General terms and conditions

1. Scope

1.1 The following general terms and conditions apply to all services and legal relationships of Speam GmbH with third parties (contracting parties).

1.2 General terms and conditions of the contracting party that we have not expressly agreed to in writing do not become part of the contract.

2. Prices / payment terms

2.1 Unless stated otherwise, our prices are net prices plus statutory VAT, which is shown separately on the invoice.

2.2 Invoices are due for payment immediately from the invoice date.

2.3 If the contracting party does not settle the invoice within the stated payment term, it falls into default without the need for a reminder.

3. Offsetting / refusal of performance

3.1 The contracting party may only offset our claims against counterclaims that are acknowledged or have been legally established.

3.2 A contracting party acting as an entrepreneur (§ 14 BGB) may not assert rights of retention or refusal of performance under §§ 273, 320 BGB unless we are responsible for a material breach of contract.

4. Warranty claims for defects

4.1 Statutory warranty claims against entrepreneurs (§ 14 BGB) become time-barred one year after the statutory limitation period begins, unless the law prescribes longer periods.

4.2 Obvious defects must be reported to us in writing within two weeks; non-obvious defects immediately upon discovery. If these deadlines are missed, warranty rights are excluded.

4.3 In the event of a warranty claim we are entitled, at our discretion, to remedy the defect or provide a replacement.

5. Liability

5.1 Claims for damages by the contracting party against Speam are excluded in principle.

5.2 This exclusion does not apply in cases of injury to life, body or health, intent or gross negligence, breach of warranty, mandatory statutory liability (e.g. under the German Product Liability Act), or negligent breach of material contractual obligations — in which case liability is limited to the damage typically foreseeable under the contract.

6. Place of performance / jurisdiction / applicable law

6.1 The place of performance for both parties is our respective registered office.

6.2 In business dealings with merchants, the place of jurisdiction is, at our discretion, our registered office or the court competent for the contracting party.

6.3 German law applies exclusively. For consumers this applies only to the extent that mandatory protective provisions of their country of residence do not conflict.

7. Remote support via TeamViewer

7.1 Using TeamViewer, the Speam GmbH team can view your screen at your request in order to support you remotely. Access takes place only after your approval.