§ 1. General
All business relationships with our customers are based on the following general terms and conditions. These are recognized by placing an order and also apply to future business relationships.
Deviations from these general terms and conditions and external conditions are already contradicted. They only apply after written confirmation by the contractor and, in case of doubt, only apply to individual cases.
§ 2 Side agreements, supplements
Subsidiary agreements and additions to the contract require the written confirmation of the contractor.
§ 3 Personal data
The client agrees to the storage of his personal data within the framework of the legal regulations.The (test) results obtained, protocols and expert reports as well as other written statements may be used by the contractor.
The contractor is obliged to maintain secrecy towards third parties.
§ 4 Remuneration
The amount of the remuneration is based on the agreements made between the parties. If no agreements have been made, the contractor is entitled to reasonable and customary remuneration. The remuneration is due immediately.
In case of doubt, invoicing is done in writing.Contrary to sentence 2, the due date of the remuneration can be determined by specifying a corresponding date on the invoice.
§ 5 Advance
The contractor is entitled to demand an advance for costs that have already arisen and those that are likely to arise. If the client does not pay the required advance payment after the due date, the contractor is entitled to terminate the contract.
§ 6 Cancellation
The client has the option to cancel the order. The contractor is in any case entitled to request reimbursement of the expenses incurred by the client. For the cancellation, a flat-rate processing fee of 10% of the remuneration must be paid by the client.
If the client cancels 5 days before the agreed date, he has to pay 20% of the remuneration.
If the client cancels 4 days before the agreed date, he has to pay 40% of the remuneration.
If the client cancels 3 days before the agreed date, he has to pay 60% of the remuneration.
If the client cancels 2 days before the agreed date, he has to pay 80% of the remuneration.
If the client cancels 1 day before the agreed date or does not take the agreed date, the full remuneration must be paid by him.
§ 7 Obligations of the client
The client is obliged to cooperate insofar as this is necessary to fulfill the order.
The client must refrain from doing anything that could affect the orderly processing of the order.
§ 8 Liability
If the contractor is liable in accordance with the statutory provisions in accordance with these conditions for damage that was caused by slight negligence, the contractor is only liable as follows:
Liability only exists in the event of a breach of essential contractual obligations and is limited to the typical damage that was foreseeable when the contract was concluded. This limitation also applies to injuries to life, body and health.
Insofar as the damage is covered by insurance taken out by the client for the relevant claim, the contractor is only liable for any associated disadvantages of the client, otherwise basically subsidiary. In the event of slight negligence, we are not liable for the loss of money, securities and other valuables that are not expressly put into safe custody, as well as for the damage caused by a defect in the object of the order. Regardless of the fault of the contractor, any liability of the contractor in the event of fraudulent concealment of the defect, assumption of a guarantee or a procurement risk remains unaffected. The personal liability of the legal representatives, vicarious agents and employees of the contractor for damage caused by them through slight negligence is excluded.
§ 9 Transfer of risk
The risk of accidental loss and accidental deterioration of the goods is transferred to the carrier when the goods are handed over to the carrier, but at the latest when they leave the contractor's business premises, regardless of where the shipment is made and who bears the freight costs.
§ 10 Exchange and return
All goods delivered by the contractor are excluded from exchange and return, unless otherwise agreed in writing for the individual case. In any case, returns are only accepted free of charge and are credited at the daily return price
§ 11 Retention of title
The goods remain the property of the contractor until all future or conditional claims against the client have been fulfilled. For items that have already been handed over or delivered, the contractor retains ownership of them until the payment is uncontested.
§ 12 Place of performance
The place of performance for all claims from this contract, including check and bill payables, is Eindhoven.
§ 13 Place of jurisdiction
The exclusive place of jurisdiction for all current and future claims from the business relationship including check and bill claims is Eindhoven.
The same place of jurisdiction applies if the client does not have a general place of jurisdiction in Germany, relocates his domicile or usual place of residence after the conclusion of the contract, or his domicile or usual place of residence is not known at the time the action is brought.
§ 14 Severabilty clause
If these general terms and conditions have not become part of the contract or are ineffective, the contract remains effective. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions, in particular those of the Civil Code.
Special conditions for rental:
In addition to the previous general terms and conditions, the following special conditions apply to the rental of things:
§ 15 Damage to the rented property, liability of the lessee
The tenant has to treat the rented items carefully and with care. The tenant bears the costs for the removal of dirt from the rented property. The lessee is liable to the lessor for all damage to the rented items. The lessee is obliged to immediately notify the lessor of any defect in the rental property. The lessee may only carry out necessary repairs to the rental property during the rental period after prior agreement and approval by the lessor. The lessee is obliged to return the rented equipment in the condition in which it was handed over. He is prohibited from making any changes to the rental property. If the tenant makes changes to this agreement, he bears all costs that are necessary to restore the original condition. If the tenant has stolen, seized or otherwise lost the rented property, he is obliged to notify the landlord immediately.
§ 16 Rental period, return, transfer of the rented property to third parties
The rental property is to be returned to the landlord free of charge and in full at the end of the contractually agreed rental period. The lessee is not entitled to hand over the rented property to third parties unless the lessor has given written consent for the individual case. The tenant is liable for all damages resulting from the transfer to unauthorized third parties.
Sources for the images used:
www.fotolia.de, www.suunto.com, redeye.com, burst / shopify