Am Buckhornwald 13d
22359 Hamburg | Germany
1. GENERAL ‐ SCOPE
The following sales conditions of jpFonts GmbH (hereafter: jpFonts) apply exclusively. We do not recognize conditions from customers, which are contraryto or deviating from our conditions, unless stated explicitly and in writing. Our sales conditions also apply if we, aware of the customer's conditions, which are contrary to or deviating from our conditions, complete delivery unreservedly.
2. OFFER – COMPLETION OF CONTRACT
All offers by jpFonts are provisional, unless explicitly stated as binding in the offer. A contract becomes valid only through written order confirmation by jpFonts or by completing the order. In case of written order confirmation, the content is definitive;verbal agreements have to be confirmed in writing by jpFonts.
3. LICENSE AGREEMENTS
With transfer of the software jpFonts concedes the non‐exclusive right of use to the customer only for own purposes. The licence covers up to five users and workstations, whilst it is insignificant whether the PC workstations are connected to a networkor not. Licensing for more than five PC workstations requires an explicit agreement. The user license includes the right to produce a back‐up copy of the software. It is forbidden for the customer to decompile, reverse engineer, disassemble or change the software into any other for the human recognizable form. A transfer of the softwareto a third party is allowed if the customer hands over the software completely and without retaining any copies and if the third party accepts the terms and conditions of jpFonts in writing.
jpFonts does not accept responsibility for delayed delivery if the delay is not caused by the company, even if delivery dates are named or guaranteed in the order confirmation. This is especially applicable in case of force majored during strikes, lock‐outsor delivery delays of suppliers. Part delivery and part billing for functioning units are admissible.
The right of return is impossible for goods, which we created for you or modified, for goods purchased by downloaded from our website or delivered by e‐mail.
All Prices are in EURO excluding VAT.
6. PAYMENT AND RESERVATION OF PROPRIETARY RIGHTS
The amount of the invoice is to be paid immediately upon delivery of goods and without any deductions. This is also applicable if delivery is electronic. All delivered goodsand transferred user rights as stated under point 3 remain the property of jpFonts , until all claims against the customer ‐ also from other contracts‐ are fulfilled. Should the customer delay payment, jpFonts can demand interest on arrears of 3 % above the particular discount rate of the Deutsche Bundesbank, unless higher damage can be proven.
7.WARRANTY, WITHDRAWAL RIGHTS, COMPENSATION AND RETENTION RIGHTS
Component and performance information in leaflets are not guaranteed properties, un‐ less stated explicitly otherwise in the written order confirmation. § 434 BGB is waived. If a defect of the good, deemed to be responsibility of jpFonts, exists, jpFonts has the right to, according to choice, repair the defect or make a substitute delivery. Should jpFonts fail to repair the defect within a reasonable given deadline, the customer has the right to retire from the contract. Claims for compensation, e.g. for production cancellation, lost profit, additional consummation of material and suchlike, are impossible. This does not apply if the damage is caused by deliberateor negligent behavior by jpFonts. The customer can practice retention rights only toan extent which befits the non‐completed part of the service by jpFonts.
8. GOVERNING LAW
Place of performance is Hamburg. The laws of the Federal Republic of Germany apply.