reason, the Customer shall take the necessary measures to identify, isolate and document errors or other defects.
    

9. PS Hard-& Software’s strict liability for defects already existing at the time of conclusion of the contract shall be excluded. PS Hard-& Software shall not be liable for the Customer’s lack of economic success.
    

§ 8 Liability
 

1. Without prejudice to the other statutory requirements for claims, the following exclusions and limitations of liability shall apply to PS Hard-& Software’s liability for damages.
    

2. We shall be liable in cases of intent or gross negligence. In cases of ordinary negligence, we shall only be liable for the breach of an obligation whose fulfilment is essential for the proper performance of the contract and on compliance with which the contractual partner may generally rely (so-called cardinal obligation). In all other respects, liability for damages of any kind, irrespective of the legal basis, including liability for culpa in contrahendo, shall be excluded.
    

3. Where PS Hard-& Software is liable for ordinary negligence pursuant to paragraph 2, liability shall be limited to the damage which PS Hard-& Software foresaw at the time of conclusion of the contract as a possible consequence of a breach of contract or which it should have foreseen in the exercise of customary due care. Indirect and consequential damages resulting from defects in the delivery item shall additionally only be compensable insofar as such damages are typically foreseeable when the delivery item is used for its intended purpose.
    

4. The above exclusions and limitations of liability shall not apply where PS Hard-& Software has assumed a guarantee as to the quality of the goods, to damages that must be compensated pursuant to the German Product Liability Act, to damages to life, body or health, or to statutory claims.
    

5. In cases of liability for ordinary negligence, PS Hard-& Software’s obligation to compensate for property damage and resulting further financial losses shall be limited to EUR 3,000.00 per claim (corresponding to the current coverage amount of its product liability or general liability insurance), even if the damage concerns a breach of essential contractual obligations.
    

6. Insofar as PS Hard-& Software provides technical information or advisory services that do not form part of the contractually agreed scope of services owed by it, such information or advice shall be provided free of charge and without any liability.
    

7. The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties engaged by us to perform the contract.
    

8. In all other respects, PS Hard-& Software shall only be liable if it is responsible for the non-compliance with the contract. In particular, PS Hard-& Software shall not be liable for:
    

   a) failures for which PS Hard-& Software or the hosting provider is not responsible, in particular external DNS and routing problems or attacks on the licensor’s network and mail infrastructure;
    

   b) failures caused by the Customer;
    

   c) failures resulting from improper use or repair of Customer-owned hardware or software, or from systems not being installed, operated or maintained in accordance with the manufacturer’s guidelines;
    

   d) insofar as the loss could have been prevented by appropriate data backup measures taken by the Customer.
    

§ 9 Retention of Title
 

1. The delivered goods shall remain the property of PS Hard-& Software until payment has been made in full.
    

2. During the period of retention of title, the Customer shall not pledge the goods or transfer ownership thereof by way of security. The Customer shall immediately notify PS Hard-& Software upon becoming aware of any third-party seizure or other access to the goods subject to retention of title. The Customer shall be liable for all costs incurred in lifting such third-party measures, in particular through the filing of an action for third-party opposition, insofar as reimbursement of such costs cannot be obtained from the relevant third party.
    

3. In all other respects, the Customer shall be entitled to resell and process the goods in the ordinary course of business. The Customer hereby assigns to PS Hard-& Software, by way of security, all claims arising from the resale or other disposition of the goods. PS Hard-& Software hereby accepts this assignment. PS Hard-& Software shall also be authorized to collect, in its own name, the claims assigned to it.
    

4. The Customer undertakes to treat the goods with due care and, at its own expense, to adequately insure them against loss or damage, in particular by fire, water, burglary or theft.
    

5. In the event of conduct contrary to the contract by the Customer, in particular default in payment, PS Hard-& Software shall have the option of withdrawing from the contract and demanding return of the goods subject to retention of title or asserting its claim against the Customer immediately.
    

6. PS Hard-& Software shall also retain ownership of all quotations and cost estimates issued by it, as well as drawings, illustrations, calculations, brochures, catalogues, models, tools and other documents and aids provided to the Customer. Without the express consent of the Customer, PS Hard-& Software may not make these items available to third parties, disclose them, use them itself or through third parties, or reproduce them, either as such or in terms of their content. At the request of PS Hard-& Software, the Customer shall return these items in full and destroy any copies made if they are no longer required in the ordinary course of business or if negotiations do not result in the conclusion of a contract.
    

§ 10 Termination, Return and Deletion of Licensed Material
 

1. The terms and termination periods specified in the contract shall apply.
    

2. Termination must be declared to PS Hard-& Software in text form.
    

3. The right to extraordinary termination shall remain unaffected. The statutory provisions shall apply in this respect.
    

4. Upon the effectiveness of a termination, irrespective of the time or reason for termination, the Customer shall be obliged to return the original and all copies and partial copies of the licensed material to PS Hard-& Software. This shall also apply to modified versions of the licensed application pursuant to § 2. In the case of licensed material recorded on data carriers or the Customer’s hardware, return shall be replaced by destruction or complete deletion of the recording. Where applicable, the Customer shall confirm such destruction or deletion to PS Hard-& Software in writing.
    

§ 11 Data Protection
 

1. PS Hard-& Software points out that personal data shall be stored as part of the performance of the contract. The Customer consents to the collection and use of such data to this extent.
    

2. PS Hard-& Software further informs the Customer that, in the course of providing services, particularly during remote maintenance, access to personal data may occur.
    

3. PS Hard-& Software shall take the technical and organizational security precautions and measures required under the General Data Protection Regulation (GDPR). In particular, PS Hard-& Software shall protect the services and systems within its access, as well as application data and, where applicable, other data stored on the server relating to the Customer or its customers, against unauthorized access, storage, alteration or other unauthorized access or attacks—whether through technical means, viruses or other malicious programs or data, or physical access—regardless of how such access occurs. For this purpose, PS Hard-& Software shall take appropriate and customary measures required according to the state of the art, in particular virus protection and protection against similar malicious programs, as well as other measures to secure its facilities, including protection against burglary.
    

4. In all other respects, PS Hard-& Software shall comply with the statutory provisions when processing the Customer’s personal data.
    

§ 12 Applicable Law and Place of Jurisdiction
 

1. These General Terms and Conditions and the entire legal relationship between PS Hard-& Software and its contractual partners shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
    

2. The place of jurisdiction shall be Kempten. Mandatory statutory provisions concerning exclusive places of jurisdiction shall remain unaffected by this provision.
    

Note: These General Terms and Conditions reflect the status as of 08 November 2025 and take into account only the information available to the signatory at that time. The signatory shall therefore not be liable for subsequent changes in legislation or case law.

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