General terms and conditions of business
FemStas CAE Services & Consulting GmbH
Baloher Weg 6
The following terms and conditions apply exclusively to all offers made by us and to all contracts concluded with us for the provision of services and work. The mutual written declarations of both parties are decisive for the scope of services. General terms and conditions of the client shall only apply if the contractor has expressly agreed to them in writing.
We provide calculation services for load cases for finished developments manufactured by the customer. The calculation services are provided in accordance with the customer’s specifications. The specifications are not checked by us.
The customer must provide us in good time and in full with all the documents and information in his possession which we require for the proper performance of our calculation service.
We shall perform the contractual calculation services in accordance with good engineering practice, taking into account all relevant factors influencing safety that have been communicated to us, using state-of-the-art computer programs. This may lead to deviations between the calculation result determined and the actual characteristics of the development under investigation, so that the calculation results must be validated by the customer with regard to the requirements of the development under investigation. We assume no responsibility for the feasibility of the products manufactured on the basis of our calculation performance or for their technical and economic usability.
The calculation result will be made available to the customer in presentation form and, upon request, in electronic form. Detailed documentation requires the explicit request of the customer and must be listed separately in the offer.
Delivery periods shall not commence until all details of execution have been fully clarified. This includes in particular the provision of models, boundary conditions and material data. In addition, the delivery period shall only start after any agreed down payment has been made.
In the event of delays in delivery due to force majeure or due to events for which we are not responsible and which make delivery considerably more difficult or temporarily impossible, such as official orders or strikes, the deadline shall be extended by a reasonable period. If the impediment to performance persists for more than 3 months, both parties to the contract have the right to withdraw from the contract in whole or in part.
If delivery periods are exceeded, the customer must set a reasonable extension. After this period of grace has expired, the customer may withdraw from the contract. For the assertion of damages caused by delay and damages due to non-fulfilment §6 applies accordingly.
The prices can be agreed upon as a binding fixed price or as a target price based on hourly expenditure. In principle, they are valid plus the legal value added tax. Invoicing for orders shall be based on the progress of performance in partial amounts to be agreed separately.
The Contractor shall fulfil its warranty obligation by means of free replacement, repair or, as far as possible, by recreation of the defective work. Claims for redhibitory action or reduction are excluded. For all contractual and legal claims arising from a contract, the contractor is only liable in principle in the case of intent and gross negligence in accordance with §6. Liability for consequential damage is excluded.
In the event of a breach of duty, we shall be liable for damages or reimbursement of expenses – subject to the further contractual and statutory liability requirements – only in the event of intent or gross negligence. This shall not apply if the breach of duty concerns a material contractual obligation (contractual obligation whose breach endangers the achievement of the purpose of the contract and on whose compliance the parties to the contract may regularly rely) or a guarantee or leads to liability for damages resulting from injury to life, body or health or if we are liable under the Product Liability Act.
In the event of gross negligence, liability for disruptions in performance and any additional costs incurred by the client shall be limited to the amount of the order value, but to a maximum of € 25,000. Liability for loss of production, interruption of operations, loss of profit and other consequential damages is excluded.
The above exclusions and limitations of liability shall apply to the same extent in favor of our organs, legal representatives, employees, vicarious agents and other representatives.
The limitation period for all claims for damages and reimbursement of expenses against us, regardless of the legal basis, is 12 months, unless we are liable for intent or gross negligence or for damages resulting from injury to life, body or health or under the Product Liability Act.
The Contractor undertakes to maintain secrecy in all business matters of the Client and to impose a corresponding obligation on its employees. There is a mutual obligation between the contracting parties to keep secret for an unlimited period of time all information which becomes accessible to the other party in connection with this contract and which is designated as confidential or is recognizable as business and trade secrets according to other circumstances and – unless required to achieve the purpose of the contract – to neither record it nor pass it on or exploit it.
The obligation to maintain secrecy does not apply to information that was already known or became known outside the order without breach of a confidentiality obligation.
The place of performance and jurisdiction for this contract is Hanover.
Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.