Terms of Sale of IP Addresses
Terms of Sale of IP Addresses
Section S.1. Sale of IP Addresses
(1) By concluding a contract on the sale of IP Addresses (as specified in the order form), the seller undertakes vis-à-vis the buyer to perform necessary actions in relation to the respective Regional Internet Registry, for transfer (making entries in its database) of the sold IP addresses to the name of the buyer. By performing these actions and reassigning the the buyer as the holder of the rights of use with the respective Regional Internet Registry, the seller fulfills the claim of the buyer for transfer of the sold IP addresses. (2) The buyer shall pay to the seller the agreed purchase price in advance, as indicated in the order form. To the extent that the purchase price is subject to turnover tax, such tax shall be paid in addition. The payment of the purchase price shall only be deemed to have been made in due time if the amount owed is at the free disposal of the seller no later than the due date. The sending of the money to the seller in due time shall not be sufficient. (3) Payment for the sale of IP addresses shall be carried out through a secure payments operator (escrow.com) to whom the buyer pays the purchase price and who, after the seller has performed the consideration to the buyer, forwards the purchase price to the seller. Payment charges will be split equally (50/50) between the buyer and the seller. (4) The purchase price and the payment obligations of the buyer are in Euros.
Section S.2. Duties of Cooperation of the Buyer.
(1) The buyer shall be obliged to perform the actions required for the transfer of the sold IP addresses to him. (2) In particular, the buyer shall, at his own expense and risk, comply with the prerequisites required under the rules and regulations of the respective Regional Internet Registry in order to be able to be registered as the holder of the rights to use IP addresses. This applies in particular to obtaining membership with the respective Regional Internet Registry, to making entries in its database and to providing the necessary to do so. (3) The duties of cooperation of the buyer shall be performed at the latest at the time when the purchase price becomes due in accordance with the order form. The buyer shall not have the right to accept and to use the IP addresses sold to him, if he failed to perform these duties in due time.be in default of acceptance of the transfer of the sold IP addresses, without the necessity of an actual or verbal offer by the seller, if he has not performed these actions in due time. (4) The seller shall not owe the buyer any advice with regard to the actions to be taken by the buyer in order to transfer the sold IP addresses.
Section S.3. Warranty
(1) The seller warrants that at the time of signing the sale contract, the sold IP addresses are free of defects preventing their transfer to the buyer. This warranty is considered valid at the time of the time of transfer of IP addresses, provided that: 1. the buyer has complied with the preconditions for the transfer; 2. there are no third parties claims to prevent or restrict reassignment in accordance with the regulations of the respective Regional Internet Registry, and 3. the respective Regional Internet Registry cannot justifiably deny or restrict the transfer of the sold IP addresses to the buyer on the basis of an objection or defense to which it is entitled due to a breach of duty by the seller. (2) The seller shall not owe any warramties of any kind other than those specified in subsection 1 with regard to the sold IP addresses. In particular, claims cannot be brought against the seller if: 1. the rules and regulations of the respective Regional Internet Registry at the time of the transfer have a different content than that which is publicly published by the Regional Internet Registry on its website or in any other way, or are changed after the transfer of risk to the detriment of the buyer; 2. the respective Regional Internet Registry fails to fulfill its obligations to the buyer arising from the transfer of the sold IP addresses. (3) The buyer shall inspect the entries in the database of the respective Regional Internet Registry without undue delay, but no later than within one week after the transfer of the sold IP addresses, and make sure that they are reassigned in his name. If any incostistencies are found, the buyer shall notify the seller and save the entries in the database in a manner that they cannot be subsequently changed (for example, screenshot) on a durable medium. (4) If the buyer fails to notify the seller in a timely manner, the transfer of the IP addresses shall be deemed completed, with the effect that any claims against the seller may be rejected. (5) If inconsitencies are found that prevent the buyer from using the IP addresses sold to him, the seller shall remove conflicting rights or objections of third parties or of the respective Regional Internet Registry or shall procure for the buyer other IP addresses which are free from defects.
Section S.4. Passing of Risk and Burden.
(1) The risk of accidental loss and accidental deterioration of the sold IP addresses shall pass to the buyer upon their transfer. (2) Upon the passing of the risk, the buyer shall be entitled to the benefits and shall bear the burdens of the sold IP addresses, in particular, the buyer shall owe the fees due to the respective Regional Internet Registry.