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General Terms and Conditions of isolab® GmbH Laboratory for Stable Isotope Analysis

The following provisions apply to natural or legal persons or legal entities that act in the course of their commercial or independent professional activities when concluding a legal transaction, as well as to legal persons under public law and public-law special assets.

  1. Our services are provided exclusively on the basis of these terms and conditions. We do not recognize conflicting or deviating conditions unless we have expressly agreed to their validity in writing. In particular, our terms and conditions also apply if we unconditionally execute an order despite being aware of conflicting or deviating conditions of the client.
  2. Orders accepted by us, either by written confirmation or by complete performance, are carried out according to the usual and recognized rules of the relevant science, whereby we determine the choice of method and the type of examination at our own discretion. The chosen method is noted in our reports.

  3. In accordance with the provisions of the Federal Data Protection Act, we inform the client that we process their personal data required for the handling of business relationships using electronic data processing and disclose them internally.

  4. We maintain both public liability insurance and professional liability insurance. The insurance sums for public liability insurance amount to €1,000,000 each for personal and property damage. The insurance sum of the pure professional indemnity insurance amounts to €250,000 per damage event, but not exceeding €500,000 for all insurance cases within one insurance year.

    The respective insurance sum represents the maximum amount of performance owed by our insurers in each individual damage event. Multiple consecutive damages arising from the same cause are considered as one damage event.

    We undertake to maintain the mentioned insurances with the specified insurance sums.

    To the extent that our insurers are not obliged to provide benefits, we are liable for ourselves and those persons for whom we are responsible in accordance with statutory provisions:

    1. for damages to life, body, and health resulting from negligent or intentional breach of duty,

    2. for other damages resulting from intentional or grossly negligent breach of duty, but not for slight negligence. Notwithstanding this, we are liable for ourselves and those persons for whom we are responsible for damages typically arising in transactions of the type in question, which are caused by slight negligence, to the extent that the negligence concerns the breach of such contractual obligations the fulfillment of which is of particular importance for achieving the purpose of the contract.

    To the extent that our liability is excluded, this also applies to the personal liability of the persons for whom we are responsible.
  5. We undertake to keep confidential all business and operational secrets entrusted to or known by us in connection with the order.

  6. Without our prior written consent, the client is not entitled to make our reports, among other things, accessible to third parties or to exploit, publish, and reproduce them for competition purposes; in addition, the provisions of the Copyright Act apply for our protection.

  7. Unless otherwise agreed, examination samples become our property upon the assignment of the order; there is no obligation to retain them after the order has been completed.

  8. If the contractual relationship is terminated by the client before the order is completed, without us having given cause for this by an important reason to be represented by us, our claim to remuneration remains unaffected. We are entitled to invoice the services provided on a time and materials basis.

  9. If a remuneration has not been agreed upon, we are entitled to reasonable remuneration, which we determine at our reasonable discretion. Value added tax is additionally invoiced at the statutory rate.

  10. Contractually agreed processing periods only begin to run when we have been provided with all necessary documents, samples, etc., and the client has provided us with all information requested by us.

  11. All claims of the client against us become statute-barred one year after the statutory commencement of the limitation period. This does not apply to claims for damages not covered by the liability limitation according to clause 4, as well as claims for defects in the cases of § 438 para. 1 No. 2 and § 643 a para. 1 No. 2 BGB.

  12. The contractual relationship is subject exclusively to German law.

The place of jurisdiction for all claims arising from the contractual relationship is Ingolstadt. However, we are entitled to assert our claims against a foreign client also at the foreign place of jurisdiction responsible for the client.