Common use of Subject Matter of Agreement Clause in Contracts

Subject Matter of Agreement. 1.1. These general terms and conditions (hereinafter referred to as “GTC”) shall apply exclusively to any and all contractual agreements (hereinafter each contractual agreement referred to as “Agreement”) between PTV Planung Transport Verkehr GmbH (hereinafter referred to as “PTV GmbH”) or any affiliated company of PTV GmbH the Agreement is made with (PTV GmbH or the contracting affiliate hereinafter referred to as “PTV”) and a customer or other contracting partner (hereinafter referred to as “Client”, PTV and the Client hereinafter collectively referred to as the “Contracting Parties”) on supplies and services (hereinafter referred to in summary as “Deliveries”) of PTV except for Online Services as described in clause 1.2. Deliveries may particularly, but not limited to, comprise: 🠶 delivery of standard software and data; 🠶 customizing, installation and adaption of standard software; 🠶 consulting services; 🠶 software maintenance and support; 🠶 development of individual software. 1.2. The GTC shall not apply to online services such as the provision of websites and internet portals, application service providing and/or software as a service (collectively “Online Services”). For Online Services, the terms of use agreed upon registration of the Client for such Online Services shall apply. 1.3. Furthermore, the GTC shall not apply to any contractual agreements where PTV is the purchaser of goods or services. To such agreements only the General Procurement Terms and Conditions of PTV or other individual contractual arrangements between PTV and the respective contractual partner shall apply. 1.4. Contract modifications and amendments shall always be made in writing. This provision shall also apply to any waiver of the requirement for written form. 1.5. Any other terms and conditions shall not be part of the agreement even if PTV should perform a contract without contradicting the inclusion of such terms and conditions. 1.6. Even if renewed reference is not made to such at the time of conclusion of further Agreements within the scope of 1.1, the GTC, as amended from time to time, shall apply unless agreed otherwise in writing. 1.7. These GTC shall not be applicable if the Client is a consumer. Particular clauses of these GTC expressly refer to and only apply to merchants. 1.8. Statements and/or representations in test programs, product and project descriptions shall not be guarantees with respect to the quality of Deliveries. Any guarantee shall require the express and written confirmation of PTV.

Subject Matter of Agreement. 1.1. These general terms and conditions (hereinafter referred to as “GTC”) shall apply exclusively to any and all contractual agreements (hereinafter each contractual agreement referred to as “Agreement”) between PTV Planung Transport Verkehr GmbH AG (hereinafter referred to as “PTV GmbHAG”) or any affiliated company of PTV GmbH AG the Agreement is made with (PTV GmbH AG or the contracting affiliate hereinafter referred to as “PTV”) and a customer or other contracting partner (hereinafter referred to as “Client”, PTV and the Client hereinafter collectively referred to as the “Contracting Parties”) on supplies and services (hereinafter referred to in summary as “Deliveries”) of PTV except for Online Services as described in clause 1.2. Deliveries may particularly, but not limited to, comprise: 🠶 delivery of standard software and data; � � customizing, installation and adaption of standard software;  🠶 consulting services; 🠶 software maintenance and support ; 🠶 development of individual software. 1.2. The GTC shall not apply to online services such as the provision of websites and internet portals, application service providing and/or software as a service (collectively “Online Services”). For Online Services, the terms of use agreed upon registration of the Client for such Online Services shall apply. 1.3. Furthermore, the GTC shall not apply to any contractual agreements whereAG PTV is the purchaser of goods or services. To such agreements only the General Procurement Terms and Conditions ofAG PTV or other individual contractual arrangements betweenAG PTV and the respective contractual partner shall apply. 1.4. Contract modifications and amendments shall always be made in writing. This provision shall also apply to any waiver of the requirement for written form. 1.5. Any other terms and conditions shall not be part of the agreement even ifAG PTV should perform a contract without contradicting the inclusion of such terms and conditions. 1.6. Even if renewed reference is not made to such at the time of conclusion of further Agreements within the scope of 1.1, the GTC, as amended from time to time, shall apply unless agreed otherwise in writing. 1.7. These GTC shall not be applicable if the Client is a consumer. Particular clauses of these GTC expressly refer to and only apply to merchants. 1.8. Statements and/or representations in test programs, product and project descriptions shall not be guarantees with respect to the quality of Deliveries. Any guarantee shall require the express and written confirmation of PTV.