General Business Terms and Conditions of Suchy MIPS GmbH

  • General Area of Applicability

    • The present General Business Terms and Conditions will apply to all products, contracts, supplies and other services from Suchy MIPS. Different regulations from customers, suppliers or contract partners are hereby expressly rejected. All side agreements will require written confirmation from Suchy MIPS. In principle, installation and use in accordance with the state-of-the-art are required for our hardware and software products.

  • Area of Applicability in the Narrow Sense

    • The programs of the Rbarc Series from Suchy MIPS will comprise until further notice the following software products: RBarc+, RBarc/PDF417, RBarc/OMR; Rbarc/Datamatrix and Rbarc/Codablock F. The expression “Program” will comprise the original program as well as copies and parts of the same, including those which are connected with other programs. A program consists of machine-readable instructions, audio-visual contents (illustrations, texts, recordings or pictures) and the associated licence materials.

    • The BENS devices are network devices which serve to print barcodes and unicode symbols on PCL printers and can possibly assume not yet defined tasks. Suchy MIPS GmbH is the owner of all rights to the programs of the RBarc Series as well as to the BENS devices.

  • The Programs of the Rbarc Series: Use and Licences

    • The case of program use will be established when one of the programs has been installed on any particular SAP system of the Licensee.

      The licensing of the program is bound to the number of devices used by the Licensee to generate barcodes.

      Suchy MIPS will grant the Licensee a non-exclusive, limited and revocable licence for the use of the program. The invoice issued to the Licensee for the program will be applicable as documentation of the licence. If multiple licences have been issued to the Licensee, the conditions of use will apply for each of the licences individually.

    • Basic licence

      The basic licence will authorise the Licensee for the use of the program on either one High Volume Printer (print volume above 100 pages per minute) and 4 Low Volume Printers (print volume up to max. 100 pages per minute) or a maximum of 5 Low Volume Printers which are connected to one (1) productive SAP System, behind which there is one (1) database. The licence includes all non-productive systems (test, consolidation, development systems, etc.) connected with the productive system. To use further devices, extension licences are to be purchased for a fee. For the SAP system, software architecture is used in the intention of SAP AG, behind which one database is situated.

    • Extension licence

      In the particular case, the Licensee will inform Suchy MIPS or the particular sales office at least once (1 time) per year about an increase in the number of output devices, servers and other authorised resources and will pay the licence fee(s) which becomes due for this.

    • Company licence

      A company licence will authorise the Licensee for the use of the program on one SAP system independent of the function and the location of the system as well as the number and nature of the output devices used. The company licence will be applicable for one SAP system of one company, and not for its subsidiary, sister and/or parent company(ies).

    • Group licence

      As a further form of the transfer of its programs for use, Suchy MIPS also offers a group licence. The scope of the transfer for use will be agreed upon specifically in each particular case. In the standard case, it is based on a maximum of 3 SAP systems of a parent company and subsidiary companies independent of the number of mandates and the number of output devices. If a company leaves the group which has acquired a group licence from Suchy MIPS, its right to use the software licensed for the group will become null and void and must be acquired again if the product is to be used further. If not, the use must be terminated.

  • Limitation of the Licence Rights

    • The Licensee will transfer all copyright notes onto every complete or partial copy of the program. It may be used exclusively (this will also apply to part components) for purposes for which it has been intended by Suchy MIPS.
      The Licensee will not be authorised

    • to use, to copy, to process or to transfer the program in ways other than those described herein;

    • to convert the program into another form of expression or to translate it in another way unless such a conversion is legally prescribed;

    • to rent or to lease the program or to grant sublicences to the program;

    • to include the program or one of its parts in its own programs, unless this has been expressly agreed in a written contractual form for the program versions foreseen for this purpose (so-called developer tools).

  • Cancellation of the Licence

    • The licence can be terminated at any time. In this case, all rights to the program will expire. The Licensee will be entitled to preserve a copy of the program in its archives. Suchy MIPS retains the right to serve notice to terminate the licence in case of a violation of these conditions for use. In such a case, all rights to the program will expire and the Licensee will destroy all copies of the program.

  • Transfer of the Licence

    • The Licensee will be authorised to transfer the licence to third parties unless otherwise agreed in writing.

      In the case of the transfer of a licence, the Licensee will hand over copies of these conditions for use, the licence information, any and all licence documentation, the proof of the licence and the original data carrier with the program concerned to the third party. The licence of the previous Licensee will expire with the handover. All copies of the program handed over must be destroyed without delay by the previous Licensee.

      If several programs are licensed together (as a package), they can also be transferred only in their entirety.

  • Delivery, Deadlines, Installation and Instructions

    • The place and time of the delivery of products and the performance of services will be established in mutual agreement. Deadlines will be binding only if they have been confirmed bindingly by Suchy MIPS in writing in each case. Software will be delivered in executable form and with user documentation (e.g. on data carriers). Suchy MIPS will install the products and instruct the customer in their use if this has been agreed upon.

  • Transfer of Risk of Loss, Retention of Ownership and Transfer of Rights

    • The risk of loss will be transferred to the customer with the handover. Suchy MIPS will retain the ownership until the complete payment of the agreed remuneration. With its payment, the agreed rights of use to the products will be transferred to the customer.

  • Prices, Payment

    • There are no minimum order quantities. None of our prices include the statutory value-added-tax, to the amount of 19% at the present time. The current payment conditions will be stated on the invoice in each case. As a rule, 2% discount for payment within 2 weeks will be applicable; 2 weeks net, no discount, for negotiated project prices.
      Customs duties, taxes and other fees are also to be paid, unless the appropriate documentation for a relief can be presented.

  • Delivery Times

    • Goods which are available in inventory (we will not be liable for transport problems) will be shipped within five (5) days. If the goods are not available when ordered, we will make efforts for the fastest possible delivery. If the non-compliance with a delivery or service deadline is attributable to force majeure, labour disputes, unforeseeable hindrances or other circumstances which are not our responsibility, the deadline will be extended appropriately. In the case of non-compliance with a delivery deadline for reasons other than those given above, the purchaser will be entitled to set an appropriate later deadline in writing with the threat of rejection and, after its expiry without results with respect to the agreed delivery or service, to withdraw from the purchase. If the impossibility of delivery is based on the inability of the manufacturer or one of our suppliers to deliver, both we and the customer will be able to withdraw from the transaction, provided that the final delivery date agreed upon is exceeded by more than one month. Claims to compensation for damages because of delay or impossibility and/or non-fulfilment will be excluded, also those which are incurred until the withdrawal from the contract.

  • Testing Conditions for Full Versions From Suchy MIPS Software as well as BENS Devices

    • If the full version of a program or device is made available to an interested party for testing in the context of a project, the following conditions will apply:

      The testing will be granted for one month (test duration) from the delivery date (in accordance with the delivery slip). An offer for the acquisition of the particular product after the expiry of the test phase will be made with the delivery of the test version and/or the test device respectively.

      Suchy MIPS will offer the test purchaser technical support during the testing phase.

      The programs made available for testing are intended exclusively for installation on test systems.

      The test purchaser will be able to return the program and/or the test device respectively after the expiry of the testing phase. In this case, it will send the original data carrier and/or the originally packaged test device respectively back without delay and will confirm in writing that the program has been deinstalled and all copies have been destroyed. No fees will be reimbursed on the return. The shipper's date stamp will be applicable as the return delivery date.

      If the program and/or the test device is not given back immediately after the expiry of the test duration or if the device has been seriously damaged through negligence by the test person in such a way that it can no longer be used, an invoice will be issued automatically in accordance with the previous offer and the costs for the testing will be credited. The costs for testing will be credited only when the program or the test device is acquired immediately after the testing. If the program or the test device is returned after testing and acquired at a later point in time, the costs for the earlier testing will not be credited.

      Special agreements will be made in writing.

  • Limited Warranty

    • Suchy MIPS guarantees that BENS devices are free of material and manufacturing errors – until the guarantee period of one year has expired. To the extent that Suchy MIPS accepts a guarantee in dealing with end customers (12 months as a rule from delivery to the end customer), the Suchy MIPS guarantee period in dealing with end customers will be extended by the time interval between the delivery to the partner and the delivery to the end customer, but six months at the most (e.g. a guarantee period will amount to up to 18 months from delivery to the sales partner with a guarantee period of 12 months). This limited guarantee will be valid only for the functional scope which is stated in the accompanying product documentation. To review the guarantee of the particular product, we ask the purchasers and sales partners respectively to use our Online Service for reviewing the guarantee status.

      Suchy MIPS will assume no liability for a product return if it becomes apparent that the damages stated do not exist or have been caused by misuse, improper installation, changes to the device (including the removal or mutilation of labels as well as the opening or removal of the housing or parts of the housing, unless Suchy MIPS has expressly approved this), through accidents or improper handling while the device was not in the possession of Suchy MIPS. The Suchy MIPS guarantee will become null and void for products which we received modified, damaged or packaged in a manner not complying with the specification. All products will be inspected by us after their receipt.

      The programs in the Rbarc series have been conceived exclusively for use with SAP systems. These systems are very complex and involved to configure. Suchy MIPS has placed the greatest value on testing these programs thoroughly. Nevertheless, fault-free function cannot be guaranteed under all conditions. To exclude problems from the beginning as much as possible, the Licensee will not use the program immediately in the productive SAP system, but first install it on a test system to ensure that the program behaves in accordance with the specification in this particular EDP environment. This includes implementation tests, printing tests, performance measurements, etc. The Licensee will perform the installation on the productive SAP system under its own responsibility and make efforts to ensure that the restoration of the initial condition is possible.

      Suchy MIPS will guarantee that the program complies to the specifications if used correctly in the operating environment stated.

      The Licensee will be entitled to return the program to Suchy MIPS or the sales office against reimbursement of the purchase price if Suchy MIPS is not in the position to eliminate a technical program malfunction observed.

      THIS GUARANTEE REGULATION WILL REPLACE ALL PREVIOUS GUARANTEE CONDITIONS INCLUDING THOSE APPLICABLE IMPLICITLY IN ACCORDANCE WITH THE PRINCIPLE OF USUAL BUSINESS PRACTICE.

  • Patent or Copyright Violations

    • We will be liable for damage on the basis of the violation of any patent or other protected rights if we knew or should have known that such exist and that the Licensee is exposed to the claims of third parties as a result of this. Our liability with respect to the amount will be restricted in principle to the invoice value of the goods.

  • Liability

    • The entire liability of Suchy MIPS for a defective product will not exceed the purchase price of the defective product in any case. This limitation will also be applicable to the case in which Suchy MIPS cannot repair or replace a defective product or refuses to do this and its exclusive compensation does not fulfil its important purpose.

      Suchy MIPS will not be liable for special, indirect or other consequential business damages (including lost profit or lost savings), even if Suchy MIPS has been informed of the possibility of such damages. Some legal systems do not permit the exclusion or the limitation of consequential damages, so the restrictions and exclusions are not applicable.

      In any case, Suchy MIPS will not be liable for:

    • the loss of or damage to data or

    • any claims to compensation for damages based on the claims of third parties.

  • Place of Jurisdiction

    • The place of fulfilment for all obligations under this contractual relationship will be Munich. The entire contractual relationship will be subject to the law of the Federal Republic of Germany and the place of jurisdiction will be Munich.

      The Licensee will commit itself to observe all applicable export laws and regulations.
      Claims under contractual agreements will expire within two (2) years after they are established.

  • Safeguard Clause

    • Should individual conditions these General Business Terms and Conditions be or become invalid, the remaining conditions will still be effective.

      Suchy MIPS GmbH
      Managing Director: Waldemar Suchy
      Prinzregentenstraße 128
      81677 München Germany

Contact Information

  • Suchy MIPS GmbH
    Prinzregentenstraße 128
    81677 München
  • + 49 (0) 89 - 944 19 77 - 0
  • + 49 (0) 89 - 944 19 77 - 13