General Terms and Conditions of LubeControl GmbH
1.1. The General Terms and Conditions of LubeControl GmbH apply only to commercial customers (entrepreneurs within the meaning of § 14 BGB (German Civil Code)).
1.2. For consumers, the statutory conditions according to Art. 246 BGB (German Civil Code), 312a para. 2 of the BGB and the provisions arising therefrom shall apply.
1.3. The following General Terms and Conditions of Business of LubeControl GmbH shall apply to the agreed services incl. consulting services, information, deliveries and the like, as well as for ancillary services rendered or contractually agreed ancillary obligations.
1.4. Any general terms and conditions of other parties shall not become part of the contract even if LubeControl does not expressly object to them again and, in particular, shall not be accepted by implication. Agreements made by telephone or verbally that deviate from foregoing shall only be binding insofar as they are confirmed by LubeControl in writing. All amendments and supplements to the contract, including this written form clause, must be made in writing in order to be effective.
1.5. Should any provision or part of provision of these General Terms and Conditions not be legally effective, this shal not affect the validiy of the remaining provisions.
2. Conclusion of contract
2.1. An valid contract is concluded when we accept your order in text form, by e-mail, fax, post or telephone or by delivering the goods / performing the service.
3.1. Until the final conclusion of the contract, the offers of LubeControl, in particular with regard to execution, prices and delivery periods, are subject to change without notice and are not binding, unless they are expressly designated as “binding”.
4. Scope of services and deadlines
4.1. Only a declaration of agreement signed by both parties shall be authoritative for the scope of a performance. If this is not available, the written order confirmation of LubeControl shall be valid.
4.2. LubeControl is liable for the performance specifications and declarations of its employees and vicarious agents only if these have been expressly designated by LubeControl as binding.
4.3. The contractually agreed performance deadlines are based on estimates. They are only binding if they have been expressly agreed in writing as binding and only start to run once the contractual partner of LubeControl has performed the acts of cooperation to be performed by it in advance (see 5.).
5.1. The contractual partner of LubeControl warrants that all necessary acts of cooperation – also on the part of its vicarious agents – are performed in good time and free of charge for LubeControl.
5.2. The Contracting Partner of LubeControl shall bear any additional expenses incurred due to the fact that work has to be repeated or is delayed as a result of late, incorrect or incomplete information for which it is responsible. Even in the case of a contractually agreed fixed price, LubeControl shall be entitled to charge for such additional expenditure.
6 Warranty and liability
6.1. LubeControl must be notified immediately of any defects in text form.
6.2. LubeControl shall not be liable for damage caused by incorrect information provided by the customer.
6.3. As a warranty, the Contractual Partner may only demand that the defective performance be remedied free of charge. If this fails, the contractual partner may demand rescission of the contract (redhibition) or a reduction of the remuneration (abatement).
6.4. Further claims of the contractual partner, in particular liability for consequential damages, shall be excluded in any case, unless the damage was caused by gross negligence or results directly from the violation of a so-called cardinal obligation according to this contract.
6.5. The limitations of LubeControl’s liability shall apply in the same way for the benefit of its employees and officers.
6.6. LubeControl’s liability for all damages under an order shall be limited to a maximum amount of EUR 250.00. The liability of LubeControl for all damages under an order shall be limited to a maximum amount of EUR 250.00. In addition, vis-à-vis engineers and registered traders, any liability shall be limited in nature and scope to such damages as were foreseeable for them at the time of conclusion of the contract.
7. Terms of payment
7.1. In addition to all prices and charges, the value added tax applicable at the time of invoicing shall be charged.
7.2. All remuneration shall be payable immediately upon maturity. Discounts shall not be granted.
7.3. LubeControl must be notified in text form of any objections to the invoice within a preclusive period of 10 calendar days.
7.4. The validity of prepaid services is limited to 3 years according to § 195 BGB. The validity of prepaid services is limited to 3 years according to § 195 BGB. The date of issue of the sample voucher or the date of the order received shall apply.
7.5. No refunds for services can be granted for services not used.
7.6. Claims of LubeControl may only be set off against claims that have become res judicata or are undisputed.
7.7. If the contractual partner of LubeControl is in default of payment, it shall owe LubeControl default interest in the amount of 5 percentage points above the respective base interest rate, subject to the assertion of further damages, without proof of the amount and occurrence of the damage.
8.1. Each contracting party may only transfer/assign rights and obligations arising from a contract between LubeControl and the other contracting party in whole or in part with the prior written consent of the other contracting party. Such consent may always be refused, nor shall the refusing party be required to state any reasons for such refusal.
9. Retention of title
9.1. Items delivered by LubeControl remain the property of LubeControl in accordance with the following clauses 9.2. to 9.4. Clauses 9.2. to 9.3. expressly differentiate according to whether the contractual partner of LubeControl is a consumer or an entrepreneur.
9.2. If the contractual partner of LubeControl is a consumer, the clause 9.3. shall not apply. An item delivered by LubeControl shall then remain the property of LubeControl until the specific item has been paid for in full to LubeControl.
9.3. If the contractual partner of LubeControl is a company, the preceding clause 9.2. shall not apply. An item delivered by LubeControl shall then remain the property of LubeControl until all claims to which LubeControl is entitled and which are due to this contractual partner from the business relationship with the contractual partner have been paid in full to LubeControl.
9.4. Both vis-à-vis consumers and vis-à-vis companies, until the transfer of ownership to the respective Contracting Partner, the Contracting Partner may use a delivered item in accordance with its concrete functional purpose, but may under no circumstances permanently pass on/transfer the item to one or more third parties, and/or may under no circumstances process the item further and/or have it processed further. The contractual partner shall treat the item with care.
10. Copyrights and Publications
10.1. All copyrights to the test results, assessments and calculations produced by LubeControl shall remain with LubeControl.
10.2. The Contractual Partner may use the test results, assessments and elaborations prepared by LubeControl only for the purpose for which they are intended as agreed.
10.3. The transfer of analysis results and comments to laboratories that perform oil analyses in competition with LubeControl is prohibited. Any transmission of values determined to an external laboratory requires the written consent of LubeControl. Individual laboratory reports may be passed on to third parties as printouts or PDF files without the consent of LubeControl.
11 Place of Jurisdiction, Place of Performance, Applicable Law
11.1. To the extent permitted by law, the parties agree that the place of jurisdiction shall be the registered office of LubeControl GmbH in Freyburg (Unstrut).
11.2. For all rights and obligations arising from the contract, the place of performance for both parties shall be Freyburg (Unstrut), the registered office of LubeControl GmbH.
11.3. The relations between the contracting parties shall be governed exclusively by German law to the exclusion of the provisions of international private law and the law on sales.
12. Cancellation policy
12.1. If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code) and act in the exercise of your commercial or self-employed activity when concluding the contract, the right of withdrawal does not apply.