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General Terms and Conditions of Sächsisches Textilforschungsinstitut e.V. (STFI)
The following general terms and conditions apply to the contractual relationship between the client (hereinafter referred to as AG) and Sächsisches Textilforschungsinstitut e.V. (hereinafter referred to as STFI), provided that no deviating written agreements are made in the respective individual order. By accepting the offer from STFI, the customer accepts these conditions. Deviating conditions, in particular general terms and conditions of the AG, only apply if they are expressly recognized in writing by STFI. This also applies if the customer refers to his general terms and conditions in the request for quotation or in the order. If a provision of these General Terms and Conditions should be ineffective, this will not affect the validity of the remaining provisions. The business partners undertake to agree one of the ineffective provisions in terms of meaning and economic importance with another provision that comes as close as possible.
2. Scope of Services and Execution of the Order
The subject, scope and content of the service agreement are specified in an individual order. The following applies to the testing and certification body of the STFI: Agreements, ancillary agreements, promises, and all other agreements and declarations as well as the notification of all results obtained within the scope of the provision of services are only binding if they have been confirmed in writing by the testing and certification body. If there are changes or extensions to the specified scope of the order during the execution of the order, these must also be agreed in writing in advance and if necessary. In this case, the customer has the right to withdraw from the contract if he can no longer be expected to adhere to the contract with regard to the changes or extensions. Services incurred are to be reimbursed by the AG according to the proof of expenditure from STFI. Orders are processed in the order in which they are accepted and services are provided according to available capacity. If dates and deadlines agreed in individual contracts cannot be met, the client will be informed in good time. Exceeding the deadline does not entitle the customer to claim damages caused by delay or other damages, insofar as the exceeding of the deadline is due to slight negligence on the part of STFI. STFI is entitled to subcontract services to third parties. These are obligated to maintain the confidentiality of company and business secrets of the customer.
The guarantee of the STFI only includes the services expressly commissioned in accordance with No. 2. The STFI guarantees the careful and proper fulfillment of the order according to the generally recognised state of the art, but does not assume any liability for research and development work that the intended research and development goal will actually be achieved. The services rendered must be checked immediately by the client. Errors or defects in the service must be reported in writing within 14 days after acceptance of the service, in the case of errors or defects that only become apparent later, within 14 days after the error or defect has been identified, but at the latest before the statutory limitation period for warranty claims has expired, stating the reason. Otherwise, the service is deemed to have been approved, unless there is a defect that was not apparent when the AG checked the service rendered. If the service rendered was defective and a complaint was made in good time, the client can set the contractor a reasonable deadline for rectification. The provisions of the German Civil Code apply to the rectification of defects, with the proviso that conversion or reduction can only be demanded after the attempt by STFI to rectify the defect has failed.
The liability of STFI and its legal representatives for claims arising from breaches of contract or tort is limited to cases of intent and gross negligence. The obligation to pay compensation is limited to the foreseeable damage. Furthermore, liability is limited to compensation for direct damage; Consequential damages will not be compensated. If the STFI negligently violates an essential contractual obligation, the obligation to pay compensation for damage to property or personal injury is limited to the compensation provided by the business liability insurance of the STFI. The STFI is willing to allow the AG to inspect the insurance policy upon request. The client releases the STFI from such claims for compensation that third parties raise from the use of the results. The risk and the costs for freight and transport of test/transport material to and from STFI are borne by the AG, unless otherwise agreed. Destroyed or otherwise worthless test material is at the free disposal of STFI, unless otherwise agreed. Test material that has not been destroyed will be stored by STFI after the test has been completed in accordance with the storage periods that result from the accreditation conditions of the test center. If longer storage is desired, STFI will charge a reasonable storage fee. During storage, the STFI is liable for the care that it uses in its own affairs.
5. Statute of Limitations
The six-month period of § 638 BGB applies to the statute of limitations for claims, regardless of the legal reason.
6. Prices and Terms of Payment
The price agreed in the offer or contract or the price according to the price list of the testing/certification body shall apply for the calculation of the services.
Changes to the agreed schedule of fees will be considered.
a) for private clients: at the end of the 4th month from the placing of the order/conclusion of the contract
b) for merchants, legal entities under public law and special funds under public law: when the change in prices comes into effect
If, according to the above provisions, the prices are increased significantly more than the increase in the general cost of living in the same period, the client has the right to terminate the contract with immediate effect. The services provided up to the time of termination are to be billed according to the old prices. Advances on costs can be requested and/or partial invoices can be issued in accordance with the services already rendered. The fees are due for payment without deductions within 14 days of invoicing, but at the latest by the date printed on the invoice, unless otherwise agreed. Complaints about invoices must be submitted in writing within a cut-off period of 14 days after receipt of the invoice. The withholding of payments or offsetting due to any counterclaims of the client that are not recognized by STFI or that have not been legally established by a court are not permitted. If the payment date is exceeded, STFI e.V. is entitled to demand interest on arrears in the amount that banks with which STFI has a business relationship calculate on average in the default period for current account credit for customers such as STFI, at least however, 4.5% above the respective discount rate of the Deutsche Bundesbank or its possible successor institution.
All documents and information that the contractual partners receive when executing the order must be treated confidentially. The contracting parties are obliged to protect the trade secrets communicated to them in connection with the contract and to only disclose them to third parties to the extent necessary to fulfill the contract. The publication and use of the results in word, writing and image, sound, film and television for the purposes of commercial advertising in competition requires the approval of STFI in each individual case. The abbreviated reproduction of an investigation report from the test center and certificates from the certification body is not permitted. In the event of violations of this, STFI is entitled to claim damages in the amount of 100% of the price agreed in the contract without individual proof. A further claim for compensation remains reserved.
STFI may make copies of written documents that are made available to STFI for inspection and that are important for the execution of the order for its files. The STFI reserves the copyrights to research and development services it has provided
9. Place of Performance/Place of Jurisdiction
Place of performance is the headquarters of the Sächsisches Textilforschungsinstitut e.V., place of jurisdiction is Chemnitz. German law applies.
Status: April 1998, revised August 2022
Terms of Service for events organised by Sächsisches Textilforschungsinstitut e.V. (STFI)
§ 1 General
The following terms and conditions apply to the contracts for events that are concluded between the Sächsisches Textilforschungsinstitut e.V. as the contractor (hereinafter: organiser) and the client (hereinafter: participant), as well as all services provided in this context. They also apply to entrepreneurs for all future business relationships, even if they are not expressly agreed again. Our terms and conditions are exclusively agreed if they are not contradicted immediately. We do not recognise conflicting or deviating conditions of the customer, unless we have expressly agreed to their validity in writing. Deviating terms and conditions of the participant do not become part of the contract even if the organiser does not expressly object or carry out an unconditional implementation. Our terms and conditions apply to consumers as well as to entrepreneurs and legal entities under public law, as well as to special funds under public law (hereinafter referred to as "entrepreneurs"), unless a differentiation is made in the respective clause. Our written contract or our written confirmation is decisive for the content of overriding individual agreements. Verbal promises by our representatives or other auxiliary persons require our written confirmation.
§ 2 Registration
With the online registration, the participant transmits his wish to participate in an event to the organiser. The contract for the participation of the participant in the event comes into effect with the written confirmation of the wish to participate by the organiser. If a participant appears without having submitted a request to participate, or if the request to participate has been submitted but not confirmed in writing by the organiser, the decision as to whether or not to participate is entirely at the discretion of the organiser.
If participation is not possible for the participant, the participant's claims against the organiser, in particular reimbursement of expenses or damages, are excluded in this case.
§ 3 Invoicing and Payment Terms
- The participant will receive an invoice from the organizer about four weeks before the start of the event for the confirmed participation in the event. The invoice can be handed over personally, sent by post or postal service provider or by email. Other payment methods are not possible.
- The invoice amount is to be transferred within 14 days of receipt of the invoice to the account named in the invoice with the appropriate purpose.
- The participant may only offset recognised, undisputed or legally established claims against the claim of the organizer or exercise his right of retention in this regard. A right of retention or a right to set-off also exists if the claim is synallagmatically linked to the claim of the organiser. If the participant is an entrepreneur, he is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 4 Withdrawal
- The participant can withdraw from participation in an event. The withdrawal must be made in writing by post, email or fax. The point in time at which the declaration of withdrawal is received is the point in time at which the organiser can take note of it as early as possible in the ordinary course of business.
- A participant can be represented at the event by another person. However, the existing contractual relationship between organizer and participant remains unaffected.
- If the participant declares his withdrawal, the following cancellation costs will be charged to the participant: Withdrawal up to 30 calendar days before the start of the event: no cancellation costs Withdrawal between 29 and 14 calendar days before the start of the event: 50% of the participation fee Withdrawal less than 14 calendar days before the start of the event: 100% of the participation fee.
- If the payment according to § 3 is not made by the due date, the organiser reserves the right to exclude the participant from the event until full payment has been made, without the obligation to pay being canceled as a result. There is no right to a refund of the amount in the event of non-participation in the event. The participant has no right to ordinary termination of the contract.
- The organiser is entitled to cancel events in the premises of STFI up to 14 calendar days before the start of the event, in external premises up to 30 calendar days before the start of the event if the minimum number of participants required for economic implementation has not been reached. In this case, the participant will be reimbursed for the participation fee he has already paid. Further claims of the participant against the organiser, in particular reimbursement of expenses or damages, are excluded in this case. This right also applies at any time before the start of the event if the organiser is unable to carry it out (e.g. officially ordered event bans).
§ 5 Adjustments and Changes
The event agenda is continuously updated. We therefore reserve the right to make necessary adjustments to the content or deviations, provided these do not significantly change the overall character of the conference. Accordingly, we reserve the right to make changes to the programme or to the announced speakers.
§ 6 Compensation
- The organiser's liability for contractual breaches of duty and for tort is limited to intent and gross negligence. This does not apply to injury to life, body and health of the participant, as well as claims for breach of cardinal obligations and compensation for damage caused by delay. The exclusion of liability also applies to at least slightly negligent breaches of duty by our vicarious agents. Insofar as liability is not excluded for slight negligence for damages which are not based on injury to life, limb or health of the participant, such claims shall become statute-barred within one year from the date of the event. Insofar as we have excluded liability for damages or this is limited, this also applies to the personal liability of our employees, representatives and vicarious agents.
- In the event of force majeure or cancellations by the speaker, the organizer reserves the right to commission a substitute speaker or to move the event to another date or location. Claims for compensation by the participant, in particular reimbursement of expenses or damages, do not exist in this regard.
- The organiser is not liable for the correctness or content of the lectures or accompanying documents, provided there is no willful or grossly negligent fault.
§ 7 Photo and Video Recordings/Documents
- Photos and/or film recordings are made at the organiser's events, in which the participant may be shown. These recordings are saved for documentation and advertising purposes and can be published in print media, on the website or in other digital media of the organiser. The participant waives any claims for fees. Before the start of the event, the organiser asks for the consent of the participant to publish recordings.
- If the participant receives documents or other media from the organiser and/or purchases them during the event, these are protected by copyright and may not, not even in part, be reproduced, used commercially and/or made public without the written consent of the organiser will.
§ 8 Data Protection
- The organiser intends to inform the participant about event activities of the STFI several times a year. You can object to this customer information at any time without giving reasons.
- During the event, all participants will receive a list of participants (status: registrations up to 14 days before the start of the event) with details of salutation, title, first and last name, company, place of work and country. Each participant also receives a name tag on which their own salutation, title, first and last name and the company with place of work/country are noted.
§ 9 Miscellaneous
- The law of the Federal Republic of Germany applies exclusively to the contractual relationship and its implementation.
- Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.
- If the participant is an entrepreneur, the place of performance and the exclusive place of jurisdiction for any disputes is the place of business of the organiser.
Chemnitz, 30th of September 2020
Sächsisches Textilforschungsinstitut e.V.