Updated: June, 2004

For all offers, orders, deliveries and achievements of the Rehm&Sulzberger OEG, ( "OEG - Offene Erwerbsgesellschaft", stands for Open Business Corporation) only the following terms of business are exclusively determining. Divergent arrangements from these conditions are only effective if they are agreed upon in writing. Other terms of business do not become contract contents, even if they are not expressly contradicted.

Offers of Rehm&Sulzberger OEG are not-binding and noncommittal. A contract becomes only valid through written confirmation of the order by Rehm&Sulzberger OEG or with delivery of the goods to the transporter of Rehm&Sulzberger OEG, within 14 days from receipt of the order with Rehm&Sulzberger OEG.

3.1  The Rehm&Sulzberger OEG expressly draws attention to the fact that it is not possible, according to the state of the technology, to develop computer programs that work perfectly under all conceivable conditions. Rehm&Sulzberger OEG guarantees each time that the software is basically useful for the purposes of the program description.

3.2  Except in expressly written arrangements, Rehm&Sulzberger OEG takes no guarantee that the program functions are sufficient for the requirements of the customer or that they are adequate for certain activities assured.

3.3  If not expressly agreed in writing, Rehm&Sulzberger OEG provides no guarantee for the compatibility of the delivered software with some other programs or hardware components.

3.4  The license terms in the respective software packages count as supplements of these general terms of business.

3.5  The customer accepts the purchase by opening the sealed CD-ROM package in sense of paragraph 3.4. A refund or an exchange for another product is not more possible.

3.6  In case of redemption of originally sealed software, Rehm &Sulzberger OEG reserves the right to adjust the refunded price according to the offered price list and paid shipping costs.

4.1  Delivery dates are only binding if they are expressly confirmed in writing by Rehm&Sulzberger OEG. If an achievement is delayed through the promised time by Rehm&Sulzberger OEG, the customer can assert rights only at the end of a term of at least two weeks, unless the customer proves that his interest has been completely lost through overstepping of the time limit. In case Rehm&Sulzberger OEG should be late with the delivery, or in case the delivery should be impossible for Rehm&Sulzberger OEG, substitute or indirect damages are excluded, if those delivery problems are not caused by gross negligence or willful breach of contract by Rehm&Sulzberger OEG.

4.2  In case Rehm&Sulzberger OEG can't deliver the contract in time or at all because of a higher power (in particular strike, lockout, material failure, transportation- or company barrier), it can withdraw from the contract without an obligation towards damages.

4.3  With delivery of the commodity to shipping, the danger passes on to the customer. This applies also if freight-free delivery was agreed upon. If the product is to be picked up by the customer, the danger passes on to the customer through the announcement of placing the commodity at disposal.

5.1  In absence of divergent arrangement, the prices of Rehm&Sulzberger OEG start counting from Vienna. Unless differently agreed, payments have to be made also with partial deliveries. The terms of payment on the invoice apply. The valid price list applies in each case.

5.2  Should the customer's payment be delayed, Rehm&Sulzberger OEG is entitled to request default interests, arrears of 2% above the national bank-minimum lending rate. It is an option for the abet contracting party to prove that a higher or further damage, caused by delay or a lower damage caused by delay, has originated in each case. The default interests are calculated for every day that has started, in which the contract is fulfilled, during which Rehm&Sulzberger OEG is sending, supplying or delivering the requested goods.

5.3  The customers can charge only counterclaims if these are ascertained indisputable or legally. The customer can only assert a retention right in regards of a counterclaim if the payment claim of the Rehm&Sulzberger OEG, and the counterclaim of the customer, are based on the same contractual relationship.

6.1  The commodity remains the product property of Rehm&Sulzberger OEG up to the complete payment of the purchase price. Pawning, safety conveyance or surrender of the product in way of exchange are not permitted to the customer.

7.1  The customer has the duty to examine the commodity delivered from Rehm&Sulzberger OEG immediately after the receipt and to indicate any damages, defects or objections in writing within 14 days to the Rehm&Sulzberger OEG. In case the guarantee claim is not announced timely, the customer loses the guarantee right, unless the problem was not recognizable through investigation and within the term.

7.2  Liability for Rehm&Sulzberger OEG from damages and property losses which have originated from the use of a program or a device are excluded, unless the damage is to be led back on an intentional or willful careless breach of contract by Rehm&Sulzberger OEG. The receiver is the only responsible party for the correct application and for data protection.

7.3  The guarantee of Rehm&Sulzberger OEG limits itself after their choice for spare delivery or finishing touches. In addition, through use of these general terms of business, in business traffic, Rehm&Sulzberger OEG is entitled to limit the guarantee of claims in regards of own existing guarantee rights towards manufacturer, suppliers or authors, unless the lack has its cause in the area of responsibility of Rehm&Sulzberger OEG. If finishing touches, spare delivery or satisfaction of the guarantee claim should fail through Rehm&Sulzberger OEG, the customer can chose to request the purchase price to be lowered or a cancellation of the contract. The finishing touches or spare delivery have failed in particular if Rehm&Sulzberger OEG impossibly can comply, if these finishing touches or spare delivery cannot be carried out within an adequate term, were already carried out in unfruitful attempts and if the customer can't be burdened with another attempt. After three failed attempts of finishing touches or spare delivery, the repair of deficiencies and subsequent improvement is no more reasonable. A further claim by the customer for a substitute of an immediate or indirect damage is excluded, unless the damage is to be led back on an intentional or willful careless breach of contract by Rehm&Sulzberger OEG.

8.1  In case of doubt, also without hint from Rehm&Sulzberger OEG, all goods require official export approval. The customer recognizes Austrian and also foreign export controlled regulations and restrictions and doesn't sell such goods or technical information neither directly nor indirectly to persons, companies or in lands, if this violates the foreign or Austrian regulations or laws. The customer has to catch up, if necessary at own expense, on all necessary export documents.

8.2  Rehm&Sulzberger OEG is entitled to process, store and evaluate the data of the business connection in accordance with the data protection law.

8.3  The legal venue is Vienna, as far as it concerns a customer who is an independent merchant who has been entered in an official commercial registry, a juridical person of public right, or a public legal special fund or when the customer has no general legal venue in this country.

8.4  For legal relations between Rehm&Sulzberger OEG and the customer, Austrian law counts exclusively. Should a contract regulation be ineffective as a whole or in part, the remaining regulations remain effective; in this case, instead of the void regulations, it counts what comes most closely to recognized purposes of this contract.