Terms of Saigon IT Partner Co. Ltd.

1 General

The terms and conditions of Saigon IT Partner Co. Ltd – hereinafter referred to as “SITP” – apply to all between the SITP and the Client concluded contracts and any other agreements that are made in the context of the business relationship, unless alternative arrangements are agreed.
Changes to the General Terms and Conditions must be in writing.

2 Offers and conclusion of contract

All offers are subject to confirmation of the SITP.
Contracts are by written order acceptance by SITP.
If the quantity of the services of Saigon IT Partner Services
determined by the order confirmation by Saigon IT Partner.

3 Terms of payment

All invoices are payable SITP within 10 days of the invoice date.
All prices are without packaging, transportation and handling. Complaints of bills are only permitted within 4 weeks, after which they are considered as accepted.

4 Delivery

The delivery dates stated by Saigon IT Partner, are only
binding if expressly in the order confirmation as such
were designated.
Compliance with the delivery deadlines assumes the timely delivery of the required documents and compliance with the Treaty the relevant measures. For non-performance or partial performance lengthen delivery times in a reasonable extent.
If the customer requires changes after placing the order or if circumstances arise which make the SITP an observance of the delivery impossible, although the SITP is not responsible for these circumstances, then shifts the delivery date by an appropriate period.
In particular, the occurrence of force majeure and all else of SITP not responsible actions that are in the delivery or performance of considerable influence, in particular strikes or lockouts or any other according to general principles of law due by the SITP due to circumstances, as is the SITP be entitled to postpone the performance for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract because of the unfulfilled part completely or partially.
If the disability is expected in the foreseeable future is not clear, the SITP can adjust the delivery or completely or partially withdraw from the contract without the customer is entitled to claims for subsequent delivery or damages.

5 Liability & Warranty

The SITP is only liable for willful or gross negligence. Liability for slight negligence is excluded.

In all cases, the Saigon IT Partner is liable, the liability of the SITP is limited to the amount of damages that the Saigon IT Partner
Could foresee conclusion of the underlying contract.
No liability is assumed as soon as the customer starts to work on the plans, documents or supplied by the SITP files or have them modified by third parties or software.
The customer is obliged to examine the delivered files immediately, in writing obvious defects immediately, at the latest within 10 days after delivery. Belated notification of defects rule out any warranty claim. Non-obvious defects shall be notified in writing immediately after becoming aware.
When defectiveness of performance SITP and timely notification of the defect, the SITP is repaired alternatively be entitled corrupted files or re-create. Claims for damages for non-performance are excluded.
The Saigon IT Partner will not accept liability for substantive examination of the files and / or printouts delivered before further use in his designs, plans and projects falling. All these described cases fall exclusively within the responsibility of the customer

6 Retention of title

The files supplied by the SITP may be used until full payment of all claims of the SITP from the business relationship only for testing purposes by the customer.
The transfer of ownership of the files is carried out only after compliance with all from the contractual relationship resultant demands.
The customer is not authorized to dispose of the subject to retention of files after the due date, provided that the payment has not been made in full. In the event that the customer nevertheless sold the files and SITP should approve this, the customer SITP all claims against its customers occurs as early as the contract is concluded. The customer is obligated, SITP publish all the information required to assert these rights and to provide the required assistance.

7 Choice of Law and Jurisdiction

The law of the Federal Republic of Germany.
The place of jurisdiction is Munich, Germany.

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