General Terms and Conditions
General Provisions
Specific contractual terms are agreed upon on a project-by-project basis. All of our deliveries, services, and contracts are based on the following terms and conditions; any conflicting terms and conditions of purchase are invalid, even if we do not expressly object to them. The following terms and conditions are deemed accepted upon placement of an order or acceptance of a delivery. Deviating agreements or additions are only binding if we have confirmed them in writing prior to acceptance of a service provided by us, whether directly or indirectly. Such agreements apply in any case only to the orders for which they were made. Our terms and conditions apply again to subsequent orders. To the extent that our terms of delivery do not contain any provisions, the statutory provisions apply. Should any part of our General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
Online Demo
The online demo is a simple, limited preliminary demonstration. It does not constitute a guaranteed production-level performance. A project-specific demo may be requested for a complete evaluation.
Licensing
Productive use, OEM integration, edge operation, and server operation are subject to a separate commercial license agreement.
Support and Integration
Technical support, integration services, and customer-specific configurations are provided on a project-by-project basis.
Warrantys
Our warranty for systems and programs manufactured and tested by us is valid for 6 months, effective from the date of purchase. This does not apply to consumables or damage caused by improper operation or tampering with the equipment. Before putting the systems into operation, the customer must ensure they are fully informed about the correct operating and connection procedures. In cases where information is insufficient, the customer is obligated to take measures to prevent damage. We will not cover the costs of troubleshooting performed by our customers, even if we caused the error. Troubleshooting suggestions provided by us over the phone do not constitute an invitation to tamper with devices or systems. Any form of warranty is excluded for special offers and promotions, as well as for systems or programs that have been delivered by us to the customer. The buyer is solely responsible for the correct use of the systems and programs purchased; any damage resulting from the use of our products is the sole responsibility of the customer using them. Schmitz GmbH assumes no liability for the suitability of the goods for the purpose intended by the buyer. In particular, with regard to license plate recognition, Schmitz GmbH cannot rule out the possibility that environmental factors such as dirt, sunlight, snowfall, etc., may prevent the offered routines from fulfilling their intended purpose.
Offer
Our offers are generally subject to change and valid for 14 days, unless otherwise agreed in writing.
Order
Orders placed with Schmitz GmbH become legally binding only upon acceptance of the goods delivered under these Terms and Conditions. The same applies to order changes and additions.
Patent and Copyright Rights
We reserve all ownership and copyright rights to our software products and the accompanying documentation. They may not be made available to third parties without our written consent. Copying is also prohibited without our express consent. Upon our request, they must be returned to us immediately. We cannot be held liable for any infringement of patents or other intellectual property rights.
Delivery and Transfer of Risk
Delivery and shipping are at the buyer’s expense and risk. Risk passes to the buyer as soon as the goods leave the premises of Schmitz GmbH. We are entitled, in cases of force majeure and in the event of delayed delivery by our suppliers, to withdraw from the contract in whole or in part or, at our discretion, to postpone delivery for the duration of the hindrance: claims for damages on both sides are excluded in this case. Any contractual penalties are excluded.
Prices
All prices are ex our Regensburg office and do not include applicable sales tax. The buyer is responsible for packaging and shipping costs. We reserve the right to change prices from those listed in the price list.
Terms of Payment
Our invoices are due immediately without any deductions. Any deviations from these terms require prior agreement. In the case of bank transfers and other forms of payment, the debt is discharged only upon unconditional crediting to our account. Even if the buyer’s terms state otherwise, we may, at our discretion, apply payments to existing claims. The buyer is not entitled to withhold the purchase price due to warranty claims, to set off such payments against unacknowledged or legally established counterclaims, or to assert a right of retention.
Retention of Title
The delivered goods remain the property of Schmitz GmbH until all outstanding claims against the buyer have been paid in full.
Cancellation
The customer has no right to cancel the contract. If we cancel the contract for any reason, no claims for damages may be asserted against us.
Notification of Defects
The buyer agrees to inspect the goods delivered by us; any damage incurred during transport, defects, or complaints must be reported within 10 days. If such notification is not provided in a timely manner, the buyer’s warranty claim shall lapse, unless the defect was not detectable during the inspection within the specified period. Complaints regarding defects do not entitle the buyer to withhold payment of the invoice amount. In the event of a justified and timely complaint, we will, at our discretion, provide a remedy.
Limitation of Liability
Schmitz GmbH shall be liable for damages arising from a breach of contractual or non-contractual obligations—including negligence in the conclusion of the contract, breach of a positive contractual obligation, and tort—only in cases of willful misconduct or gross negligence. If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, Schmitz GmbH’s liability—unless caused by intent—for indirect damages, consequential damages arising from defects, and lost profits; any liability is limited to damages typical for the contract that were foreseeable at the time of conclusion of the contract based on the circumstances known at that time; and all claims for damages shall become time-barred upon the expiration of 9 months from delivery or performance of the service or from the act or omission causing the damage.
Export Controls
Even in the absence of any notice from Schmitz GmbH, all goods are subject to export licensing requirements in cases of doubt. The purchaser acknowledges German and foreign export control regulations and restrictions and undertakes not to sell, export, deliver, or otherwise transfer such products or technical information, either directly or indirectly, to persons, companies, or to countries, provided that this violates German or foreign regulations, and to obtain all export licenses or other documents prior to the export of products or technical information received from Schmitz GmbH. The purchaser further undertakes to impose the same obligations on all recipients of such products or technical information obtained from Schmitz GmbH and to inform them of the necessity to comply with these laws and regulations.
Final Provision
The purchaser may transfer rights against us to third parties only upon prior written agreement. The place of performance is the delivery address specified on the invoice. The place of jurisdiction for both contracting parties is Regensburg.