This is a machine translation of the German terms and conditions. In case of any discrepancies, the German version shall prevail.
General Terms and Conditions
1. General
1.1 The following General Terms and Conditions apply to all contracts for services and deliveries of Pein GbR (hereinafter referred to as "Effisolve") with its customers. They also apply to future business relationships, even if they are not expressly agreed upon again.
1.2 Deviating General Terms and Conditions of the customer are not recognized unless Effisolve expressly agrees to their validity in writing.
2. Conclusion of Contract
2.1 Offers from Effisolve are non-binding and without obligation, unless they are expressly marked as binding.
2.2 The contract is only established through Effisolve's written order confirmation or through the execution of the service.
3. Scope of Services
3.1 The type and scope of services to be provided by Effisolve are regulated by the contract, these General Terms and Conditions, and statutory provisions.
3.2 Effisolve is entitled to commission third parties with the provision of parts or the entire range of services, provided that no legitimate interests of the customer prevent this.
3.3 Dates and deadlines are only binding if they have been expressly confirmed in writing by Effisolve as binding.
4. Customer's Obligations to Cooperate
4.1 The customer shall provide Effisolve with all information, data, and documents necessary for the performance of the service completely and in a timely manner.
4.2 The customer shall name a contact person who is responsible for communication with Effisolve during project implementation and who can make binding decisions.
5. Remuneration and Payment Terms
5.1 Remuneration is based on contractual agreements. Unless otherwise agreed, all prices are net prices plus statutory value-added tax.
5.2 Invoices are due for payment without deduction within 14 days of receipt of the invoice.
5.3 In case of payment default by the customer, Effisolve is entitled to charge default interest at a rate of 9 percentage points above the base interest rate. The assertion of higher default damages remains reserved.
6. Warranty
6.1 Effisolve provides the agreed services with due care and according to the current state of technology.
6.2 The customer must report defects in writing without delay. Effisolve will remedy properly reported defects within a reasonable period of time.
6.3 The warranty period is 12 months from acceptance of the service.
7. Liability
7.1 Effisolve has unlimited liability for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by Effisolve or an intentional or negligent breach of duty by a legal representative or vicarious agent of Effisolve.
7.2 In all other respects, Effisolve is only liable for damages based on an intentional or grossly negligent breach of duty by Effisolve or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Effisolve.
7.3 Liability under the Product Liability Act remains unaffected.
8. Confidentiality and Data Protection
8.1 The contracting parties undertake to treat confidentially all information and documents that come to them or become known to them during the execution of the contract from the respective other party.
8.2 Effisolve processes the customer's data in accordance with applicable data protection regulations.
9. Final Provisions
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Lübeck.
9.3 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
Last updated: February 2025