General Terms and Conditions

These terms and conditions are addressed to businesses, legal entities under public law and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). For the special case of a sale to consumers, see clause 6.1.

This English version is provided for convenience. In the event of any discrepancy, the German version shall prevail.

1. General provisions, scope

1.1 These General Terms and Conditions (hereinafter “Terms”) apply to all contracts, deliveries and other services of Infrasolute GmbH (hereinafter “Infrasolute”) in the version valid at the time the contract is concluded. Deviating terms of customers do not apply unless Infrasolute has confirmed them in writing. Individual agreements between Infrasolute and customers always take precedence.

1.2 These Terms apply to all Infrasolute products unless a distinction is made in the respective clause.

1.3 In ongoing business relationships, these Terms always form the basis of the individual contracts, even if they are not expressly referred to. Should individual provisions of these Terms be amended or invalid, the validity of the remaining provisions shall remain unaffected.

1.4 These Terms apply exclusively to businesses, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB.

2. Subject matter, offers, conclusion of contract

2.1 Infrasolute offers various products, in particular the Infrasolute sensors and the Infrasolute online software, which is operated as a SaaS solution (“software as a service”).

2.2 The presentation of Infrasolute products on the website does not constitute a legally binding offer but an invitation to submit an inquiry. All offers are valid “while stocks last” unless otherwise stated for the Infrasolute products.

2.3 Customers can contact Infrasolute by telephone, email or fax to inquire about a product. Infrasolute then submits an offer by email, letter or fax. The contract is only concluded when the customer accepts this offer.

3. Prices, VAT, shipping costs, payment

3.1 The prices stated in the respective offer apply, plus statutory VAT.

3.2 Prices do not include shipping and packaging costs, of which the customer will be informed separately. Additional customs duties, taxes and fees may apply to deliveries outside the EU.

3.3 Customers can choose from the payment methods offered: payment in advance by bank transfer or invoice. Payments are due no later than 14 calendar days after conclusion of the contract.

3.4 If the customer is in default of payment, Infrasolute may claim damages or withdraw from the contract.

3.5 Infrasolute always issues the customer an invoice, which is handed over on delivery of the products or sent in text form.

3.6 Shipping costs are charged according to effort and shown separately in the offer.

3.7 Payment in advance is the standard procedure. After the order is completed, the customer receives an invoice with the bank details, and shipping takes place after receipt of payment. Infrasolute offers regular customers and partners payment on invoice; the invoice amount is payable within 14 days of the invoice date. For new customers, Infrasolute reserves the right to carry out a credit check.

3.8 In the event of default of payment, Infrasolute reserves the right to charge default interest of 9 percentage points above the respective base interest rate and a dunning fee of EUR 5.00 per reminder.

3.9 Retention of title: The goods delivered remain the property of Infrasolute GmbH until paid in full.

4. Delivery of Infrasolute sensors

4.1 Delivery is made to the address specified by the customer unless otherwise agreed. The delivery date is agreed on a case-by-case basis.

4.2 Infrasolute reserves the right to make partial deliveries where expedient. Any additional costs arising from this are not borne by the customer.

4.3 If an ordered product is not available because a supplier fails to deliver through no fault of Infrasolute, Infrasolute is entitled to withdraw from the contract.

4.4 Delivery is made within Germany. For deliveries to other countries, please contact Infrasolute directly. The risk passes to the buyer when the goods are handed over to the carrier.

5. Data protection and data processing

5.1 Infrasolute collects and processes the customer’s personal data in accordance with the applicable data protection regulations. Further information can be found in the privacy policy.

5.2 Customer data is used exclusively to process orders, to provide the SaaS services and to improve the service.

5.3 Infrasolute only passes on personal data to third parties where this is necessary to perform the contract (e.g. shipping service providers, payment providers).

6. Right of withdrawal

6.1 There is no right of withdrawal, as these Terms apply exclusively to businesses. Should products exceptionally be sold to consumers, a right of withdrawal applies in accordance with Section 355 BGB.

7. Warranty and support

7.1 The statutory warranty applies unless otherwise agreed. Infrasolute warrants that the products are free from defects at the time of delivery.

7.2 Technical support is provided for the duration of the contract. Details are set out in the product description.

8. Restrictions of use and liability

8.1 Depending on the product version, Infrasolute products can only be used in conjunction with an NB-IoT or LTE Cat-M network. Infrasolute is not liable for network availability.

8.2 The products may not be used for unlawful purposes or in high-risk areas without express authorisation.

8.3 Infrasolute accepts no liability for indirect or direct consequential damage arising from the use of or monitoring by means of Infrasolute products. This includes damage caused by incorrect interpretation of the measurement data, inadequate maintenance of the monitored objects or delays in evaluation. Responsibility for the evaluation and the corresponding measures lies exclusively with the customer.

8.4 Any liability for loss of profit, business interruption or other financial loss is excluded to the extent permitted by law.

9. Final provisions

9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2 The place of jurisdiction is the registered office of Infrasolute GmbH.

9.3 Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.