General trading conditions
1. These performance conditions apply to each contract or order concluded with ABiTEP GmbH on analytical, development, research and production tasks application. You are already taken into account when negotiating the agreement. Opposing or deviating conditions of the contractor are not part of the contract unless the other party agrees to in specific cases and in written form.
2. If the performance of ABiTEP contains several processing stages, means any services provided as part of stage performance itself, it is passed to the customer and invoiced.
3. Concluded contracts /orders are dealt with using the latest state of science and technology. The ABiTEP ensures the proper implementation and evaluation of acquirements in contract/order investigations and tests; it is not responsible for a specific result.
4. ABiTEP is entitled to include the contribution of the services agreed with client third parties. The Contractor assures the confidentiality of its partners.
5. The ABiTEP is committed to provide achieved results in fulfillment of concluded contracts orders.
6. The ABiTEP spreads no information given from the client about contract and results to others. Partner of the contractor acc. Point 4 are not considered as third parties.
7. The client is not allowed to publish or circulates results from the contract without the agreement of ABiTEP written prior and by named reference to ABiTEP.
8. Exclusive claims of the relating to the work area or object must be announced to ABiTEP before closing of a contract and also with information about the extent and in written form.
9. If the customer specifically requested it in writing before the contract is concluded, the ABiTEP keeps the business relationship with the client secretly, as far as possible.
10. As efficiently statement, the ABiTEP passes a report on the results achieved.
If the contracting authority demands additional report copies or additional interim reports, it has to be expressly declared in the contract and the resulting additional costs have to be borne by the customer.
11. In contract both partners agree to fixed prices.
If, in individual cases, the scope of work required is too difficult to estimate, a cost limit is agreed. Exceeding this limit is only possible with the express consent of the client.
12. In result of its services, the ABiTEP sets an invoice.
If the payment deadline is exceeded, the ABiTEP is entitled to charge default interest at the applicable interest rates for unsecured bank loans to the principal.
13. For contracts / orders that exceed a total output of 40 thousand euros, one third of the financial weight with contract against an invoice is due. The other amounts are due according to the processing status.
Costs which are not handling costs and are not explicitly included in the contract price will be charged extra, e.g. travel expenses. These costs can be substantiated on request.
14. If ABiTEP cannot comply with the contract dates, the ABiTEP informs immediately the customer and offers new dates.
In case that ABiTEP is not responsible for the scheduling delay, the client is not entitled to claim damages or to rescind the contract.
If ABiTEP also fails the deadlines for the changed dates, for reasons that it has to represent , the client may, if he does not agree with a further postponement , withdraw from the contract. A compensation for damages has to be proved concretely by the contracting authority and is limited to the amount of the contract of the performance.
15. Complaints about the ABiTEP handed services have to be made promptly, required evidence shall be filed. The ABiTEP will repair recognized deficiencies within a reasonable time.
Objections after the expiry of 6 months from the time of the work are excluded. Complaints to test reports will only be accepted within a period of 2 months after the creation of the test report and in written form.
16. Claims for compensation will be made by the client only if proven negligence by the ABiTEP or other culpable violations principal duties were injured in the contract.
The ABiTEP is not liable for any damages arising in connection with the utilization of services, unless clause 17, clause 1, is given.
17. Samples given from the client to ABiTEP will be preserved for 2 months and then destroyed. Not storable samples will be destroyed 14 days after the completion of the inspection report. Samples that cause disposal problems will be returned to the client.
The audit reports and expertise shall not be reproduced without permission of the testing laboratory.
18. The treatment of inventions, if necessary, shall be regulated in contract.
19. The services provided by ABiTEP keeps property of the company until full payment of all claims of ABiTEP towards the principal (reserved property).
20. In doubt with the solvency of the client ABiTEP is entitled to demand the return of the reserved goods at any time so far it is necessary to cover the demands of the ABiTEP.
21. In case of cessation of payment or if the principal is applying for costs and bankruptcy proceedings over his property the client is no longer empowered to sell the goods but has to store these marked as reserved goods.
22. If the contract scope is amended or supplemented by request of the client and turned into additional costs for ABiTEP, these have be borne by the customer. This is also true even if the changes for the client could not be foreseen when the contract was concluded.
Changes and additions to the contract must be made in written form and have to be approved by ABiTEP.
23. Place of performance is, unless differently agreed, the headquarter of ABiTEP in Berlin. Payment of the services of ABiTEP by the contracting authority shall be furnished by the credit of the invoiced amount has been made on the account of ABiTEP.
24. Should one or more conditions in the principal contract, including these general performance conditions be or become invalid , the validity of the remaining provisions shall not be affected.