2. These General Terms and 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 Terms and 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. 3. If, in individual cases, contractual relationships are established with persons or companies who are not intended 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 in the establishment of the obligation towards third parties. This is above all the case if the third parties have become or already had knowledge of these General Terms and Conditions of Delivery and Performance when establishing the obligation. 4. 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 Terms and Conditions for the Provision of Goods and Services.
2. The project managers shall meet regularly, at periods agreed for each individual project, in order to prepare, make and record pending decisions.
2. If the parties do not agree on amendments requested by either party, the following shall apply: The customer is entitled to request changes from us until acceptance. Requests for changes must be made to us in text form or in writing. We then will review the change request. We will accept changes requested by the customer, as long as they are, within the scope of operational efficiency, not unreasonable for us. We will inform the customer within 14 days after receipt of the change request in text or written form whether
If we do not respond to the request for change within 14 days of receipt, the request for change shall be deemed rejected.
3. We observe the recognised test methods and the applicable statutory regulations in the performance of our services. If legal or other regulations change after conclusion of the contract, new regulations are introduced or result for us, for example from subsequently submitted, changed or new manufacturer documentation, factory standards or risk assessments, new or changed requirements that affect the contractual performance, and if the customer has informed us of this in good time, we will take these requirements into account if possible. Remuneration agreed in service contracts or orders for services shall be adjusted at our reasonable discretion (§ 315 BGB). In particular, we took into account expenses for changes in requirements for testing, personnel and/or new or used tools.
2. Any claim of the Customer for subsequent performance due to defects in our work performance shall be allowed to the extent permitted by law subject to the following provisions:
2.1. The Customer shall provide us with reasonable opportunity and time for any subsequent performance and in particular shall provide us with the work claimed to be defective for testing purposes.
2.2. If the delivered work 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.
2.3. 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.
2.4. We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, provided that the alleged defect actually exists.
2.4.1. The Customer shall bear any costs of subsequent performance arising from the fact that the work has been taken to a place other than the Customer's place of business after delivery.
2.4.2. 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 for any resulting costs.
3. The Customer may claim damages only as follows:
3.1. 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.
3.2. 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, executive employees or vicarious agents. Essential contractual obligations (cardinal obligations) within the meaning of the above subsections 3.1 and 3.2 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.
3.3. Furthermore, we shall be liable for damages due to negligent or intentional breach of duties in connection with defects or work performance (subsequent performance or ancillary duties), and
3.4. for damages which fall within the scope of protection of a guarantee (assurance) expressly given by us or a guarantee of quality or durability.
4. In the event of a breach of an essential 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.
5. Any claim for damages on the part of the Customer in case of a breach of an essential contractual obligation involving slight negligence shall expire one year from the limitation period starting to run under the of the statute of limitations. Excluded from this shall be any damage or injury in relation to life, personal injury or injury to health.
6. 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 and shall continue to exist to the statutory extent required within the statutory periods.