Terms and Conditions
Terms and Conditions for Consulting Services
§ 1 Kind and range for the services
(1) Optimized Plastics delivers services for the support of the customer, consultation, analyses as well as adjustments for the individual customer and the like. Kind, place, time and range of the services are certain in the respective contract.
(2) Optimized Plastics provides its services in accordance with this agreement and after the conclusion of the contract current state of technology and through personnel, for the provision of the agreed services qualified.
(3) Optimized Plastics is authorized to perform services also through third.
(4) Contractual work services are not subject to the agreement.
§ 2 Cooperation of the customer
The customer will support Optimized Plastics with the contribution of the services to appropriate extent. It will put in particular the necessary information and documents to it completely and in time at the disposal. Any further involvement services require separate agreement. The proper data security is the responsibility of the customer.
§ 3 Rights embodied in the consulting service results
Optimized Plastics gives the customer the non-exclusive, permanent, irrevocable, non-transferable right, which under the contract provided, embodied service results, unless this is the purpose and use of the treaty. These rights include the agreed interim results, training materials and aids.
§ 4 Payment
The payment of the service is the pay for the cost of contractual performance. Material expenses will be paid for separately. From customer caused waiting times to the Optimized Plastics employees are payed as working hours. Unless otherwise stated, the overall prices and times specified in the offers are non-binding estimates of the expert to calculate the expected cost and time spent.
The compensation for the implementation of training and consulting service days results after the agreed fixed price. One working day consists of 8 hours, including breaks. Additional time and costs are to be paid for separately.
Setoff rights, entitels the customer only if its counter-claims legal force, undisputed or in writing by Optimized Plastics recognized. A lien of the customer is excluded, unless the counterclaim of the customers come from the same contractual relationship and is undisputed, in writing or legally recognized.
§ 5 Qualitative service failure
(1) If the service is not delivered as stipulated or incorrectly and if Optimized Plastics is responsible to this, Optimized Plastics is obligated as stipulated to deliver the service without extra costs for the customer within appropriate period. Prerequisite is a complaint of the customer, the delay has to take place, no later than 2 weeks after.
(2) If Optimized Plastics is not able to deliver the stipulated contributaion of the consulting service, even within from the customer set time limit of an appropriate respite , the customer is entitled to terminate the contract without notice. In this case, Optimized Plastics is eligible to be compensated for the amount of work delivered until the termination of the contract.
§ 6 Payment terms / Default
The prices are net plus the current value added tax. The maturity of payment begins with the invoice date. If the customer is with a payment wholly or partly in default, Optimized Plastics is entitled to bill, from the start of default the legal interest rate of 8% p. a. above the base interest rate. Optimized Plastics continues to withhold their services and will be entitled to execute outstanding services only against advance payments or security services.
§ 7 Exemption of defective titles
(1) Prerequisite for the legal liability is that Optimized Plastics has been notified by the customer in writing within 14 days after the first knowledge of the customer of such claims. Further, the customer has to leave all defense and settlement negotiations to Optimized Plastics. He has to issue Optimized Plastics all necessary appropriations for judicial or extra-judicial measures. He may not accept the third-party claim without the written consent of Optimized Plastics, or influence the defense of claims by Optimized Plastics in a different way by not Optimized Plastics concerted actions.
(2) Against the customer if requirements are made valid because of defective title adhesion, Optimized Plastics my scale change or replace the service for the customer on their own expense.
(3) Further claims of customers because of a violation of property rights of third parties are excluded. This exclusion is not valid if a guarantee or guaranteed feature, fraudulent concealment of a defect in personal injury and intent or gross negligence exists.
§ 8 Liability
Claims for damages of any kind against Optimized Plastics, their legal representatives, employees and their agents, including those due to tort liability, breach of duty and the violation of Section 311 BGB listed contractual obligations, are intentional or grossly negligent conduct.
Optimized Plastics shall be liable for gross negligence of their vicarious agents who are not officers, only in the amount typically predictable damage.
The liability referred to in paragraph 1-2 restrictions do not apply to damage to life, body or health, in violation of the cardinal duties or if the product liability law necessarily stuck.
Optimized Plastics assumes no liability for the success aimed with the contribution of the service.
The damages claims against the other contracting party shall be barred, if not intent stuck because, according to legal regulations, but no later than three years after the breach of duty or tort. For the loss of Data Optimized Plastics is liable only for those expenses, what a properly backup by the customer for the recovery of data would have been necessary.
§ 9 Privacy / Confidentiality
(1) Optimized Plastics collects, processes and uses personal data only so far as they are for the creation, content design, management, compliance and change of the customer justified contractual relationship required. The transfer of data takes place to third parties only to the extent necessary to meet your needs and desires, particularly for the purpose of the initiation and execution is required. Optimized Plastics continues to collect personal data about customers and prospects of new products to inform.
The customer can withdraw its consent to the storage of personal data for the future at any time. Revocation recipient is Optimized Plastics, Olaf Schneider Mozartstr. 3, 65812 Bad Soden a. Ts. - Germany.
(2) Optimized Plastics is entitled to pass the personal data with the implementation of the contractual benefits third mandate pursuant to Section 1, paragraph 2 Contract.
(3) The customer ensures, that all relevant, on the legislation beyond facts, their knowledge for reasons of privacy and confidentiality is necessary, will be announced to Optimized Plastics. The customer is responsible for compliance with laws and regulations on the privacy and IT security. If the implementation of a care service or service under warranty without access to personal data by Optimized Plastics or the respective manufacturer of the software is not possible, the customer is informed that in accordance with the legal requirements to the persons concerned should be noted that, he provides data to Optimized Plastics and / or the manufacturer of the software or parties access to their data.
(4) The customer is aware that he has to catch the consent of the affected persons in an appropriate manner before the implementation of the care order or ensuring the implementation is done. The customer and Optimized Plastics are obliged to keep, all under the contractual relationship obtained confidential information, business and trade secrets confidential, and so far not necessarily for the fulfillment of a contract, not to pass to third parties or otherwise as to exploit contractual purposes.
§ 10 Final Clause
Changes require writing. This also applies to the written form and the termination clause.
Other conditions are excluded, as far as in the present contract nothing else is agreed upon.
If individual contractual provisions are wholly or partially invalid or complemented or become, then the validity of the remaining provisions is not affected. The parties will replace the ineffective or provisions that need to be extended with a new scheme, that comes to the intended economic purpose next. Civil Code Section 139 does not apply.
If the customer is a businessman, a legal entity governed by public law or public service special asset the considered jurisdiction Head of Optimized Plastics is currently Königstein am Taunus agreed. Optimized Plastics is, however, be entitled to sue the customer at his general applicable jurisdiction.
Last update: 20th of January 2010
