Terms and Conditions (GTC)
General terms and conditions of business
As of: October 1, 2017
§1 Scope
Xray-Lab Industrial Services Industrial Services GmbH Co. KG, abbreviated as XIS, carries out the work assigned to it as a contractor within the meaning of § 631 BGB exclusively on the basis of these general terms and conditions of business and payment. By placing the order with Xray-Lab Industrial Services, the customer expressly accepts these terms and conditions. The terms and conditions apply for the duration of the entire business relationship, even if they are not expressly agreed again. Differing conditions must be expressly agreed in writing. Without such an express agreement, conditions contrary to these general terms and conditions of business and payment will not be recognized by us. Any invalidity of individual provisions of these terms and conditions of business and payment does not affect the validity and effectiveness of the rest of the conditions. If individual conditions are unavoidable, the contractual partners are obliged to proceed in accordance with what is actually intended.
§2 Conclusion of the contract, remuneration
Offers from Xray-Lab Industrial Services are subject to change and non-binding. After the order has been placed, the contract for work is only concluded through express confirmation from Xray-Lab Industrial Services or through execution of the assigned work.
§3 Payment conditions
Xray-Lab Industrial Services charges the customer the remuneration in accordance with the contractual agreement. Waiting times for material to be made available or other delays that are not caused by us must be taken into account. Payments are due within 2 weeks of the invoice being issued without deductions. After this period, Xray-Lab Industrial Services reserves the right to charge default interest. If Xray-Lab Industrial Services is forced to hire a lawyer after the third reminder, the entire legal fees will be charged. Xray-Lab Industrial Services is entitled, despite the customer's provisions to the contrary, to initially offset payments against the customer's older debts and will inform the customer about the type of offsetting that has taken place. If costs and interest have already been incurred, Xray-Lab Industrial Services is entitled to offset the payment first against the costs, then against the interest and finally against the main service. A payment is only considered to have been made when Xray-Lab Industrial Services can dispose of the amount.
§4 Interim invoices
Xray-Lab Industrial Services is entitled to create interim invoices for completed parts and agreed services. Xray-Lab Industrial Services is also entitled to create interim invoices for fixed periods, approximately one week each.
§5 Delay in delivery, liability, warranty
Xray-Lab Industrial Services undertakes to carry out the work assigned to it on time in accordance with the contractual agreement. Delays in delivery or service due to force majeure and events that make delivery significantly more difficult or impossible for the seller, not only temporarily - these include, in particular, strikes, lockouts, official orders and so on, even if they occur at suppliers of Xray-Lab Industrial Services or whose sub-suppliers are involved - Xray-Lab Industrial Services is not responsible even if deadlines and dates have been bindingly agreed. There is no obligation to pay compensation. Any warranty claims of the purchaser must be reported to Xray-Lab Industrial Services immediately upon becoming aware of them. You are initially limited to the right of repair or replacement delivery. If the repair or replacement delivery fails after a reasonable period of time, the purchaser can, at his discretion, request a reduction in the remuneration (reduction) or reversal of the contract (cancellation). Warranty claims against Xray-Lab Industrial Services are only available to the purchaser directly and cannot be assigned. Xray-Lab Industrial Services's liability for damages arising from its contractual work is excluded unless there is gross negligence or even intentional breach of contract. In the event of any liability claims, there is liability insurance in the amount of €5 million per damaging event per year for personal injury and/or property damage. There is insurance cover of €50,000 for customer goods/equipment and machines located on Xray-Lab Industrial Services's premises in the event of fire/water and theft damage.
§6 Occupational safety, occupational safety
The work of the Xray-Lab Industrial Services employee at the client is subject to the public law regulations of occupational safety law applicable to the client's business; The resulting obligations for the employer are the responsibility of the client, without prejudice to the obligations of the contractor. The client ensures that all accident prevention and occupational safety regulations applicable at the employee's place of employment as well as the provisions of the Working Hours Act (ArbZG) are adhered to and that first aid facilities and measures are guaranteed. The client must inform the employee about the workplace-specific dangers that arise during the activities to be carried out and about the measures to avert them before the employment begins. If the employee is exposed to chemical, physical or biological influences while working in the client's company or carries out hazardous activities within the meaning of BGV A 4, the client must carry out an occupational medical check-up before starting this activity. In the event of an accident at work, the client must notify the contractor immediately.
§7 German law; Place of jurisdiction
The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between Xray-Lab Industrial Services and the customer. If the customer is a full merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the Maulbronn District Court or Karlsruhe Regional Court is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this will not affect the effectiveness of all other provisions or agreements.
