General terms and conditions

Terms and Conditions of Delivery and Service of AERO-LIFT Vakuumtechnik GmbH

 

A. General conditions

§ 1 Scope of application

  1. These General Conditions of Delivery and Service apply to all our fields of activity. These General Terms and Conditions of Delivery and Service thus apply to the delivery of goods, to work services such as, in particular, installation, repair and maintenance services, to training and to other services.
  2. These General Terms and Conditions of Delivery and Service apply exclusively in our relationship with the customer. They shall also apply to all future transactions, as well as to all business contacts with the customer, such as the commencement of contract negotiations or the initiation of a contract, even if they are not expressly agreed again or if no express reference is made to them again. The validity of the customer's general terms and conditions of order or purchase is expressly rejected.
  3. Earlier agreements and earlier versions of our General Terms and Conditions of Business shall be cancelled by these General Terms and Conditions of Delivery and Service.
  4. If, in individual cases, debt relationships are also established with persons or companies who are not themselves to become parties to the contract, the limitations of liability in these General Terms and Conditions of Delivery and Service shall also apply to them, insofar as these General Terms and Conditions of Delivery and Service were included vis-à-vis the third parties when the debt relationship was established. This is particularly the case if the third parties have become aware of these General Terms and Conditions of Delivery and Service at the time of the establishment of the debt relationship or have already been aware of them.
    1. for damages which are based on
      - a wilful or grossly negligent breach of duty on our part or
      - an intentional or grossly negligent breach by one of our legal representatives, executive employees or vicarious agents of obligations that are not essential contractual obligations (cardinal obligations) and are not primary or secondary obligations in connection with defects in our deliveries or services.
    2. for damages that are based on the intentional or negligent breach of essential contractual obligations (cardinal obligations) on our part, one of our legal representatives, executive employees or vicarious agents.
      Material contractual obligations (cardinal obligations) within the meaning of the above subsections 4.1 and 4.2 are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies.
    3. Furthermore, we shall be liable for damages due to the negligent or intentional breach of obligations in connection with defects in our delivery or service (subsequent performance or ancillary obligations) and
    4. for damages that fall within the scope of protection of a guarantee (assurance) expressly given by us or a guarantee of quality or durability.
    .
  5. The acceptance of our services and deliveries by the customer shall be deemed as recognition of the validity of these General Terms and Conditions of Delivery and Service.

 

§ 2 Conclusion of contract

  1. Our quotations are, unless otherwise agreed, subject to change.
  2. The prices stated in our quotations are based on the installation of standard, tested AERO-LIFT components, as well as the statutory regulations applicable in the Federal Republic of Germany for our products. Other regulations or specifications (e.g. factory standards or construction material specifications) are not taken into account. This may result in additional prices and/or delivery time extensions in the event of a different order.
  3. We shall only be bound to an order once it has been confirmed by us in writing by means of an order confirmation or we commence with the execution of the order.

 

§ 3 Scope of delivery and service, performance deadlines

  1. Our written offer or our order confirmation shall be decisive for the scope of our delivery or service. Subsidiary agreements and amendments require our written confirmation. If our offer or our order confirmation is based on information provided by the customer (data, figures, illustrations, drawings, weights and dimensions etc.), our order confirmation shall only be binding if this information was correct. If it turns out after conclusion of the contract that the order cannot be carried out in accordance with the customer's specifications, we shall be entitled to withdraw from the contract if and insofar as the customer is not prepared to accept the alternative solution proposed by us and to bear any additional costs actually incurred.
  2. We shall be entitled to provide partial services for all deliveries and services to a reasonable extent. We are furthermore entitled to use subcontractors to fulfil our contractual obligations.
  3. As soon as we become aware of the risk of the customer's lack of ability to pay, we are entitled to provide deliveries of goods and services only against advance payment or the provision of security. This shall not affect our right to withdraw from individual contracts already concluded if and insofar as the customer fails to make an advance payment or provide security within a reasonable period of grace.
  4. Delivery and performance deadlines and dates always represent the best possible information, but are generally non-binding. The commencement of the delivery period and compliance with delivery dates shall be subject to the customer's timely and proper performance of the cooperation activities incumbent upon him, his provision of all documents to be supplied and his making of any agreed advance payments.
  5. If it is agreed that the customer pays in advance, the delivery can only take place after we have received the purchase price in full.
  6. The information enclosed with our offers and order confirmations, such as drawings, weight, dimension and capacity information, are, unless expressly marked as binding, only approximate. We reserve all rights to cost estimates, drawings and other offer documents. They may only be made accessible to third parties with our consent.
  7. We shall not be in default in the event of force majeure or other exceptional circumstances for which we are not responsible. In this case we are entitled to withdraw from the contract even if we are already in default. In particular, we shall not be in default in the event of delays in delivery insofar as these are caused by incorrect or untimely delivery by our suppliers for which we are not responsible. In the event of hindrances of temporary duration, the delivery or performance deadlines shall be extended or postponed by the period of the hindrance plus a reasonable start-up period.
  8. If we are contractually obliged to perform in advance, we may refuse the performance incumbent upon us if it becomes apparent after conclusion of the contract that our claim to counter-performance is jeopardised by the customer's lack of ability to perform. This is particularly the case if the counter-performance to which we are entitled is at risk due to poor financial circumstances on the part of the customer or other impediments to performance are imminent, e.g. due to export or import bans, war events, insolvency of suppliers or sickness-related absences of necessary employees.
  9. Transport insurance for goods to be shipped will only be taken out upon express request. The transport insurance will then be taken out in the name and for the account of the customer.
  10. Owed is the transfer of ownership and surrender of the object of purchase. The assembly, installation or a configuration of the object of purchase is not owed, unless this is expressly agreed.

 

§ 4 Prices

  1. Our prices are net prices and are always understood to be "ex works" (EXW Incoterms 2010) for deliveries from our place of business in Geislingen, unless otherwise agreed. They therefore do not include costs for packaging, freight, postage and insurance as well as other shipping costs. In the case of services, the prices refer to the performance of the service at the agreed place of performance. When invoicing, value added tax shall be added at its respective statutory rate. In the case of a net order value of less than EUR 50.00, we are entitled to charge a minimum quantity surcharge of EUR 10.00 plus the statutory value added tax.
  2. If a performance period of more than four months is agreed between the time of confirmation of the order and the performance of the service, we are entitled to pass on to the customer any increases in costs that have occurred in the meantime as a result of price increases for us to the corresponding extent. The same shall apply if a performance period of less than four months was agreed, but the performance can only be rendered by us later than four months after the confirmation of the order for reasons for which the customer is responsible.
  3. In the case of work or services to be rendered by us, remuneration - even in the case of a previously submitted cost estimate - shall in principle be made on a time-fee basis according to the time actually spent, unless a flat-rate remuneration has been agreed. Please refer to our offer or our order confirmation for the units of time recording and the current hourly rates.
  4. Expenses and travel costs shall be invoiced separately, unless otherwise agreed. The reimbursement of travel and accommodation expenses by the client shall be made against presentation of copies of the receipts and deduction of the input tax amounts contained therein, unless otherwise agreed in writing between the parties prior to the execution of the trip. Please refer to our offer or our order confirmation for the current travel and expense rates.

 

§ 5 Terms of payment

  1. Unless otherwise agreed by contract, our claim for deliveries to a customer with registered office in the Federal Republic of Germany shall be due for payment without any deduction 30 days after receipt of the delivery or after complete performance of our service.
  2. For deliveries to customers with registered office outside Germany, the customer shall be obliged to pay in advance, unless otherwise agreed. The amount to be paid shall be due immediately upon receipt of the invoice.
  3. If we provide our deliveries or services in definable partial sections, we shall be entitled to make a corresponding part of the remuneration due for each partial section.
  4. If the customer has its registered office outside Germany and the contractual agreement with the customer does not provide for delivery against advance payment, we shall be entitled, even without a special agreement, to make our performance dependent on the provision of a documentary credit by a bank or savings bank authorised in the European Union in accordance with the currently applicable Uniform Customs and Practice for Documentary Credits (UCP 500) of the International Chamber of Commerce (ICC) in the amount of the gross performance price. If we do not request the provision of such a documentary credit and unless otherwise agreed in the contract, our claim shall become due upon receipt of the delivery or upon complete performance of our service. If we provide our deliveries or services in definable partial sections, we shall in any case be entitled to make a corresponding part of the remuneration due for each partial section and, if applicable, to demand the provision of a documentary letter of credit for each partial section.
  5. Without an express agreement, the customer shall not be entitled to make deductions.
  6. If the customer defaults on payment, he shall compensate us for the damages caused by default, in particular to pay interest in the amount of 9 percentage points above the base interest rate. If the customer is in arrears with the payment of a due amount or partial amount for more than 14 days, if the customer violates the obligations resulting from a retention of title or if the consideration due to us is at risk due to the customer's poor financial circumstances, the entire remainder of all outstanding claims shall become due for payment immediately.
  7. Payment by bill of exchange or acceptance is only permitted with express agreement and even then only applies on account of payment.
  8. Only undisputed or legally established claims can be offset against our remuneration claims. The same applies to the exercise of a right of retention. The customer is only authorised to exercise a right of retention if it is based on the same contractual relationship.
  9. The assignment of claims against us by the customer requires our prior approval, which we will only refuse for good cause.

 

§ 6 Retention of title

  1. Until full payment of all our present and future claims arising from the concluded contract and an ongoing business relationship (secured claims), we retain title to delivered goods
  2. The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The customer must inform us immediately in writing if and insofar as third parties seize the goods belonging to us.
  3. If the customer acts in breach of contract, in particular if he fails to pay the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions or/and to demand surrender of the goods on the basis of the retention of title. The demand for return does not at the same time include the declaration of withdrawal; we are rather entitled to demand only the return of the goods and to reserve the right of withdrawal. If the customer does not pay the due purchase price, we may only assert these rights if we have previously set the customer a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.
  4. The customer is authorised to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.
    1. The retention of title extends to the products resulting from the processing, mixing or combination of our goods at their full value, whereby we are deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
    2. The customer hereby assigns to us by way of security the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the above paragraph. We accept the assignment. The obligations of the customer stated in the above clause 4.1 shall also apply in view of the assigned claims.
    3. The customer shall remain authorised to collect the claim in addition to us. We undertake not to collect the claim as long as the customer meets his payment obligations towards us, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and informs the debtors (third parties) of the assignment.
    4. If the realisable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the customer's request 
  5. The customer must treat the reserved goods with care. At our request, the customer must sufficiently insure the reserved goods at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work becomes necessary, the customer must carry it out in good time at his own expense.
  6. If the effectiveness of this retention of title is dependent on its registration, e.g. in public registers in the customer's country, we are entitled and authorised by the customer to effect this registration at the customer's expense. The customer is obligated to provide all cooperation services necessary for this registration free of charge.

 

§ 7 Cooperation obligations of the customer

    1. The customer shall support us and our employees to a reasonable, customary extent.
      The customer shall provide us with materials, information and data that we require to perform our services. Data and data carriers must be technically flawless. Insofar as special legal or operational safety regulations apply in the customer's business, the customer must inform us of this before we provide our services.
    2. Instructions from the customer to our employees regarding the specific form of the performance of the service are excluded, unless instructions are necessary in connection with safety requirements and company regulations in the customer's business. Instructions on individual questions regarding work or services to be provided by us shall not be given to the employees entrusted by us with the task, but to the contact persons named by us for the project. We shall always decide on the necessary measures on our own responsibility.

    § 8 Liability for defects and general liability

    1. The limitation period for claims based on defects in our deliveries and services is one year from the statutory commencement of the limitation period. After the expiry of this year, we may in particular also refuse subsequent performance without the customer incurring any claims against us for reduction, withdrawal or damages as a result. This shortening of the limitation period shall not apply to claims for damages other than those due to refused subsequent performance and generally not to claims in the event of fraudulent concealment of the defect.
    2. The customer's claims for subsequent performance due to defects in the service or delivery to be provided by us shall exist in accordance with the following provisions:
      1. If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery). The right to refuse the chosen type of subsequent performance under the statutory conditions remains unaffected.
      2. We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer shall be entitled to retain a reasonable part of the purchase price in relation to the defect.
      3. The customer shall give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item to us in accordance with the statutory provisions.
      4. We shall bear the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, if a defect is actually present. The customer shall bear the expenses for rectification or subsequent fulfilment that arise because the purchased item has been taken to a place other than the customer's place of residence or commercial establishment after delivery. If a request by the customer to remedy a defect turns out to be unjustified, we may demand compensation from the customer for the costs incurred as a result.
      .
    3. If the customer is a merchant within the meaning of the German Commercial Code, the following shall also apply:
      The customer's claims for defects, in particular the claims for subsequent performance, rescission of the contract, reduction and damages, presuppose that the customer has fulfilled his statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB). If a defect becomes apparent during the inspection or later, the supplier must be notified of this in writing without delay. The notification shall be deemed to be made without delay if it is made within seven days of discovery of the defect, whereby timely dispatch of the notification shall suffice to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, the customer must give written notice of obvious defects (including wrong delivery and short delivery) within seven days of delivery, whereby timely dispatch of the notice is also sufficient to meet the deadline. If the customer fails to duly inspect the goods and/or notify us of defects, our liability for the defect not notified shall be excluded. This shall not apply if we have fraudulently concealed the defect. A merchant is any entrepreneur who is entered in the commercial register or who operates a commercial business and requires a business operation set up in a commercial manner.
    4. The customer can only claim damages:
    5. In the event of a simple negligent breach of a material contractual obligation, the liability is limited to the amount of the damage typically to be expected and foreseeable for us at the time of conclusion of the contract when exercising due care.
    6. The customer's claims for damages in the event of a simple negligent breach of a material contractual obligation shall become statute-barred one year after the statutory commencement of the limitation period. Excluded from this are damages arising from injury to life, limb or health.
    7. Claims for damages against us arising from statutory mandatory liability, for example under the Product Liability Act, as well as from injury to life, limb or health, shall remain unaffected by the above provisions of this § 8 and shall exist to the statutory extent within the statutory periods.
    8. If third parties are commissioned or involved in the initiation or settlement of the contractual relationship between the parties, the above-mentioned warranty and liability limitations shall also apply to the third parties.
    9. The customer's rights under Sections 478 and 479 of the German Civil Code (BGB) in the event that the customer or its other customers in a supply chain are claimed against by a consumer shall remain unaffected by the provisions of this Section 8.
    .

    § 9 Confidentiality

    1. The customer and we ("the parties") undertake to keep secret during the term of the contract all information which becomes accessible to them in connection with the contract and which is designated as confidential or is recognisable as business or trade secrets on the basis of other circumstances, and not to record it or pass it on to third parties or exploit it in any way - unless expressly approved in writing in advance or required to achieve the purpose of the contract. This obligation of secrecy shall remain in force for a further five years after complete fulfilment or termination of the order.
    2. Excepted from this is that information,
      • which was already known to a party before the start of the contractual negotiations or which is communicated by third parties as non-confidential, provided that these do not in turn breach confidentiality obligations,
      • which the parties have each developed independently of each other,
      • which is or becomes publicly known through no fault or action of the parties or
      • which must be disclosed due to statutory obligations or official or judicial orders.
      In the latter case, the disclosing party shall immediately inform the other party prior to disclosure. Further statutory duties of confidentiality shall remain unaffected.

    § 10 Miscellaneous: Place of performance, place of jurisdiction, applicable law, data processing, contractual language, severability clause

    1. The place of performance and exclusive place of jurisdiction for all disputes arising between the parties from the contractual relationship shall be Geislingen, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law or the customer has no general place of jurisdiction in the Federal Republic of Germany or transfers its place of jurisdiction abroad. As an exception to this, we are also entitled to take legal action against the customer at his general place of jurisdiction. A merchant is any entrepreneur who is entered in the commercial register or who operates a commercial business and requires a business operation set up in a commercial manner. The customer has his general place of jurisdiction abroad if he has his place of business abroad.
    2. The customer is aware that data from business transactions, including personal data, must be stored and processed within the scope of business necessity and transmitted to third parties. The customer agrees to this data collection and processing.
    3. The contractual language is German. If the parties also use another language, the German wording shall take precedence in accordance with the agreement.
    4. If a provision in these General Terms and Conditions of Delivery and Payment or a provision within the scope of other agreements is or becomes invalid, this shall not affect the validity of all other provisions or agreements.
    5. German law shall apply to the contractual and other legal relationships with our customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

 

B. Special conditions for the delivery of goods

 

§ 1 Scope

The following Special Conditions for the Supply of Goods shall apply in addition to the General Conditions under Clause A. to all contracts with the Customer for the supply of goods.

 

§ 2 Scope of performance

  1.  Transport insurance for goods to be shipped shall only be taken out upon express request. The transport insurance will then be taken out in the name and for the account of the customer.
  2. Owed is the transfer of ownership and surrender of the object of purchase. The assembly, installation or a configuration of the object of purchase is not owed, unless this has been expressly agreed.

 

§ 3 Delivery on sample orders

  1. If the customer orders a product from us in order to test whether it meets the customer's requirements (order of a sample product), this is not a purchase on trial. Rather, the customer must pay the agreed purchase price for the product.
  2. If the customer continues to order this product from us after purchasing a sample product, the quality and properties of the sample product sent shall be deemed agreed for the purchase of these further products.

 

§ 4 Transfer of risk

The risk of loss or deterioration of the goods shall pass to the customer when the goods are handed over for dispatch, even if partial deliveries are made. If the dispatch is delayed for reasons that lie in the person of the customer, the risk shall already pass to the customer with the notification of readiness for dispatch.

 

§ 5 Release from liability for unjustifiable items

If we produce unjustifiable items on behalf of the customer, in particular custom-made products or prototypes, these items may be used without our express consent solely for internal research purposes, but not commercially. Should the customer make such use without our express consent and should there subsequently be a breach of domestic or foreign or official safety regulations or product liability rules, the customer shall indemnify us against corresponding claims by third parties. In cases of fault-based liability, however, this shall only apply if the customer is at fault. If the cause of the damage lies within the customer's area of responsibility, the customer shall bear the burden of proof in this respect.

 

C. Special conditions for work services

§ 1 Scope

The following special conditions for work services, such as, in particular, installation, repair and assembly services, apply in addition to the General Conditions under section A. to all contracts with the customer for the provision of work services.

 

§ 2 Subject matter of the contract

The subject matter of the contract is the provision of work services.

 

§ 4 Changes during the execution of the work/ Change Request Management

  1. The project leaders can agree on changes by mutual consent. The agreements shall be recorded and signed off by both project leaders. Insofar as no agreements are reached on remuneration or other contractual provisions, in particular schedules with regard to the agreed changes, the changes must be implemented within the framework of the contractual provisions agreed up to that point.
  2. If the parties do not reach agreement on changes requested by one of the contracting parties, the following shall apply:
    • The customer is entitled to submit change requests to us until acceptance. The change requests must be made to us in writing. We shall examine the change request. We shall accept changes requested by the customer unless they are unreasonable for us within the scope of our operational capacity. We shall inform the customer in writing within 14 days of receipt of the request for change whether
    • the change request is accepted and will be implemented in accordance with the previous provisions of the contract.
    • the change request affects contractual regulations, e.g. price, execution deadlines, etc.: In this case, we shall inform the customer of the conditions under which the change can be implemented. The change shall only be implemented if the customer accepts the change at the conditions notified by us within 14 days of receipt of the notification.
    • the examination of the change request for feasibility is extensive: In this case, we can make the examination of the change dependent on the customer remunerating the examination effort. In such a case, we are obliged to inform the client in writing of the time required and the costs for the examination. The audit order shall only be deemed to have been placed if the customer instructs us in writing to carry out the audit.
    • the request for change is rejected.
      If we do not respond to the request for change within 14 days of receipt, the request for change shall be deemed to have been rejected.
  3. We shall observe the generally recognised testing methods and the applicable statutory regulations when performing the service. If legal or other regulations change after conclusion of the contract, if new regulations are introduced or if new or changed requirements arise for us, for example from subsequently submitted, changed or new manufacturer documentation, factory standards or risk assessments, which affect the contractual performance, and if the customer has informed us of this in good time, we shall take these requirements into account as far as possible. Remuneration agreed in service contracts or orders for services will be adjusted at our reasonable discretion (§ 315 BGB). In doing so, we shall in particular take into account the expenses for changed requirements for the testing effort, for the personnel and/or for tools used or new tools.

 

§ 5 Acceptance

The work shall be handed over after completion. If a handover is excluded due to the nature of the Work, a notice of completion shall be given. After completion and handover or - if handover is excluded due to the nature of the work - after notification of completion, the work shall be accepted. The customer shall accept the completed work within the agreed period, otherwise within a reasonable period, but at the latest within a period of two weeks after handover or - if handover is excluded due to the nature of the work - after completion. The period begins with the written notification from us to the customer that the work has been completed. The work shall be deemed to have been accepted upon expiry of the agreed period for acceptance if the customer neither declares acceptance in writing nor informs us in writing of the defects that still need to be remedied. We shall draw the customer's attention to this legal consequence when notifying him of the completion of the work

  1.  Transport insurance for goods to be shipped shall only be taken out upon express request. The transport insurance will then be taken out in the name and for the account of the customer.
  2. Owed is the transfer of ownership and surrender of the object of purchase. The assembly, installation or a configuration of the object of purchase is not owed, unless this has been expressly agreed.
  3. If the customer orders a product from us in order to test whether it meets the customer's requirements (order of a sample product), this is not a purchase on trial. Rather, the customer must pay the agreed purchase price for the product.
  4. If the customer continues to order this product from us after purchasing a sample product, the quality and properties of the sample product sent shall be deemed agreed for the purchase of these further products.
  5. Both we and the customer are obliged - in separately agreed cases - to appoint a project manager before the work begins. The measures required for the realisation of the work shall be coordinated between the project managers. The responsibility for the realisation of the work lies with us. The respective project managers shall be named in writing to the respective contractual partner within a reasonable period of time after the conclusion of the contract.
  6. The project managers shall meet regularly, in project-individually agreed periods of time, in order to prepare, make and record pending decisions.
  7. The project leaders can agree on changes by mutual consent. The agreements shall be recorded and signed off by both project leaders. Insofar as no agreements are made on the remuneration or the other contractual provisions, in particular schedules with regard to the agreed changes, the changes must be implemented within the framework of the contractual provisions agreed up to that point.
  8. If the parties do not reach an agreement on changes requested by one of the contracting parties, the following shall apply:
  9. The customer shall be entitled to submit change requests to us until acceptance. The change requests shall be made to us in writing. We shall examine the change request. We shall accept changes requested by the customer unless they are unreasonable for us within the scope of our operational capacity. We shall inform the customer in writing within 14 days of receipt of the change request whether
    • - the change request is accepted and will be carried out in accordance with the previous provisions of the contract.
    • the change request affects contractual provisions, e.g. price, execution deadlines etc.: In this case, we shall inform the customer of the conditions under which the change can be carried out. The change is only to be carried out if the customer accepts the change at the conditions notified by us within 14 days of receipt of the notification to us.
    • The examination of the change request for feasibility is extensive: In this case, we can make the examination of the change dependent on the customer remunerating the examination effort. In such a case, we are obliged to inform the client in writing of the time required and the costs for the examination. The audit order shall only be deemed to have been placed if the customer instructs us in writing to carry out the audit.
    • The request for amendment is rejected.
      Insofar as we do not respond to the request for change within 14 days of receipt, the request for change shall be deemed to have been rejected.
  10. We shall observe the generally recognised test methods and the applicable statutory regulations when performing the service. If legal or other regulations change after conclusion of the contract, if new regulations are introduced or if new or changed requirements arise for us, for example from subsequently submitted, changed or new manufacturer documentation, factory standards or risk assessments, which affect the contractual performance, and if the customer has informed us of this in good time, we shall take these requirements into account as far as possible. Remuneration agreed in service contracts or orders for services shall be adjusted at our reasonable discretion (§ 315 BGB). In doing so, we shall in particular take into account the expenses for changed requirements for the testing effort, for the personnel and/or for tools used or new tools.

 

Status: Februar 2017

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