of CATS Crane Automation Technology Systems GmbH & Co KG
(as of December 2009)

1. General

These delivery conditions apply to user software (PLC, C ++ etc.) created by CATS in the course of an individual or project order. Conflicting general conditions of the customer only apply to the extent that CATS has expressly agreed to them in writing.

2. Usage Rights

The client obtains the rights to use the software supplied by CATS. Modifying or duplicating parts or the whole is not permitted and requires the written consent of CATS.
On the other hand, the CATS software can be used multiple times.

3. Creation of additional software functions

3.1 The software is created according to the customer's agreed written information (specification). If these have to be expanded and revised by CATS, this version must be checked for correctness and completeness and countersigned approved by the customer before the start of the program creation. Silence about this - after a reasonable processing period - also counts as consent. These additional clarifications can have a significant impact on the price and delivery time of the software. Any change requests that occur after this lead to separate date and price agreements.
3.2 CATS reserves the right to choose the programming language to be used. Any wishes or demands of the customer must be announced in the course of placing the order, but at the latest before the specification is drawn up, and can lead to separate date and price agreements.
3.3 Acceptance takes place no later than 4 weeks after delivery or commissioning, otherwise the software is deemed to have been accepted. Insignificant defects do not entitle the customer to refuse acceptance.

4. Warranty

4.1 The warranty on the software begins on the acceptance date and is 6 months.
4.2 Interventions or changes by the customer or third party to the software created by CATS that have not been agreed and agreed with CATS result in the immediate loss of warranty or guarantee as well as the liability disclaimer.

5. Defects

5.1 Any reproduced defects must be documented in writing by the customer and forwarded to CATS. These will be remedied within a reasonable period and within the business hours of CATS, whereby all measures necessary for the investigation and remedy must be taken by the customer. All travel costs, workload and overnight stays are to be paid by the customer. This applies even more if follow-up examinations reveal that there is no defect for which CATS is responsible.
5.2 The system is carefully planned and programmed. However, CATS is not liable for consequential damage and financial losses, as well as for savings not achieved, loss of interest and for damage resulting from third-party claims against the customer.

6. Scope of services

6.1 CATS delivers the final documentation to the customer on an electronic data carrier within a reasonable period of time after acceptance and includes the functional description.
6.2 Work during the software commissioning that goes beyond the scope of the order as well as waiting or downtimes that are not within the scope of CATS will be invoiced by CATS according to the applicable hourly rates. The basis for this billing are performance records created by CATS and confirmed by the customer.
6.3 In order to enable the efficient commissioning of devices provided by the customer, CATS must have a specialist from the respective delivery company available as a contact for information or support services during commissioning.

7. Additional Terms

Unless otherwise stated in the general software delivery conditions of CATS, the "General Terms and Conditions" of CATS as well as the "General Terms and Conditions of Service and Installation" also apply, see:

Imprint  |  T&C's  |  Disclaimer

Back to Top