General Terms and Conditions

The following GTC are the basis for all legal transactions with ADAMA GmbH, Eberstädter Marktstraße 18, 64297 Darmstadt (hereinafter referred to as ADAMA), unless otherwise agreed in writing.

1. Object of the company

ADAMA is a producer of software for mapping business and production processes. It also trades in the necessary components (hardware and software).

2 Offers and prices

ADAMA's offers are subject to change unless we expressly designate them as firm. All orders must be confirmed in writing in order to be legally binding. All prices are calculated on the assumption of stable price ratios. If prices increase between the conclusion of the sale and the actual delivery date, the resulting increased prices at the time of delivery shall apply. The respectively valid price lists shall be authoritative for all price quotations. ADAMA employees are authorized to set individual prices. However, these shall only become legally binding upon written confirmation by the management. A data sheet sent by ADAMA with the required access data replaces the order confirmation and is deemed to be an accepted legal transaction. All prices are quoted exclusive of statutory value added tax, unless they are expressly stated as gross prices.

3. Delivery periods / delivery

Delivery periods shall be confirmed by ADAMA to the best of its knowledge. The prerequisite for adherence to them is that all information and documents required for the execution of the order are available in good time. If this is not the case, a delivery period shall be deemed to be extended by a corresponding period without further ado. The same applies to all delivery disruptions for which ADAMA is not responsible for the period of the disruption. Compensation for damages is only permissible in the case of willful conduct by ADAMA. Deliveries are made at the expense and risk of the purchaser, uninsured and carriage paid. The risk shall pass to the purchaser when the goods are dispatched. If acceptance does not take place on time due to the fault of the purchaser, ADAMA reserves the right to withdraw from the contract or to demand compensation after granting a grace period of ten days. In the event of delivery problems caused by unforeseen difficulties, operational disruptions, war, strike, transportation difficulties or official measures, as well as any kind of force majeure, the delivery period shall be extended accordingly without entitlement to compensation and shall entitle ADAMA to cancel delivery obligations in whole or in part if the circumstances so require.

4. Order

A legal transaction with ADAMA shall only be concluded if a written confirmation is issued (see also “Offers/Prices”). Acceptance of the order can be refused without giving reasons. In particular in the event of justified doubt regarding the creditworthiness of the client, advance financial payment of up to 50% of the order volume may be demanded as part of the legal transaction. The client is responsible for defining the order. With regard to speedy order processing, the order confirmation by ADAMA replaces the formal order.

5. Retention of title

All goods delivered and services rendered shall remain the property of ADAMA until full payment has been made. In principle, the extended retention of title shall be deemed to have been agreed. This also applies in particular to media templates created. The unauthorized use of media templates of any kind will be prosecuted without exception.

6. Publications via networks (e.g. Internet)

In principle, press and media law applies. If this legal interpretation is amended by individual federal states, the respective new legal basis shall apply. The client is solely responsible for the content and, if applicable, the feasibility of offers, etc. Media templates are always created in accordance with the client's specifications. Publications are made after approval of the created correction templates on a selectable data carrier or color print.

7. Network operation

The choice of the respective communication channel and means remains reserved. The availability and maintenance of the network is part of the corresponding contracts. For maintenance purposes, however, ADAMA is entitled to disconnect individual components from the network or to deactivate it in whole or in part. The network connection is currently established either via dedicated Telekom lines or dial-up connections via the Telekom telephone network. ADAMA is entitled to change the communication channel depending on the market situation, provided that this does not permanently restrict availability.

8. Payment method / payment terms

Invoices for deliveries of goods and services rendered are due for payment immediately. The establishment of debtor accounts requires agreement and is generally not possible for initial transactions. If no debtor agreements have been made, payment shall be made in cash or by bank transfer. Invoices from contractual relationships (accounts, use of FTP, etc.) are due for payment before the current usage period. Payment shall be made in cash or by bank debit. Invoice amounts due will be debited approximately four working days after the invoice has been issued. If the direct debit cannot be executed, e.g. because the bank account does not have the required funds, the amount due will not be collected again by direct debit. The costs arising from the chargeback shall be borne by the contractor.

9. Default in payment/dunning

Default of payment entitles ADAMA to immediately discontinue the service. If the contractual partner is in arrears with more than one invoice amount, ADAMA reserves the right to terminate the contractual relationship. In this case, at most the outstanding total amount of the contractual relationship plus procedural and processing costs shall be paid as compensation. procedural and processing costs as compensation. Reminders based on due individual invoices from contractual relationships are only issued once. The dunning procedure initiated is always based on the total claim of the contractual relationship.

10. Liability

ADAMA is only liable for the fulfillment of the main performance obligation from concluded legal transactions. No liability is assumed for the advance performance of third parties in the network. Furthermore, access to databases of any origin is at the user's own risk.

11. Privacy policy

We take the protection of the data of users who visit our website very seriously. We only collect data that is absolutely necessary and earmarked for a specific purpose and handle it sensitively. Which data we collect and for what purpose can be found in the clauses of this privacy policy. In doing so, we comply with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), among others.

12. Final provisions

Unless otherwise agreed, the place of performance and jurisdiction, including for actions on checks, is Darmstadt. However, ADAMA reserves the right to bring an action at the registered office/domicile of the disputed party. German law shall apply exclusively to all legal transactions. If individual components of these General Terms and Conditions become legally ineffective, they shall be interpreted in accordance with the applicable law.