Sciospec Scientific Instruments GmbH
Leipziger Str. 43b, 04828 Bennewitz, Germany | Leipzig HRB 26281
(last change: Jun 2019)
a. All services and required resources not contractually regulated to be brought forth by Sciospec that are required for the fulfillment of the services, shall be procured and provided by the Customer in due time and at his cost. This also comprises operational power and water supply including necessary terminals at the point of use, heating and general lighting, assistant workforce like handymen and professionals with the needed tools, all not branch typical labor, necessary goods, materials and regulatory authorizations, licenses and permits. b. The safety of the property and the personnel of Sciospec at the place of the performance of services, provided it is not inside the premises of Sciospec, underlies the responsibility of the Customer. He shall take and provide adequate measures free of charge. This also includes safe, clean and appropriate storage rooms for the materials, goods and tools provided by Sciospec, adequate working and staff rooms, as well as sanitary facilities and protective gear for Sciospec personnel. c. If Sciospec has any objections regarding the quality or suitability of items made available by the Customer for the performance of work or services, and the Customer does not take account of such objections, Sciospec reserves the right to refuse the performance of the work or services and to deny any liability. ii. If the performance of services is delayed by circumstances for which Sciospec is not responsible, the Customer shall bear any costs for waiting and additional travel by the personnel employed by Sciospec that may be required. iii. For services provided at Sciospec premises, the Customer also is responsible for the timely delivery of any materials and goods and necessary documentation (manuals, protocols etc.) that he provides for the particular service, at his cost and at his risk. iv. Cost estimates shall not be binding and shall be made upon separate agreement. v. Sciospec shall only be liable for the proper performance of services. Sciospec shall not be liable for any work performed by the personnel of Sciospec or by any other agents employed if the work is not associated with the performance of the stipulated services, or if the work is performed at the Customer’s request.
a. For (partial) deliveries with performance of services, on the day the Customer puts the consignment into operation. Otherwise, the risk shall pass to the Customer as soon as the consignment has been installed or assembled and it is ready for operation. b. For any period by which the dispatch, delivery, commencement or performance of the stipulated services is delayed at the request of the Customer or for reasons within their responsibility (default of acceptance). Sciospec will, however, be prepared to undertake the required safeguards at the request and cost of the Customer. ii. The risk of accidental loss and accidental deterioration of goods supplied by the Customer shall be borne by the Customer.
a. Any parts or services that show defects with a cause that was present before the transfer of risk shall – at the option of Sciospec – be replaced, reworked or reperformed free of charge (rectification) b. Material defects are to be reported written and detailed immediately to Sciospec by the Customer. c. The Customer shall meet their contractual obligations, in particular the agreed terms of payment. If a complaint in respect of defects is made, the Customer may withhold payment to an amount that is in reasonable proportion to the material defects discovered. The Customer may withhold payment only if the complaint about defects is justified and not contestable. d. Sciospec shall first always be afforded two opportunities for rectification within a reasonable period of time. Should rectification fail, the Customer can withdraw from the contract or reasonably reduce the contract price. e. Claims in respect of defects shall not arise in the case of minor deviations from the agreed condition, irrelevant impairment of usability, wear and tear, nor in the case of any damage arising after the transfer of risk as a result of improper or negligent handling, excessive stress, unsuitable operation, and any external influences not provided for according to the contract, as well as in the case of non-reproducible errors. Any claims in respect of defects shall also be excluded for any modifications or repairs carried out by the Customer or by third parties, and for the resulting consequences. f. The Customer shall only have claims of recourse against Sciospec in accordance with § 478 BGB (recourse of the business Customer) insofar as there are no agreements between the Customer and their purchaser that go beyond the legal claims in respect of defects. Regarding the extent of the Customer's claim of recourse against Sciospec. g. Firm-/Software is considered to be defective only if the Customer can prove that there are reproducible deviations from the specifications. A defect shall not be deemed to exist if it does not manifest itself in the latest version supplied to the Customer, and/or its use by the Customer can reasonably be required. h. Customer claims for damages based on a material defect shall be excluded. However, this shall not apply to cases of fraudulent concealment with regard to the defect, non-compliance with a guaranteed quality, injuries of life, body or health, as well as any intentional or grossly negligent breach of duty on the part of Sciospec, and shall not reverse the burden of proof to the disadvantage of the Customer.