In the following document
Vitec GmbH
Muldestraße 2
70806 Kornwestheim
referred to as "Vitec"
1.1
Vitec shall create the software according to the state of technology and in accordance with the requirements set out in the offer or in the requirements document.
1.2
Vitec shall appoint a project manager, the Customer a responsible contact person. These can make decisions or bring about decisions without delay. The project manager shall record decisions in writing. The contact person shall be available to Vitec for necessary information. Vitec shall be obliged to involve the contact person if the execution of the order requires this.
1.3
If required, Vitec shall draw up a written time schedule at the beginning of the work, considering the agreed deadlines, and update it accordingly. Based on this plan, Vitec shall regularly inform the Customer about the status of the work.
1.4
Insofar as the Customer's requirements do not yet result from the task as set out in the contract, Vitec shall detail them with the Customer's support, draw up a process sequence for them and submit them to the Customer for approval. The Customer shall approve them in writing within 14 days if they comply with the contract. The specification is a binding guideline for further work.
1.5
The process flow is binding and changes can lead to a supplementary offer (see section 2).
1.6
If Vitec recognizes that the Customer's task is faulty, ambiguous or not executable, Vitec will immediately inform the Customer in writing. Thereupon the Customer decides immediately on the further procedure.
1.7
The Customer shall ensure that personnel is available for testing during the development of the software.
2.1
If the Customer wants to change his requirements, Vitec is obliged to agree to this as far as it is reasonable for Vitec, especially regarding the effort. Insofar as the realization of a change request affects the contractual conditions, Vitec can demand an appropriate adjustment of the contractual conditions, in particular the increase of the remuneration or the rescheduling of the deadlines. At the request of Vitec, the Customer shall detail his request for change so that the task is clear and implementable. Vitec will take over this task at the request of the Customer against payment according to expenditure.
2.2
Agreements on changes must be set out in writing.
2.3
Vitec shall immediately assert the request for amendment of the contract. The Customer shall object immediately if he does not agree with the requested contract adjustments.
3.1
The development is carried out exclusively by Vitec.
4.1
After completion of the software, the Customer must accept it by means of a final functional test.
4.2
Minor defects that do not affect the function and usability of the software do not prevent acceptance if Vitec promises immediate remedy of the defect.
4.3
Vitec shall set a deadline for acceptance. If a deadline set expires without result, acceptance shall be deemed to have been granted.
4.4
The Customer may not refuse acceptance due to minor defects.
4.5
If substantial defects are present, Vitec commits itself to eliminate the defect immediately. The acceptance is to be repeated after notification of the defect removal.
5.1
Vitec grants the Customer an exclusive, perpetual, transferable and irrevocable right of ownership of the software. The right of ownership applies to all known types of use, including processing, reproduction and publication.
6.1
Vitec assumes a warranty of 1 month after acceptance for the functionally error-free running of the software in accordance with the requirements listed in the specifications and for the fact that it corresponds to the recognized state of technology at acceptance and does not have any defects.
6.2
The Customer shall only be entitled to warranty claims if reported defects are reproducible or can be identified by machine-generated outputs. The Customer must report defects in writing in a comprehensible form.
6.3
The Customer has to support Vitec as far as necessary in the elimination of defects.
6.4
If Vitec does not meet its obligation to remedy defects within a reasonable period of time set by the Customer, the Customer may take the necessary measures to remedy the defects himself or have them taken by third parties at the expense and risk of Vitec.
6.5
Only after a failure of the supplementary performance by Vitec a right of withdrawal or reduction is granted.
6.6
The warranty period of 1 month begins with the successfully completed acceptance.
6.7
The warranty expires for software which the Customer modifies independently or by third parties or in which he intervenes in any other way.