EGB

A) General

Our General Terms and Conditions for Deliveries and Services apply. If it is agreed between the parties that we provide hardware and/or software maintenance services, the following supplementary contractual conditions shall also apply.

B) Subject Matter of the Contract

The subject matter of the contract is the hardware and/or standard software specified in the support contract.

C) Our Service, General

We can make maintenance services dependent on initial and regular further maintenance checks. Unless otherwise contractually agreed, we shall determine the dates for the maintenance checks at yearly intervals at our due discretion.

The agreed time quota shall be allocated at our due discretion, unless specific time shares or fixed dates have been agreed.

If the restoration of data in the event of data loss, e.g., due to system failure, is part of our services, the restoration is limited to the data properly backed up by the Customer.

We may use third parties, e.g., manufacturers of hardware or software, for the provision of our services.

D) Software Maintenance

The following provisions apply to the maintenance of standard software from third-party manufacturers, unless otherwise agreed in the support contract.

Software maintenance refers only to the current version of the software and presupposes that the updates supplied to him within the scope of maintenance have been installed. If this is not the case, we will carry out the necessary updates by separate agreement.

If the Customer's rights of use for software are contractually extended, for example by increasing the number of licenses, the maintenance also extends to the corresponding uses.

Unless otherwise agreed, we are not obliged, but entitled, to provide maintenance services

after interventions by the Customer in the source or object code of the software, unless the Customer demonstrates and proves in case of dispute that these interventions do not affect the maintenance service;

delivery of new software modules;

delivery of software offered by the manufacturer separately outside of its update service agreed with us or generally available;

installation of updates;

on-site support;

maintenance services for outdated versions of the software;

maintenance services required after using the software on a different hardware system, at a different location, or under a different operating system than those existing at the initial installation or specified in the manufacturer's information on hardware requirements, operating environment, and operating prerequisites, or in the support contract;

maintenance services after an intervention by the Customer in the program code of the software;

maintenance services regarding the interaction of the contractual software with other computer programs or other hardware that are not the subject of the maintenance contract; this also applies insofar as the interaction is influenced or impaired by our maintenance services.

If special response times are agreed, the agreed service must begin within the agreed period, provided that the Customer has created the necessary conditions for this.

E) Hardware Maintenance

Unless otherwise stipulated in the support contract, the following provisions apply.

The restoration of the functionality of contractual hardware, especially in case of defects, can be effected by us by commissioning the manufacturers or our suppliers.

The restoration of the functionality of contractual hardware shall be carried out at our due discretion by complete replacement or repair (if necessary, using spare parts). Replacement devices or spare parts are always new goods, unless the delivery of used parts is agreed. Our General Terms and Conditions for Deliveries and Services apply to the delivery of replacement devices or spare parts. Replaced devices or parts become our property, unless the Customer declares before removal that he wishes to keep them. The Customer's claims for defects remain unaffected.

We are entitled to make the delivery of hardware, especially in the case of complete replacement, or spare parts dependent on a written order, provided that the Customer is not entitled to subsequent performance due to material defects.

If a restoration time is agreed, the Customer is entitled to replacement devices if this time is exceeded.

The replacement devices selected at our due discretion shall ensure the essential function of the contractual hardware.

Specific devices or devices from specific manufacturers or with specific specifications are not owed.

The restoration time does not apply and a claim for a replacement device is excluded if the repair has become necessary or has been delayed due to external influences (heat, fire, water, moisture, mechanical effects), gross operating errors by the Customer, or violation of the Customer's cooperation duties or obligations. If our service is delayed due to circumstances for which the Customer is responsible, the restoration time shall be extended accordingly. The claim for a replacement device is also excluded if the lifespan of the hardware has been significantly exceeded.

If we maintain a replacement device pool for the Customer, the following special provisions apply, unless otherwise agreed:

Pool devices are used devices (with the exception of new devices mentioned in sub-item 5) and are our sole property.

Our obligation to supply a replacement device is limited to the pool devices.

The replacement device enters into the property law position of the replaced device (Customer's property or continuation of a retention of title). The replaced device becomes our property. The Customer is obliged to inform us immediately if reasons prevent the unencumbered acquisition of ownership of the replaced device, especially in the case of a security transfer of ownership or seizure by third parties.

Notwithstanding Letter N No. 2 of our General Terms and Conditions for Deliveries and Services, the Customer is entitled to claims for material defects of the replacement device to the same extent as he was entitled to them for the replaced device.

Replaced devices will be repaired by us within the scope of subsequent performance or replaced by new devices. If the Customer is not entitled to any claims for defects for the replaced device or if these have become statute-barred, we will prepare an offer with a cost estimate for the repair and/or a new device to be included in the pool instead of the replaced device. We may, instead of including new devices in the pool, deliver them to the Customer and exchange them for a corresponding device of the Customer.

If the pool is exhausted, we will inform the Customer. The parties may agree to expand the pool or procure a replacement device.

After termination of the pool agreement, devices that have entered the pool as new devices according to sub-item 5 above are to be handed over to the Customer after full payment and transferred to his ownership. All other pool devices remain our property and possession without compensation for value and are to be disposed of at our expense if necessary, unless the Customer declares within 2 weeks of a corresponding written request that he wishes to take them over at their current market value, whereby expenses of the Customer for repair according to sub-item 5 above are to be deducted appropriately.

Not covered by hardware maintenance are:

Maintenance services regarding the interaction of the contractual hardware with other computer programs or other hardware that are not the subject of the maintenance contract; this also applies insofar as the interaction is influenced or impaired by our maintenance services;

Maintenance services that become necessary due to the use of the hardware in a different operating environment or with different software than those contained in the support contract or in the manufacturer's information on hardware requirements, operating environment, and operating prerequisites;

Procurement or installation of software, unless this has been agreed.

F) Fault Reception

If we undertake to maintain a fault reception service (hotline), the following provisions apply, unless otherwise agreed in the support contract.

The fault reception (hotline) is intended only for trained employees of the Customer who are skilled in the contractual software or hardware, for problem cases that cannot be solved by the Customer with his own means. It can be provided by us through third parties, in particular also manufacturers or suppliers.

The hotline is staffed on weekdays (for non-nationwide public holidays, our registered office is decisive) from 8 a.m. to 5 p.m. Extended hours can be agreed in the support contract. Constant availability is not owed; in particular, waiting times must be expected when the line is busy.

Service requests can also be made in writing or by email by special agreement, provided they are not urgent requests.

G) Cooperation Duties and Obligations of the Customer

The Customer shall ensure that the legal and technical prerequisites for the operation of the hardware or the use of the software and for the maintenance services to be provided by us exist, unless we have contractually undertaken to create or maintain these prerequisites. The same applies to compliance with data protection regulations.

The Customer shall ensure that the contractual hardware is used only under the operating conditions approved in the support contract or in the manufacturer's specifications, in particular with suitable accessories and consumables.

The Customer shall ensure that the contractual software is always up to date and that all updates are installed, unless we have contractually undertaken to do so.

The Customer shall provide the required storage space for software tools used.

If necessary, other work with the network or the affected hardware or software must be stopped during maintenance services.

The Customer shall ensure that trained employees familiar with the software are available on-site to support our service staff and to carry out maintenance and troubleshooting measures themselves according to their instructions. The responsible employees of the Customer must be authorized to represent the Customer in placing orders with us that are not covered by the maintenance service.

For all inquiries from the Customer, the problem must be described in as much detail and as reproducibly as possible. If necessary, aids provided by us, such as checklists, are to be used.

For on-site services, all hardware and software products affected by the service must be made accessible to our employee in such a way that he can begin his work immediately; in particular, cabling and attachments must be removed and concealed connections exposed.

The Customer shall ensure regular, at least daily, backup of all data stocks, unless otherwise agreed.

Insofar as we provide maintenance services, e.g., diagnosis or troubleshooting, wholly or partly by remote access, the Customer shall create the necessary and reasonable facilities for him, in particular lines that enable us to access the Customer's network, and provide suitable personnel.

All items owned by us that are provided to the Customer, in particular replacement devices and service-related rental aids such as diagnostic software, data carriers, test devices, maintenance plans, manuals, and software documentation, must be carefully stored by the Customer and handed over to us upon request. Aids must be stored in such a way that we have access to them at any time in a service case. The Customer shall keep all items owned by us separate from his property and mark them in such a way that our ownership is readily apparent to any third party. These items must be stored inaccessible to third parties. We are entitled to check compliance with these provisions at the Customer's premises.

If we contractually use third parties, in particular suppliers or manufacturers, for the provision of services, the cooperation duties and obligations of the Customer shall be governed by the contractual or general terms and conditions of these third parties. This does not apply if this is unreasonable for the Customer or if the third party's conditions contradict individual agreements between us and the Customer. The contractual or general terms and conditions of the third parties take precedence over the above provisions with regard to cooperation duties and obligations.

H) Rights of Use

Letter E) of our General Terms and Conditions for Deliveries and Services also applies to deliveries and services within the scope of maintenance, in particular for updates.

Unless otherwise apparent from the terms of use applicable according to item 1 above, the Customer's right of use for a version of the software expires upon delivery of the update. The data carriers with outdated versions are to be returned to us, and all outdated versions stored in the Customer's system are to be deleted.

I) Remuneration

The fees for maintenance services are based on the support contract and are to be paid in advance for the agreed period.

There will be no reimbursement for unused services, unless the Customer is entitled to a corresponding claim according to these conditions or by law.

For maintenance checks, unless otherwise agreed, our list prices, or alternatively our usual prices, are decisive.

Services that are not owed as maintenance services but to which we are entitled or which are commissioned by the Customer are to be remunerated additionally according to the agreed rates, or alternatively our usual rates.

If our services to be provided under the support contract are extended during the term of this contract, e.g., the Customer's rights of use for software are extended, or further hardware or software is included in the maintenance, the remuneration will be adjusted. Unless otherwise agreed, our prices valid at the time of extension apply to the extensions.

The remuneration only includes working time and data carriers for the delivery of updates. Spare parts, material (e.g., cables, plugs, storage media, consumables such as paper, toner, and print heads), accessories, and other deliveries are subject to separate remuneration at our list prices, or alternatively our usual prices, unless otherwise agreed. If it is agreed that spare parts will be delivered without charge, an upper limit must be set. If the upper limit, calculated according to our usual prices, is exceeded, the preceding sentence 1 applies.

Expenses, in particular travel and accommodation costs for our employees or third-party service providers, expenses for necessary chargeable services from manufacturers or suppliers, such as in particular chargeable inquiries, patches, other software, as well as their delivery, installation, and training by us, are to be reimbursed upon proof, otherwise according to our usual rates. If it is agreed that travel costs will not be charged, an upper limit must be set. If the upper limit, calculated according to our usual rates, is exceeded, the preceding sentence 1 applies.

Otherwise, Letter F) of our General Terms and Conditions for Deliveries and Services applies.

J) Term

The term is based on the support contract. The contract is extended by one year in each case if it is not terminated with a notice period of three months to the end of the month of any year, unless otherwise agreed.

The right to terminate without notice for good cause remains unaffected. Good cause for us is considered in particular

• default of the Customer with a payment in whole or in part for more than 30 days,
• the Customer has violated the regulations on the right of use,
• the Customer files for insolvency proceedings himself,
• the opening of insolvency proceedings or their rejection due to lack of assets
• the manufacturer of the hardware or software discontinues maintenance or
• spare parts availability for the contractual hardware or software
• and the continuation of the contract is therefore unreasonable for us.
  The notice of termination must be in writing.