Calculation

Terms of Use for the Service Software Programmes

(“Autocalculator”, “Shade Calculator”, “Load Determination”, “Calculation of Superimposed Loads”)

for Schletter Solar Mounting Systems of Schletter GmbH

 

1. Scope

The service software programmes „Autocalculator”, “Shade Calculator, “Load Determination” and “Calculation of Superimposed Loads” shall be used exclusively on the basis of these Terms of Use. Deviations from these Terms of Use shall be valid only if expressly accepted in writing by Schletter.

 

2. Authorised Users

The service software programmes shall only be available to businessmen, legal entities under public law and separate estate under public law as defined in § 310 paragraph 1 BGB [German Civil Code]. Therefore, these terms shall exclusively apply to these persons.

 

3. Purpose of Use

3.1    Schletter shall make the service software programmes available to its customers as tools for facilitating the preparation of the plant design, calculations as well as the solicitation of offers concerning Schletter Solar Mounting Systems.

3.2    However, the calculation on the basis of the service software programmes shall not replace a binding detailed calculation of material, loads and shading. The respective calculation results shall merely be used as first estimate of the probably required material and the expected costs on the part of the customer.

3.3    A calculation result shall not be considered as an offer for the conclusion of a contract on the calculated scope of services on the basis of the costs calculated by the customer. A subsequent binding submission of an offer and/or conclusion of an individual contract shall require a detailed calculation carried out by Schletter. Only formal offers as well as the price list of Schletter in its respectively valid version shall be binding.

3.4    The service software programmes shall not be considered as statics software programmes or static testing programmes. Calculation results shall not replace any static testing or load determinations. The static testing and all combinations of components shall be performed by the customer on its own responsibility. Information about the design and dimensioning of the plants shall merely include non-binding practical experiences. This information shall be based on the respectively valid country-specific norms and/or the information provided by regional authorities and building inspection offices in particular. The customer shall be responsible for testing the dimensioning, unless otherwise expressly agreed.

 

4. Authorisation and Use of the Service Programmes

4.1    The use of the service software programmes shall be subject to an authorisation granted by Schletter. The customer shall apply for authorisation by registering on the Schletter homepage by providing the data requested in the customer area. By registering in the customer area, the customer shall accept the current Terms of Use. The application for authorisation shall be considered accepted by Schletter by authorising the customer to access the customer area. The password chosen by the user shall be encrypted and shall neither be freely accessible to Schletter nor to third parties. There shall be no legal entitlement to an authorization by Schletter or the use of the Autocalculator. A one-time free authorisation for use will be granted by Schletter starting from the creation date of the user account for a duration of 30 days and can be revoked at any time. Schletter reserves the right to cancel the free utilization of the service programmes by the customer after these 30 days if there is no customer-related order, turnover or affiliation with a wholesaler cooperating with Schletter. Apart from that, the price specified on the Schletter homepage of currently EUR 42,- plus legal VAT for three months shall apply to the chargeable use of the service software programmes.

4.2    If the provided data change after authorisation, the customer shall be obliged to inform Schletter about these changes without undue delay.

4.3    All logins shall be individualised and may only be used by the respective authorised person. The customer shall be obliged to keep login and password secret and protect these against the unauthorised access of third parties. Moreover, the customer shall be responsible for keeping the employee logins secret and shall impose the same obligation on their employees. If abuse by a third party is suspected, the customers shall inform Schletter about this suspicion without undue delay.

 

5. Rights of Use

Unless otherwise expressly agreed, the customer shall be entitled to copy and print the calculation results for the project inquired as well as to make them available to their own customers with respect to this project. However, this authorisation for use shall be subject to the condition that the calculation results and their copies must be provided with a copyright reference to Schletter. Neither the calculation, any copies of the calculation nor a part thereof may be changed without the written approval of Schletter. Schletter shall reserve the right to revoke this approval at any time.

 

6. Warranty

Schletter shall not give any warranty for the availability of the service software programmes and neither for the correctness, completeness or topicality of the information and calculation results made available by Schletter.

 

7. Liability

7.1    Schletter shall only be liable for damages due to the violation of contractual or non-contractual obligations only in cases of intent or gross negligence as well as in the event of violations of fundamental contractual obligations. However, damages due to the violation of fundamental contractual obligations shall be limited to foreseeable damages typical for the contract only as far as no intent or gross negligence exists.

7.2    The aforementioned limitations of liability shall not apply to claims for damages arising from injuries of life, body or health. Compulsory statutory liability regulations, such as the liability according to the product liability law or the liability due to the assumption of a guarantee, shall remain unaffected.

7.3    To the extent to which the liability of Schletter is excluded or limited, this shall also apply to the personal liability of staff, workers, employees, representatives and vicarious agents of Schletter.

 

8. Contract Period, Blocking, Termination

8.1    The contract on the authorisation and use of the service software programmes shall be concluded for an indefinite period. Schletter shall be entitled to terminate this contract with immediate effect at any time without giving reasons. The withdrawal of the customer registration for the homepage shall be identical to the termination of the contract.

8.2    If the user violates these Terms of Use, Schletter shall be entitled to temporarily or permanently block the use of the service software programmes and/or the customer access on the part of the customer.

8.3    The Contracting Parties shall have the right to terminate the user contract at any time with immediate effect. Schletter’s right to block the use shall remain unaffected by this.

 

9. Place of Jurisdiction, Applicable Law

9.1    Subject to deviating agreements based on individual contracts, the place of jurisdiction for present and future claims arising from business relationships with businessmen, legal entities under public law as well as with separate estate under public law shall be the registered office of Schletter. Schletter shall also be entitled to sue customers at their respective general place of jurisdiction.

9.2    Subject to deviating agreements based on individual contracts, the law of the Federal Republic of Germany shall apply to these Terms of Use agreed upon between Schletter and the customer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Version: May 2011

 

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