Terms of Service
General Terms and Conditions of MBQ GmbH
The following provisions of our General Terms and Conditions of Business are an integral part of our offers and the service contracts concluded with us and shall apply without restriction unless we expressly make a commitment deviating from them in the text of the offer or the text of the order confirmation. We shall only be bound by the general terms and conditions of the client if we expressly agree to them. An express objection to their validity in individual cases is not required. Ancillary agreements must be in writing in order to be effective.
2. Offers and scope of services
Our offers are subject to change to the full extent. The documents belonging to each offer, such as illustrations, drawings, dimensions, are only approximate unless they are expressly designated by us as binding. The information is only a technical representation and only contains a warranted characteristic if and in individual cases if this is expressly confirmed by us. We reserve the ownership and our copyright to the quotation documents, such as cost estimates, drawings and the like. The client may not make them accessible to third parties without our express consent. The parts to be tested by us will not be processed or changed by us. If work or modifications have to be carried out, and if this is exceptionally done by us after consultation with the principal, we shall not be liable for any damage or deterioration of these parts. These additional works will be invoiced separately by us in any case. The scope of our testing services is determined by a written agreement signed by both parties or, in the absence of such, by a written order confirmation from MBQ GmbH. The evaluation of the test results shall be carried out in accordance with the valid regulations or in accordance with its own company standards. Other evaluation criteria are only to be regarded as binding by us if the client informs us of this in writing. Only the facts stated in the written test report shall be considered binding in each case. MBQ GmbH assumes no responsibility for the consequences of measures decided by the client on the basis of the test results.
3. Conclusion of contract
The service contract shall be concluded upon receipt of our written order confirmation by the client. Amendments and supplements require our written confirmation to become effective.
We reserve the right to adjust the billing, expense and travel rates. We reserve the right to adjust the billing, expense and travel cost rates in the event that wages and salaries, social costs or all other working conditions change until completion of the work. All price estimates and cost estimates are net values. The value added tax applicable at the time of performance shall be charged additionally and shown separately. In all other respects, the prices stated in the offer or in the order placement shall apply. Other costs such as documentation and evaluation shall be charged separately. Should the client change agreed test times at short notice, we will invoice the resulting costs. This also applies if we are unable to provide our services at the agreed times at the test location for reasons for which we are not responsible.
5. Services of the principal
The client shall provide the following services in good time and free of charge for the execution of the work, in compliance with all safety regulations:
– Provision of 220 V electrical connections, if required; – Illumination and provision of working platforms and/or scaffolding (in accordance with UVV), if required – Provision of a suitable storage space/room for our vehicles and work equipment in the immediate vicinity of the workplace – Preparation of the testing/inspection points
6. Duration of benefits
Information on the duration of performance was determined on the basis of a normal work process and is therefore only approximate. The start and duration may be postponed due to unforeseen circumstances beyond our control. This also includes measures or orders from governmental/private institutions. In all such cases, we reserve the right to make a contractual adjustment at the next possible date in consultation with the client. In the event of a change to the contract or interruption which is not attributable to any fault on our part, the client shall bear the costs incurred by us, including those incurred in the event of the withdrawal of the personnel provided.
7. Non-solicitation agreement
The client undertakes not to entice away employees of MBQ GmbH in an unlawful manner (§§ 1 UWG, 826 BGB). In the event of violations, MBQ GmbH shall be entitled to claim damages.
If an employment or other contract of employment is concluded between the MBQ employee and the Client or a company affiliated with the Client during the project assignment or up to three months thereafter, the Client shall owe an appropriate commission, due upon conclusion of the contract of employment and payable within 14 days of invoicing. In the event of a takeover during the first 12 months from the start of the assignment, the commission shall amount to 40% of the gross annual salary agreed between the client and the employee taken over. After 12 months of employment, the commission is reduced to 25% and after 24 months to 10%. Agreements deviating from this can be concluded in the individual contracts. The agency commission shall also be due if an employment relationship is established solely on the basis of the presentation of candidates within 12 months of the presentation. The client shall inform MBQ-GmbH immediately of the commencement of employment, stating the gross annual salary and, if necessary, provide evidence of this.
8. Terms of payment
Unless otherwise expressly agreed in writing, payments shall be made no later than 20 days after the invoice date without any deductions. In the event of default in payment, we shall be entitled, without reminder, to charge interest on arrears from the due date at the rate of the credit costs charged by the banks, but at least 4% above the respective discount rate of the Deutsche Bundesbank.
9. Retention of title
The delivered examination documents remain our property until all claims to which we are entitled from the business relationship with the client have been fulfilled. If the client is in default of payment, we shall be entitled to demand the surrender of the examination documents supplied at any time. The customer may only resell the examination documents supplied by us in the ordinary course of business and only if he is not in default of payment to us. He must make the transfer subject to retention of title and is not entitled to make any other dispositions, such as transfer of ownership by way of security and pledging.
10. Liability and warranty
For the execution of our work, we assume the guarantee for a factually and technically flawless processing. The warranty period ends 6 months after completion of the work. We must be notified of any complaints immediately, at the latest within the aforementioned period. In the event of proven fault, we shall be liable for defects in our contractual services up to the amount of the order value by rectifying the defective service at our discretion within a reasonable period of time. Any further liability, irrespective of the legal grounds, is excluded unless we are proven to have acted with intent or gross negligence.
11. Contractual penalty
In the event that the Client does not fulfil its obligations or does not fulfil them in a proper manner, in particular withdraws the order, it shall be obliged to pay the Contractor a contractual penalty in the amount of 75% of the net order value. The assertion of further claims remains unaffected.
12. Compensation for delay
If the client suffers damage as a result of a delay for which we are responsible, he shall be entitled to demand compensation for the delay to the exclusion of any further claims (except those arising from intent or gross negligence). This shall amount to 0.5% for each full week, up to a maximum of 5% of the scope of performance. If performance is delayed due to circumstances for which we are not responsible, the performance period shall be reasonably extended. This shall also apply if such circumstances occur after we have defaulted. The costs incurred by the delay shall be borne by the client.
13. Cancellation of contractual obligations
All cases of force majeure, which include, but are not limited to, fire, flood, inundation, earthquake, explosion, riot, epidemic, revolution, strike, lockout, war, legal restrictions and unavoidable operational disruptions, shall release the contracting parties from the performance of their contractual obligations for the duration of the disruption and to the extent of its effects.
14. Applicable law / place of jurisdiction
German law shall apply to contracts concluded with us (also by foreign clients). The place of jurisdiction is at the registered office of our company. However, we are also entitled to take legal action before the court with jurisdiction at the registered office of the client.
Should individual provisions of the above terms and conditions be invalid, all other provisions of these terms and conditions shall remain valid. The invalid provisions shall be replaced, if possible, by mutually agreeable provisions of the contracting parties which come as close as possible to their economic purpose.