General Conditions for the Provision of Goods and Services
of AERO-LIFT Vakuumtechnik GmbH
A. General Terms and Conditions
§ 1 Scope
- These General Conditions for the Provision of Goods and Services shall apply to all our business activities. These General Conditions for the Provision of Goods and Services shall therefore apply to any provision of goods, any work performance and in particular to any installation, repair or maintenance activities, training as well as to any other services.
- These General Conditions for the Provision of Goods and Services shall apply exclusively in our relationship with the Customer. They shall also apply to all future business 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 these General Conditions for the Provision of Goods and Services are not again expressly agreed to or referred to. The validity of the Customer‘s general order or purchase conditions is expressly contradicted.
- Previously made agreements and earlier versions of our general terms and conditions are repealed by these General Conditions for the Provision of Goods and Services.
- If, in any individual case, obligations are created in relation to any person or commercial entity not a party to the contract, the limitations of liability in these General Conditions for the Provision of Goods and Services shall also apply to such persons or commercial entities, insofar as these General Conditions for the Provision of Goods and Services were also applied to the third party when the contractual obligation was established. This shall be the case in particular, if the third party has gained knowledge or already had knowledge of these General Conditions for the Provision of Goods and Services when the obligation was established.
- The acceptance of the delivery of our services and deliveries by the Customer shall be deemed to be acceptance of the validity of these General Conditions for the Provision of Goods and Services.
§ 2 a Contract Formation outside of our Online Shop
- Unless otherwise agreed, our offers are subject to confirmation.
- The prices mentioned in our offerings are based on the installation of standard, proven AERO-LIFT components, as well as the legal regulations for our products applicable in the Federal Republic of Germany. Other regulations or specifications (e.g., factory standards or construction material specifications) are not taken into account. Orders beyond the foregoing may result in additional costs and / or delivery time extensions.
- We are bound by an order only if it has been confirmed by us in writing by way of an order confirmation or if we begin with the performance of the order.
§ 2 b Contract Formation when using our Online Shop
- The presentation of the products and services in the online shop does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the „Order and Pay“ button, you submit a binding order of the goods contained in the shopping cart. The receipt of your order will be directly confirmed by e-mail. With this email confirmation, we do not accept your order yet; We first check whether we can provide the requested performance. An acceptance or rejection will be made with a separate e-mail within five working days or with the sending of the ordered goods.
- We are bound by an order only if it has been confirmed by us via e-mail by way of an order confirmation or if we begin with the performance of the order.
§ 3 Scope of Goods and Services, Performance Deadlines
- Our written offer or order confirmation shall determine the scope of our duty to provide goods and services. Any collateral agreement or amendment shall require written confirmation by us. If our offer or order confirmation is based on information provided by the Customer (data, figures, illustrations, drawings, specifications of weight and dimension, etc.), our order confirmation shall only be binding if such information was correct. If it becomes apparent after contract formation that the order cannot be performed 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 any replacement solution proposed by us and to bear any additional costs actually incurred.
- We shall be entitled to provide partial performance in relation to all goods and services to a reasonable extent. Furthermore, we shall be entitled to use subcontractors to fulfil our contractual obligations.
- As soon as we become aware of any risk of the Customer being unable to pay, we shall be entitled to limit any provision of goods and services to advance payment or the provision of security in each case. Our rights to withdraw from any individual contract already entered into shall remain unaffected if and insofar as the Customer fails to make an advance payment or provide security within a reasonable period.
- Delivery and performance periods and dates provided are based on the best possible information, but are generally non-binding. The commencement of a delivery period and compliance with any delivery deadline shall be subject to the Customer‘s timely and proper performance of its duties of cooperation, the provision of all documents required and the payment of any agreed advance payments. Delivery dates confirmed by us always relate to the day of shipment of the goods from the respective place of business of our company or other place of performance.
- If it is agreed that the Customer pays in advance, the delivery can only be made after complete receipt of the purchase price.
- The specifications attached to our offers and order confirmations, such as drawings, weight, size and capacity information, unless expressly marked as binding,are only approximate. We reserve all rights to cost estimates, drawings and other offer documents. They may only be made available to third parties with our consent.
- In the event of force majeure or other extraordinary circumstances for which we are not responsible, we shall not be in default. In such case, we shall be entitled to also withdraw from the contract 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 case of any hindrance of a temporary nature, the deadlines for the provision of goods and services shall be extended or shall be postponed by the period of such delay as well as a reasonable run-up period.
- If the customer is in default of acceptance or if the shipment is delayed at the customer‘s request, he will be charged for the costs arising from storage by us or by a third party, beginning with the notification of readiness for dispatch. We are entitled to quantify these costs at a flat rate of 0.5% of the invoice amount (including VAT) for each week, but no more than 10% of the invoice amount (including VAT). The customer is free to prove a lower damage. After setting and unsuccessful expiry of a reasonable deadline, we are entitled to otherwise dispose of the delivery item and then to re-supply the customer with an appropriately extended deadline.
- If we are contractually obliged to perform in advance, we may refuse any such performance incumbent upon us if it becomes apparent after entering the contract that our claim to consideration is endangered by the Customer‘s inability to pay. This shall be the case in particular if the consideration due to us is endangered by the poor the financial circumstances of the Customer or if other obstacles threaten the performance, such as export or import prohibitions, conflict-related events, insolvency of suppliers or the absence of any essential employees due to illness.
- Transport insurance for goods to be shipped shall only be taken out upon express request. Such transport insurance shall then be concluded in the name and on account of the Customer.
§ 4 Prices
- Our prices are net prices and are in the case of delivery of goods always „ex works“ (EXW Incoterms 2010) from our place of business in Geislingen, unless otherwise agreed. Therefore the prices do not include costs for packing, freight, postage, insurance and other costs of shipment. In the case of services, the prices refer to the performance of the service at the agreed place of performance. When invoicing, the 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 low-quantity surcharge of EUR 10.00 plus statutory VAT.
- If a performance period of more than four months has been agreed between the time of confirmation of the order and the time of performance, we shall be entitled to pass on to the Customer to a corresponding extent any cost increases that have occurred in the meantime for us. The same applies if a performance period of less than four months was agreed, but the performance can only be provided by us later than four months after confirmation of the order for reasons for which the Customer is responsible.
- In the case of any work performance or services to be rendered by us, the remuneration - even in the case of a previously submitted cost estimate - shall generally be charged on the basis of time, unless a lump-sum remuneration has been agreed. Please refer to our offer or order confirmation for the time recording units and them current hourly rates.
- Expenses and travel expenses shall be invoiced separately unless otherwise agreed. Reimbursement of travel and accommodation costs by the Customer shall be made on presentation of the receipts in copy and deduction of the input tax amounts contained therein, unless otherwise agreed in writing between the parties prior to travel. Please refer to our offer or order confirmation for the current travel and expense rates.
§ 5 Payment Conditions
- Unless otherwise contractually agreed, our claims resulting from the provision of goods or services to a Customer with its place of business in the Federal Republic of Germany are due for payment 30 days after receipt of the delivery or the complete provision of performance, without any deductions.
- In the case of the provision of goods or services to customers with their places of business outside of Germany, the Customer shall be obliged to pay in advance, unless otherwise agreed. The amount to be paid is due immediately after receipt of the invoice.
- If we provide the goods or services in definable parts, we shall be entitled to demand payment for the corresponding part remuneration for each part.
- Insofar as the Customer has its place of business located outside of Germany and no advance payment is envisaged under the contract, we shall be entitled without any separate agreement in relation thereto, to make any performance subject to the provision of a letter of credit from a bank or savings bank registered in the European Union for the amount of the gross performance price and issued in accordance with the current applicable Uniform Guidelines and Practices for Documentary Credits (ERA 500)/Uniform Customs and Practice for Documentary Credits (UCP 500) of the International Chamber of Commerce (ICC). If we do not demand the provision of such a letter of credit and if nothing to the contrary has been contractually agreed, our claim shall become due upon receipt of the delivery or upon the provision in full of our services. If we provide the goods or services in definable parts, we shall in any case be entitled to demand payment for the corresponding part remuneration for each part and, as applicable, to demand the provision of a letter of credit for each part.
- Unless expressly agreed otherwise, the Customer shall not be entitled to make deductions.
- If the Customer is in default of payment, it shall compensate us for any damage caused by default, including in particular interest at a rate 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 endangered due to poor financial circumstances of the Customer, the entire outstanding balance of any and all claims shall become due for payment immediately.
- Payment by bill of exchange or acceptance shall be permitted only after an express agreement on such and only on account of payment. Any costs incurred as a result of a payment by bill of exchange or acceptance must be borne by the Customer and are charged to the Customer separately.
- Only those claims which are undisputed or confirmed by way of a final legal judgment may be set off against any amount we may claim under our right to remuneration. The same applies to the exercise of any right of retention. The Customer shall be entitled to exercise any right of retention only insofar as it is based on the same contractual relationship.
- Any assignment of claims against us by the Customer shall require our prior approval, which we shall only refuse for good cause.
§ 6 Retention of Title
- We reserve title to all the goods delivered by us until such time as payment is rendered in full in relation to all our current and future claims arising from the agreed contract and other ongoing business transactions (secured claims).
- Goods subject to a retention of title shall not be pledged to any third party or assigned as security until all secured claims have been paid in full. The Customer must inform us without undue delay in text or written form if and to the extent that any third party accesses goods belonging to us.
- In the event of the Customer acting in breach of contract, in particular in case of any non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or demand the return of the goods on the basis of our retention of title. Any demand for the return of goods shall not in itself constitute a declaration of withdrawal from the contract; we are entitled to demand a return of goods and to continue to reserve our right to withdraw from the contract. If the Customer fails to pay the purchase price due, we may exercise these rights only if we have set a further reasonable deadline by which payment must be made or, if such an additional deadline is not required by law.
- The Customer shall be entitled to resell and/or process the goods in the ordinary course of business subject to our retention of title. In such case the following provisions shall also apply:
- Any retention of title shall cover the full value of the products resulting from the processing, mixing or combining of our goods, whereby we shall be deemed the manufacturer. If in any processing, mixing or connection with other goods, a third party retains its retention of title, we shall then acquire a co-ownership in proportion to the invoice value of the processed, mixed or combined goods. In addition, in relation to such resulting products the same shall apply as in relation to goods supplied under retention of title.
- The Customer hereby assigns to us by way of security any claims against third parties arising from the resale of the goods or the product, in whole or to the amount of our possible co-ownership share in accordance with the above provision. We hereby accept this assignment. The obligations of the Customer as set out in A. § 6 no. 2. above shall also apply with regard to the assigned claims.
- As well as ourselves, the Customer shall remain authorised to collect the claim. We undertake not to collect a claim provided that the Customer meets its payment obligations towards us, is not in default in relation to any payment, no application has been made for the commencement of insolvency proceedings and there is no other defect in terms of the Customer’s ability to pay. In the event of any of the above, we may require the Customer to disclose to us any assigned claim and the details of the respective debtor, as well as all other details necessary for the collection and that the Customer provides all related documentation and notifies the debtor (third party) of the respective assignment.
- If the realisable value of any security exceeds our claim by more than 10%, we shall, at the request of the Customer, release security at our discretion
- The Customer must treat the reserved goods with care. At our request, the Customer must adequately insure the reserved goods at replacement value against fire, water damage and theft at its own expense. Insofar as any maintenance or inspection work becomes necessary, the Customer shall carry out such at its own expense and in good time.
- If the effectiveness of this retention of title depends upon its due registration, e.g. in one or more public registers in the Customer‘s country, we shall be entitled and authorised by the Customer to bring about this registration at the Customer‘s expense. The Customer shall be obliged to provide at no charge all the support necessary for such registration.
§ 7 Duty of Customer to Provide Support
- The Customer shall support us and our employees to a reasonable, customary extent.
- The Customer must provide us with all materials, information and data we require to provide our performance. Data and data carriers must be technically defectfree. Insofar as special statutory or operational safety regulations apply at the Customer‘s premises, the Customer must inform us of such before the time of our performance.
- Instructions from the Customer to our employees on the specific form of service provision are excluded, unless instructions in connection with safety requirements and operating regulations in the Customer‘s company are necessary. Instructions on individual questions regarding work or services to be provided by us shall not be given to the employees entrusted with the task, but to the contact persons we have named for the project. We always decide independently about the necessary measures.
§ 8 Warranty and General Liability
- The limitation period for claims based on any defect in our goods or services shall be one year from the date of statutory commencement of the limitation period. After the expiry of this year, we may refuse to undertake any subsequent performance without the Customer being entitled to claim a reduction in price, withdraw from the contract or claim damages as a result. This reduction of the statutory limitation period shall not apply to claims for damages other than those based on refused subsequent performance and shall generally not apply to claims based on a fraudulent concealment of any defect and to recourse claims according to § 445a of the German Civil Code (BGB); the statutory limitation periods apply to such claims.
- Any claim of the Customer for subsequent performance due to defects of the goods or services provided by us shall be subject to the following provisions:
- If a delivered item is defective, we may initially choose whether we provide subsequent performance by remedying the defect (rectification) or by supplying a defect-free item (replacement delivery). The right to refuse the chosen type of subsequent performance under the conditions set down by statutory law shall not be affected hereby.
- We may undertake any such subsequent performance dependent on the Customer having paid the purchase price due for payment. The Customer may, however, withhold payment of a reasonable part of the purchase price in proportion to the defect.
- The Customer shall provide us with reasonable opportunity and time for any subsequent performance and in particular shall provide us with the defective goods for testing purposes. In case of any replacement delivery , the Customer shall return the defective objects to us in accordance with the provisions of law.
- We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular any transport, travel, labour and material costs, provided that the alleged defect actually exists.
- In case of delivery of goods the following additionally applies:
If the Customer has installed the defective item in another item or attached it to another item in accordance with its type and intended use, we shall, within the framework of subsequent performance, reimburse the Customer for necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defectfree item. § 442 para. 1 of the Civil Code (BGB) shall apply subject to the provision that regarding the Customer‘s knowledge the Customer‘s installation or attachment of the defective item instead of the conclusion of the contract shall be relevant.
- The Customer shall bear any costs of repair or subsequent performance arising from the fact that the purchased item has been taken to a place other than the Customer‘s place of domicile or commercial establishment after delivery.
- In the event that any claim for rectification of a defect by the Customer proves to be unjustified, we shall be entitled to claim reimbursement from the Customer of any resulting costs.
- If the Customer is a merchant within the meaning of the German Commercial Code, the following applies in addition:
The Customer‘s warranty claims, in particular the claims for subsequent performance, recourse, withdrawal from the contract reduction of the purchase price and damages, require that the Customer has complied with its statutory obligations to inspect and provide notice of any defect (§§ 377, 381 Commercial Code (HGB)). If a defect is found during the inspection or later, we must be notified without undue delay in written form. Without undue delay shall mean that the notification shall be provided within seven days of the detection of a defect whereby in order to satisfy this deadline the sending of the notice within this period shall suffice. Irrespective of this obligation to inspect and provide notice of any defect, the Customer must report obvious defects (including incorrect and short delivery) within seven days of delivery in written form, whereby in such case the timely dispatch of the report shall also be sufficient to meet the deadline. If the Customer fails to properly inspect the goods and/or to notify us of any defects, our liability for the defect not notified shall be excluded. This shall not apply if we have fraudulently concealed the defect.
Merchant is every entrepreneur who is registered in the Commercial Register or who carries on a commercial business and requires a commercially organised business operation.
- The Customer may claim damages only as follows:
- For damages based on
• an intentional or grossly negligent breach of duty on our part, or
• an intentional or grossly negligent breach of duty by one of our legal representatives, executives or vicarious agents which are not essential contractual obligations (cardinal obligations) and are not main or ancillary obligations in connection with defects of our goods or services.
- For damages which are based on the intentional or negligent breach of essential contractual obligations (cardinal obligations) on our part, on the part of one of our legal representatives, executives or vicarious agents. Essential contractual obligations (cardinal obligations) within the meaning of the above subsections 4.1. and 4.2. are obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies.
- Furthermore, we shall be liable for damages due to negligent or intentional breach of duties in connection with defects in our goods or services (subsequent performance or ancillary duties), and
- for damages which fall within the scope of protection of a guarantee (assurance) expressly given by us or a guarantee of quality or durability.
- In the event of a breach of a substantial contractual obligation involving slight negligence, liability shall be limited in amount to the damage typically to be expected and foreseeable for us at the time of conclusion of the contract if due care is taken.
- Any claim for damages on the part of the Customer in case of a breach of a substantial contractual obligation involving slight negligence shall expire one year from the limitation period starting to run under the statute of limitations. Excluded from this shall be any damage or injury in relation to life, personal injury or injury to health.
- Any rights to claim for damages against us arising from mandatory liability at law, for example under the Product Liability Act, as well as in relation to injury to life, body or health shall remain unaffected by the above provisions of § 8 and shall continue to exist to the statutory extent required within the statutory periods.
- If third parties are commissioned or involved to initiate or process the contractual relationship between the parties, the above-mentioned warranty and liability restrictions also apply to the third party.
- Any rights of a customer under § 445a, § 445b and § 478 of the Civil Code (BGB) where the Customer or its subsequent customers are in a supply chain shall remain unaffected in accordance with the following provisions:
- The Customer shall have the burden of proof to establish that the expenses for subsequent performance were necessary and that it could not have refused subsequent performance to its buyer in accordance with § 439 para. 4 Civil Code (BGB) or could not have performed subsequent performance in a more cost effective manner.
- Any claim under § 445a para. 1 Civil Code (BGB) shall expire under § 445b para. 1 Civil Code (BGB) two years from delivery by us to the Customer. This period shall also apply if a longer period would have applied in accordance with § 438 Civil Code (BGB).
- The limitation period for the Customer‘s claims against us based on a defect in a newly-manufactured item, as defined in §§ 437 and 445a para. 1 Civil Code (BGB), shall commence at the earliest two months after the date on which the Customer has satisfied the claims of its buyer, provided that the claims had not yet expired in the relationship between the Customer and its buyer. This suspension of expiry shall end at the latest five years after the date on which we have delivered the goods to the Customer.
§ 9 Confidentiality
- We and the Customer („the parties“) undertake, during the term of the contract, to keep secret all information which becomes accessible to the parties in connection with the contract and which is designated as confidential or which is recognisable as being a business or trade secret due to other circumstances, and the parties further undertake not to record or pass on any such confidential information toany to third party or exploit such information in any way, unless this is expressly approved in writing beforehand or required to achieve the purpose of the contract. This confidentiality obligation shall remain in force for a further five years after the complete performance or ending of the related order.
- The above shall not apply to any information which,
• was already known to one party before the start of the contract negotiations or which are communicated by third parties as non-confidential, provided that these do not violate confidentiality obligations on their part,
• both of the parties have developed independently of each other,
• is or becomes publicly known through no fault or action of the party concerned, or
• which must be disclosed due to legal obligations or official or court orders.
In the last named case the disclosing party shall notify the other party without undue delay before any disclosure. Further obligations in relation to confidentiality existing at law shall remain unaffected hereby.
- Each party undertakes to protect business or trade secrets of the other party against insights of third parties by measures adequate under the circumstances. The measures shall meet at least the due diligence as well as the level of protection the respective party applies to its own business or trade secrets of the same category.
§ 10 Miscellaneous: Place of Performance, Place of Jurisdiction, Applicable Law, Contract Language, Severability
- 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 does not have a general place of jurisdiction in the Federal Republic of Germany or relocates its place of jurisdiction abroad. Notwithstanding the above, we shall be entitled to commence legal proceedings in relation to the assertion of any claim against the Customer at its general place of jurisdiction. Merchant is every entrepreneur who is registered in the Commercial Register or who carries on a commercial business and requires a commercially organised business operation. The Customer has its general place of jurisdiction abroad if he has his place of business abroad.
- The contract language is German. In case the parties additionally make use of another language, the German wording prevails according to the agreement. These General Conditions for the Provision of Goods and Services are drafted in German and English. In the event of any inconsistency between the German version and the English version, the German Version shall prevail.
- If any provision of these General Conditions for the Provision of Goods and Services or any provision within the framework of other agreements is or becomes invalid, this shall not affect the effectiveness of any other provisions or agreements.
- German law shall apply to the contractual and other legal relationships with our Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
B. Special Conditions for the Delivery of Goods
§ 1 Scope
The following Special Conditions for the Delivery of Goods apply in addition to the General Terms and Conditions under Section A to all contracts with the Customer for the supply of goods.
§ 2 Scope of Performance
We shall be obliged to provide for the transfer of ownership and making available of the respective object to be purchased. Any duty to install or any obligation of
installation or configuration of the object purchased shall not be owed, unless such is expressly agreed upon.
§ 3 Delivery on sample orders
- If the Customer orders a product from us in order to test whether it meets the Customer‘s requirements (ordering a sample product), it is not a purchase on approval (Kauf auf Probe). Rather, the Customer has to pay the agreed purchase price for the product.
- If the Customer continues to order this product from us after purchasing a sample product, the quality and characteristics of the sample product sent shall apply to the purchase of these additional products as agreed.
§ 4 Transfer of Risk
The risk of loss or deterioration of the goods shall pass to the Customer upon the making available of the goods for delivery, even if partial deliveries are to be made. If delivery is delayed for reasons attributable to the Customer, risk shall then pass to the Customer upon notification of readiness for delivery.
§ 5 Release from liability for non-fungible items
If we manufacture non-fungible items on behalf of the Customer, in particular custom-made items or prototypes, these items may only be used for internal research
purposes, but not for commercial purposes, without our express consent. If the Customer makes such use without our express consent and there is consequently a
violation of domestic or foreign or official safety regulations or product liability rules, the Customer must indemnify us from corresponding claims by third parties. In cases of fault-based liability, however, this only applies if the Customer is at fault. If the cause of the damage is within the responsibility of the Customer, he bears the burden of proof.
C. Special Conditions for Work Performance
§ 1 Scope
The following Special Conditions for Work Performance, in particular installation, repair and installation work, shall apply in addition to the General Terms and Conditions under Section A. to all contracts with the Customer for the provision of work performance.
§ 2 Subject Matter
The subject matter of the contract is the provision of work performance.
§ 3 Appointment of project managers
- In separately agreed cases, both we and the Customer are obliged to name a project manager before the work begins. The measures required for the realization of the work are coordinated between the project managers. The responsibility for the realization of the work lies with us. The project managers are to be named in writing to the respective contractual partner within a reasonable period of time after the contract is concluded.
- The project managers will meet regularly at times agreed on for each individual project in order to prepare, make and record upcoming decisions.
§ 4 Changes during the execution of the work / change request management
- The project managers can mutually agree on changes. The agreements shall be recorded and signed by both project managers. Insofar as no agreements on remuneration or other contractual provisions, in particular schedules with regard to the agreed changes, are made, the changes must be carried out within the framework of the contractual provisions agreed up to then.
- If the Parties do not reach an agreement on changes requested by one of the contracting Parties, the following shall apply:
The Customer is entitled to request changes to us until acceptance. The change requests must be made to us in writing. We will review the change request. We will accept changes requested by the Customer, provided that they are not unreasonable for us within the scope of operational capacity. We will notify the Customer in writing within 14 days of receipt of the change request whether
• the change request is accepted and carried out according to the previous provisions of the contract.
• The change request influences contractual regulations, e.g. price, execution deadlines, etc.: In this case, we will inform the Customer of the conditions under which the change can be made. The change is only to be carried out if the Customer accepts the change to the conditions communicated 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 paying for the examination effort. In such a case, we are obliged to inform the Customer in writing of the time required and the costs for the examination. The examination order is only deemed to have been placed when the Customer instructs us in writing to carry out the examination.
• the change request is rejected.
If we do not respond to the change request within 14 days of receipt, the change request is deemed to have been rejected.
- When performing the service, we observe the generally accepted test methods and the applicable legal regulations. If legal or other regulations change after the conclusion of the contract, new regulations are introduced or 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 the Customer has us informed about this in good time, we will consider these requirements as far as possible. Remuneration agreed in service contracts or orders for services will be adjusted at our discretion (§ 315 BGB). In doing so, we take into account in particular 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 upon completion. If such a handover is not possible due to the nature of the work, the Customer shall be notified of the completion. After completion and handover or - if a handing over of the work is not possible because of its nature - after notification of completion, the work shall be accepted by the Customer. 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 a handing over is not possible because of the nature of the work - after completion. The period begins with the notification in writing by us to the Customer that the work has been completed. The work shall be deemed accepted upon expiry of the agreed period for acceptance if the Customer neither declares acceptance in written form nor tells us in written form which defects still need to be remedied. We will point out this legal consequence to the Customer when notifying him of the completion of the work.
Geislingen-Binsdorf, June 2021