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§ 1 Scope of application

The legal relationships between C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH (service provider, supplier, contractor) and the customers (AG) are governed by the following contractual terms and conditions. Any terms and conditions of business of the customer that deviate from these shall only become part of the contract if C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH expressly accepts them in writing.

§ Section 2 Order

Acceptance of the order and any agreements, assurances or collateral agreements made verbally, by telephone or by employees in the course of contract negotiations must be confirmed in writing by C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH in order to be valid. The subject matter of the order shall be calibrations, repairs, measurements, advice and planning and deliveries in accordance with the current state of the art.

§ 3 Execution of the order and the customer’s obligation to cooperate

C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH will execute the order impartially and to the best of its knowledge and belief. The place of performance for agreed calibration services is the registered office of C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH, unless the work is carried out at a location specified by the orderer and prepared for the smooth execution of the work. If unforeseen time-consuming or costly investigations become necessary, the prior consent of the CL must be obtained. If a time limit has been agreed upon for the order, this shall not be deemed to be an agreement of a fixed transaction in case of doubt. All verbal statements associated with the order must be in written form in order to be legally effective. a the type, scope and duration of the calibration depends on various parameters over which the contractor has no influence (e.g. type, technical condition of the measuring and testing equipment, necessary repairs, completeness of the necessary documents, etc.) binding completion dates cannot be agreed in principle. If lead times are specified in the concrete order, they can serve the client – because they are legally non-binding – at best as an aid in planning the use of the equipment. If the proper execution of an order requires the cooperation of the client, he must provide this in good time and at his own expense. The client will only be reimbursed for expenses if this has been expressly agreed in writing. If the customer fails to perform his obligations to cooperate, fails to do so in good time or fails to do so properly, C-TEC Systemtechnik GmbH shall be entitled to invoice him for the additional expenditure incurred. We reserve the right to assert further statutory claims.

§ 4 Obligations of the customer

The customer may not issue instructions to C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH that could falsify its actual findings or the results of a test or calibration. The CL must ensure that C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH is provided with all the information and documents necessary for the execution of the order free of charge and in good time.

A conformity assessment is carried out on the basis of §5 of the cases shown in Figure 1, unless there are other rules or customer specifications in a specific case.

§ 5 Decision rule:

If C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH does not have a written specification from the customer as to how the measurement uncertainty is to be taken into account, DAkkS calibrations will in future be assessed according to the level of confidence with a statement of conformity ≥ 95%!

§ 6 Obligation of secrecy

C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH is prohibited from unauthorised disclosure, transfer or exploitation of facts and documents that have been entrusted to it in the course of its activities or have otherwise become known to it. The obligation to maintain secrecy covers all facts that are not obvious and applies beyond the duration of the contractual relationship. C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH is authorised to disclose, pass on or make its own use of the knowledge gained in the course of its activities if it is obliged to do so by law or if the CL releases it from its duty of confidentiality expressly and in writing. In all other respects, C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH and its employees are bound by

In agreement with the client, the client is authorized to use, publish and subject to independent scientific evaluation the results of investigations within the scope of activities performed for scientific purposes, while observing data protection. During his presence in the laboratory, the customer is not allowed to visit other customers or their test setups. Photography is only permitted upon request and only of the customer’s own test set-up. Furthermore, photography outside the C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH building is not permitted in the rest of the security area.

§ 7 Copyright protection

The publication, in particular of test reports and calibration certificates or documents on a consulting level, their use, reproduction and distribution is only permitted within the scope of the contractually agreed purpose of use, with the mention of C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH by name. Modification or editing is not permitted.

§ Article 8 Remuneration

C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH is entitled to payment of a fee. All prices are subject to the applicable value added tax. Repeated tests due to fault clearance, hardening or at the special request of the customer will be charged additionally at the hourly rates currently in force.

§ 9 Payment

and default of payment The agreed remuneration shall become due upon receipt of the service (invoice, test report, calibration certificate, planning) by the AG. Partial invoices are permissible. Payment instructions, cheques and bills of exchange shall only be accepted by special agreement and subject to the charging of all inclusion and discount charges and only on account of payment. If the customer is in arrears with payment or an advance payment, C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH may withdraw from the contract after setting a reasonable period of grace, or interest on arrears will be payable at a rate of 2% above the current discount rate of the Deutsche Bundesbank, but at least 6%. C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH reserves the right to assert higher damages caused by delay upon presentation of appropriate evidence. In the event of non-compliance with payment terms, C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH is entitled to demand immediate payment of all remuneration claims. This shall also apply if bills of exchange and cheques are not honoured. The customer may only offset the claims of C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH against the claims of C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH if the customer’s counterclaim is undisputed or a legally binding title exists. The customer can assert a right of retention if it is based on claims arising from the contract concluded. Payments shall be made as follows:

a) For goodwill with an order value of up to Euro 5,000: net cash on delivery and receipt of the invoice

b) For transactions with an order value of more than Euro 5.000,- and a delivery period of up to 3 months: 1/3 of the order value at the conclusion of the contract, the rest at delivery.

c) For transactions with an order value of more than Euro 5,000.00 and a delivery period of more than 3 months: 30% of the order value upon conclusion of the contract; 30% of the order value after expiry of the first third of the agreed delivery period; 30% of the order value after expiry of the second third of the agreed delivery period; 10% of the order value upon delivery.

If the delivery is delayed for reasons for which the customer is responsible, the delivery shall be deemed to have been effected upon notification of readiness for dispatch. All payments shall be made without any deduction immediately after invoicing, free Supplier’s payment office. Payment deadlines shall be deemed to have been met if the Supplier can dispose of the amount within the deadline.

§ 10 Exceeding the deadline

C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH does not guarantee that a specific date will be met. In the event that a deadline for delivery of the service has been agreed, this shall commence upon conclusion of the contract. If C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH requires documents from the customer in order to provide the service, or if payment of an advance has been agreed, the period shall not begin to run until the complete documents or the advance have been received. If an agreed delivery date is exceeded, the CL may only withdraw from the contract or demand compensation for damages if the supplier is in default or if C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH is responsible for the impossibility of performance. In addition to delivery, the CL can only demand compensation for damages caused by delay if he can prove that C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH acted with intent or gross negligence. In order to comply with test periods and to reduce the test time, it is necessary for the customer to provide support in test set-up, functional checks and functional assessment.

§ 11 Retention of title

Goods and other services rendered shall remain the property of the Supplier until all claims to which the Supplier is entitled against the Buyer (reserved goods) have been satisfied, even if the individual goods or other partial services have been paid for. Pledging or transfer of ownership by way of security of the reserved goods is not permitted.

§ 12 Termination

C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH and the AG may terminate the contract at any time for good cause. Notice of termination must be given in writing. Termination is excluded without good cause. If the contract is terminated for an important reason for which C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH is responsible, it is only entitled to remuneration for the partial service provided up to the time of termination to the extent that this can be objectively used by the customer. In all other cases C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH retains the right to claim full compensation for expenses incurred. Unless the CL can prove a higher proportion of saved expenses in individual cases, this will be agreed at 40% of the remuneration for the services not yet provided by C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH.

§ Section 13 Warranty

The customer can initially only demand free rectification of defects as warranty. This requires a grace period of reasonable duration. A period of 14 days shall be deemed reasonable.  If the defect is not remedied within a reasonable period of time or if the remedy fails, the Customer may demand rescission of the contract (redhibition) or reduction of the remuneration (reduction). Obvious defects must be reported in writing to C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH immediately after they have been detected by the customer; otherwise the warranty claim will expire. In the absence of warranted characteristics, any claim for compensation shall remain unaffected.

§ 14 Risk assumption

The customer bears the risk for all deliveries, including any returns, even if carriage paid, FOB or CIF delivery (Incoterms 2000) has been agreed. The risk is transferred to the ordering party as soon as the shipment leaves the warehouse of C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH or a third-party warehouse maintained by C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH. If shipment is delayed at the request of the customer or due to circumstances for which the customer is responsible, the risk is transferred to the customer from the day of notification of readiness for shipment for the duration of the delay. As a matter of principle, the client is responsible for the provision, suitable packaging and transport of the equipment to the place of performance in accordance with as well as the return transport after the agreed work has been carried out; unless the contractor assumes these tasks against separate remuneration. Therefore, please make sure that the packaging / outer packaging is stable and suitable for the equipment. As a rule, this will also be used by C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH for the return shipment. We cannot be held liable for any resulting damage. Each shipment is insured with 500,- € as standard. At the request of the customer, we take out, at his expense, a transport insurance beyond this.

§ 15 Liability and Limitation Period

C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH excludes liability for itself and its agents – regardless of the legal grounds – for all cases unless damage has been caused intentionally or by gross negligence. This exclusion of liability also applies to damage caused by subsequent improvement. The rights of the AG from warranty according to § 11 are not affected by this. The claims for delay in delivery are conclusively regulated in § 9. All claims which are not subject to the short limitation period of § 638 BGB (German Civil Code) shall become statute-barred after three years.

a) The liability for personal injury shall be governed by the statutory provisions.

b) The liability for property damage is limited to EURO 50,000 per damaging event and to EURO 100,000 in total.

c) Liability for financial losses is excluded. It is incumbent on the client to check whether the above-mentioned conditions are acceptable to him or whether they correspond to the value of the test item. If necessary, the client must take out additional insurance for the contractor. If the value of the test specimen is higher than EURO 50.000,- the contractor has to be informed in any case. Modifications (e.g. interference suppression) on test items are exclusively at the risk of the customer. The customer shall be liable for any damage caused to C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH by the test item; this shall apply in particular in the event of water ingress.

§ 16 Place of performance and place of jurisdiction

The place of performance is the headquarters of C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH. Exclusive place of jurisdiction is Dortmund. If the Customer has not established a general place of jurisdiction in Germany or has relocated his domicile or usual place of residence outside Germany after conclusion of the contract, or if his domicile or usual place of residence cannot be determined at the time of filing a suit, the place of jurisdiction shall also be the headquarters of C-TEC Systemtechnik und Serviceleistung für die Werkstoffprüfung GmbH. If individual provisions of these terms and conditions of business are not valid in accordance with the applicable statutory regulations, the validity of the remaining contractual agreements shall not be affected.

Dortmund 30.01.2020