Common use of Hardware Purchase Clause in Contracts

Hardware Purchase. Subject Matter This Part will apply to sale of Hardware to and purchase by the Customer from TeamViewer (“Hardware Purchase”). The subject matter of the Hardware Purchase shall be the supply of the Hardware as provided in the Contract and the transfer of ownership of the Hardware to and the payment of the purchase price agreed by the Customer. Any additional services related to the Hardware Purchase, including but not limited to the setup, installation, or trainings, shall not be provided under these Hardware Specific Terms. Such services may be agreed between the parties upon request but shall remain subject to a separate agreement and remuneration. TeamViewer Obligations TeamViewer shall grant to customer the ownership and possession of the Hardware pursuant to the conditions of these Hardware Purchase Terms. Unless otherwise agreed, the Hardware shall be delivered to the address provided in the Contract. Customer shall assume the risk of accidental destruction, loss or damage of the Hardware after TeamViewer has handed over the Hardware to the shipping service provider (“Passing of Risk”). Customer Obligations Customer shall pay to TeamViewer the purchase price and delivery fees as specified in the Contract. In deviation to section Error! Reference source not found. and unless otherwise agreed, the purchase price shall be due for payment upon Passing of Risk. Customer shall be responsible for the setup and configuration of the Hardware following the delivery thereof. Reservation of Title The Hardware shall remain the property of the TeamViewer until the purchase price has been paid in full. This reservation of title shall be extended to other claims which TeamViewer has against Customer resulting from the latter's business activities. Customer is not entitled to set off against claims of TeamViewer, unless the counterclaims are undisputed or confirmed by final judicial award. Hardware Requirements The use of the Hardware by the Customer will be subject to specifications as provided either by TeamViewer or by the Hardware manufacturer. Limitation of Warranty / Warranties TeamViewer warrants that the Hardware is free of any material defects and defects of title upon the Passing of Risk. Customer shall examine the Hardware immediately after receipt, insofar as this is feasible in the ordinary course of business, and notify TeamViewer of any found defects without delay, failing which, the Hardware shall be deemed to have been accepted as in compliance with Contract, unless the defect was hidden and not recognizable during the ordinary examination. In case of material defects of the Hardware or defects in title thereof and at TeamViewer’s discretion, TeamViewer shall either fix the defect or make available to Customer replacement Hardware which is free from defect. TeamViewer reserves the right to assign to the Customer any claims arising from TeamViewer’s liability for material defects and defects of title against the manufacturer, the reseller or other third parties. If Customer is an entrepreneur, the validity of any claims based on defects in the Hardware shall become statute-barred one (1) year after the Passing of Risk. Entrepreneur in the preceding sentence means a natural or legal person, or a partnership with legal personality, that acts in exercise of trade, business or profession while entering the Contract. Any claims for damages based on breach of warranty or defective performance shall be subject to limitation of liability stipulated in the Jurisdiction Specific Terms.

Hardware Purchase. Subject Matter This Part will apply to sale of Hardware to and purchase by the Customer from TeamViewer (“Hardware Purchase”). The subject matter of the Hardware Purchase shall be the supply of the Hardware as provided in the Contract and the transfer of ownership of the Hardware to and the payment of the purchase price agreed by the Customer. Any additional services related to the Hardware Purchase, including but not limited to the setup, installation, or trainings, shall not be provided under these Hardware Specific Terms. Such services may be agreed between the parties upon request but shall remain subject to a separate agreement and remuneration. TeamViewer Obligations TeamViewer shall grant to customer Customer the ownership and possession of the Hardware pursuant to the conditions of these Hardware Purchase Terms. Unless otherwise agreed, the Hardware shall be delivered to the address provided in the Contract. Customer shall assume the risk of accidental destruction, loss or damage of the Hardware after TeamViewer has handed over the Hardware to the shipping service provider (“Passing of Risk”). Customer Obligations Customer shall pay to TeamViewer the purchase price and delivery fees as specified in the Contract. In deviation to section Error! Reference source not found. A.2.2 and unless otherwise agreed, the purchase price shall be due for payment upon Passing of Risk. Customer shall be responsible for the setup and configuration of the Hardware following the delivery thereof. Reservation of Title The Hardware shall remain the property of the TeamViewer until the purchase price has been paid in full. This reservation of title shall be extended to other claims which TeamViewer has against Customer resulting from the latter's business activities. Customer is not entitled to set off against claims of TeamViewer, unless the counterclaims are undisputed or confirmed by final judicial award. Hardware Requirements The use of the Hardware by the Customer will be subject to specifications as provided either by TeamViewer or by the Hardware manufacturer. Limitation of Warranty / Warranties TeamViewer warrants that the Hardware is free of any material defects and defects of title upon the Passing of Risk. Customer shall examine the Hardware immediately after receipt, insofar as this is feasible in the ordinary course of business, and notify TeamViewer of any found defects without delay, failing which, the Hardware shall be deemed to have been accepted as in compliance with Contract, unless the defect was hidden and not recognizable during the ordinary examination. In case of material defects of the Hardware or defects in title thereof and at TeamViewer’s discretion, TeamViewer shall either fix the defect or make available to Customer replacement Hardware which is free from defect. TeamViewer reserves the right to assign to the Customer any claims arising from TeamViewer’s liability for material defects and defects of title against the manufacturer, the reseller or other third parties. If Customer is an entrepreneur, the validity of any claims based on defects in the Hardware shall become statute-barred one (1) year after the Passing of Risk. Entrepreneur in the preceding sentence means a natural or legal person, or a partnership with legal personality, that acts in exercise of trade, business or profession while entering the Contract. Any claims for damages based on breach of warranty or defective performance shall be subject to limitation of liability stipulated in the Jurisdiction Specific Terms.