General Terms and Conditions for the acceptance, implementation and billing of services by the engineering office Müller & Lobisch GmbH version from 01.05.2013

§ 1 Validity of the conditions

1.1 The following conditions apply to all offers and contracts within the framework of current and future business relationships of the building materials testing laboratory, also in connection with future follow-up orders from the client, even if they have not been expressly agreed again. These conditions are deemed to have been accepted at the latest when the service is received.

1.2 For the conclusion of the contract, supplementary or deviating agreements and side agreements as well as contradictory terms and conditions of a customer require the express written confirmation of the building materials testing laboratory in each individual case to be valid.

1.3 The services of the building materials testing laboratory are provided exclusively on the basis of these terms and conditions. We hereby expressly object to confirmation by the customer with reference to his terms and conditions.

§ 2 Conclusion of contract

2.1 The conclusion of a contract between the building materials testing laboratory and the customer takes place when the customer places an order, etc. on the basis of the offer submitted by the building materials testing laboratory. The acceptance of an order by the building materials testing laboratory must be in writing.

2.2 According to the requirements of the individual case, the offer describes the task with regard to the specific application purpose, content and scope of the work, the processing period and the test result.

§ 3 test result

3.1 The test result will be made available to the client after completion of the project in accordance with the offer.

§ 4 Delivery, Dispatch, Provision

4.1 Test objects and/or test materials are to be sent or handed over to the building materials testing laboratory carriage paid, or they are obtained as part of the order by a forwarding agent and/or by the employees of the building materials testing laboratory or their agents.

4.2 In the event that the test objects and/or the test materials provided by the customer are contaminated material (radiating, contaminated, etc.), he must inform the building materials testing laboratory in good time before handover and ensure that that none of the employees of the building material testing laboratory is harmed during the handover of the materials. If the building materials testing laboratory only finds out during the execution of your order that the test objects and/or the test materials are contaminated material, which poses uncontrollable health risks for your employees, the building materials testing laboratory is entitled to terminate the order with immediate effect. The same applies if the building materials testing laboratory accepts contaminated material for testing but, in the course of carrying out its order, determines that the level of pollution exceeds the limit that the building materials testing laboratory can control. Should one of the last two cases occur, the building material testing laboratory is entitled to dispose of the contaminated material immediately at the expense of the client.

4.3 The test material that is not required or not destroyed during the execution of the order shall become the property of the building materials testing laboratory unless the client requests it back within 2 weeks of the announcement of the test result or another agreement is reached. If the customer requests the return of the test material that is not required or not destroyed, any costs incurred for the return (freight costs, etc.) must be borne by him.

4.4 Reference samples are only kept by the building material testing laboratory and for as long as this has been agreed or specified.

4.5 If a third party asserts any rights against the building material testing laboratory with regard to the test material, the customer must indemnify the building material testing laboratory from claims of any kind at his own expense.

4.6 The customer bears the costs for the disposal of the test materials.

§ 5 Operational and/or construction site safety

if employees of the building materials testing laboratory work within the framework of the order placed in the company or on the client’s construction sites, the client undertakes to ensure that the systems and equipment comply with the relevant accident prevention regulations of the professional associations and other occupational safety regulations. If the client does not meet this obligation, the employees of the building materials testing laboratory are entitled to discontinue their work at the expense of the client.

§ 6 Performance Disruptions

6.1 The specified delivery times are subject to correct and timely delivery to ourselves. Disruptions to operations due to labor disputes or other unusual circumstances such as official measures, traffic disruptions, unfavorable weather conditions, etc., regardless of whether they occur at the materials testing institute or its suppliers, release the building materials testing laboratory from the delivery obligation for the duration of their effects and, if they lead to the impossibility of performance, at all .

6.2 Apart from that, performance disruptions entitle the customer to demand damages for non-performance under the liability requirements according to Section 11 instead of withdrawing from the contract. In the event of default, the assertion of these rights presupposes the unsuccessful expiry of a reasonable period of grace set by the building materials testing laboratory.

6.3 As soon as the building materials testing laboratory realizes that the planned processing period is not sufficient, it will inform the client of this and the resulting reasonable extension of the period, explaining the reasons.

§ 7 Objections to test results

7.1 If the customer raises objections to the reported test result within 4 weeks of receipt, the result, the test equipment and, if necessary, the test procedure will be checked by the building material test laboratory. If the test result that was the subject of the complaint is not confirmed, the costs of the repeated test shall be borne by the customer. Otherwise the contested test result will be corrected free of charge.

7.2 The same applies to the results obtained within the framework of other procedures (studies, expert opinions, modeling, test setups, etc.).

§ 8 Retention of title

8.1 The delivered systems remain the property of the building materials testing laboratory (reserved goods) until the remuneration claim has been settled in full, together with all ancillary claims and all other claims to which the building materials testing laboratory is entitled from this contract and from the business relationship with the customer now and in the future, regardless of the legal reason. .

§ 9 Remuneration

9.1 The agreed remuneration does not include statutory sales tax.

9.2 Unless otherwise agreed, the remuneration will be calculated according to the list of services and fees of the building materials testing laboratory applicable at the time the order is placed. If the order is placed by a court or a public prosecutor’s office, the remuneration is calculated in accordance with the statutory regulations.

9.3 Unless otherwise agreed, the invoice amount is due without deduction no later than 14 days after invoicing. Compensation according to the legal regulations. Any bank charges are at the expense of the customer.

9.4 Offsetting against counterclaims by the customer is only permitted if these are undisputed or have been legally established.

9.5 The client’s right to refuse performance and rights of retention are excluded in any case.

9.6 A payment is only deemed to have been made when the building materials testing laboratory can dispose of the amount. In the case of checks, payment is not considered complete until the check is cleared.

9.7 Costs of €5.00 will be charged for each reminder sent after default has occurred. However, the building materials testing laboratory reserves the right to claim higher damages caused by delay. The client reserves the right to prove that the damage caused by the delay was less.

9.8 The building materials testing laboratory is entitled to charge interest of 5% above the current discount rate of the Deutsche Bundesbank plus any commissions and costs from the due date. The interest rate is to be set higher or lower if the building material testing laboratory proves a higher burden or the customer a lower burden.

§ 10 Warranty

10.1 The building materials testing laboratory guarantees the application of scientific care and compliance with the recognized rules of technology, but not the actual achievement of a specific test result.

10.2 For defects, which also include the lack of guaranteed properties, the building material testing laboratory warrants that after paying a reasonable part of the remuneration, taking the defect into account, the defect will be remedied by way of repair. as long as the building materials testing laboratory meets its obligation to rectify defects, the customer cannot demand a reduction in payment or cancellation of the contract, unless the rectification has failed.

§ 11 Liability and Statute of Limitations

11.1 Warranty and damage claims of the customer are based on the statutory provisions, unless otherwise agreed below.

11.2 The customer is obliged to indemnify the building materials testing laboratory from any claims for compensation by third parties in the event of unrestricted further use of test results.

11.3 The customer’s claims arising from the contract for breach of one of the obligations arising from this as well as claims for damages become time-barred after 1 year. The limitation period begins with the sending of the expert opinion, test report, test certificate or other written declarations from the building material testing laboratory about the tests carried out.

Section 12 Termination

13.1 The client and the building materials testing laboratory can only terminate the contract in writing for good cause. A period of notice is not required. An important reason exists in particular if the execution of the order is completely or partially impossible due to force majeure or an unavoidable event.

13.2 If the customer terminates the contract or if the contract is terminated for a reason for which the building materials testing laboratory is not responsible, the building materials testing laboratory will receive the agreed remuneration for the services assigned to it, less the expenses saved. These saved expenses are set at 50% of the remuneration for the services or partial services not yet rendered. However, the client is free to prove that the building material testing laboratory had saved higher expenses.

Section 13 Confidentiality

13.3 The building materials testing laboratory and the client will not make any technical or business information that has been mutually communicated and declared confidential be accessible to third parties during the term of and after the end of the contractual relationship. This does not apply to information that is generally accessible or that the materials testing institute or the customer have waived in writing to treat as confidential.

§ 14 Publication, Advertising

14.1 After prior agreement with the building material testing laboratory, the client is entitled to publish the test results, naming the author. The agreement should be made with consideration for dissertations, diploma theses or applications for industrial property rights, for example, not being adversely affected.

14.2 Publications by the building materials testing laboratory that relate to the intended use and for which the client claims exclusive rights in accordance with section 3.1 will be coordinated with the client.

§ 15 written form

15.1 Changes and additions to a contract require written confirmation to be legally effective. This also applies to agreements on the written form itself.

Section 16 Governing Law

16.1 The legal relationships between the building material testing laboratory and the client are subject to the law of the Federal Republic of Germany.

Section 17 Place of Jurisdiction

17.1 Place of performance and place of jurisdiction for deliveries and payments, actions for documentary evidence and bills of exchange as well as for all other disputes arising between the parties from the contractual relationship is Leipzig, provided that the customer is a registered trader, a legal entity under public law or a special fund under public law.

17.2 If individual provisions of these conditions or individual provisions within the framework of other agreements are or become invalid, this shall not affect the validity of the remaining provisions.