General Terms and Conditions
1. Scope of application
1.1 The following General Terms and Conditions shall apply to all legal transactions between the company company “Airport and ATC Systems GmbH” – hereinafter referred to as “Service Provider” – with its contractual partner – hereinafter referred to as the “client”.
1.2 Any amendments to these terms and conditions made by the Service Provider shall be communicated notified to the client in writing. They shall be deemed to have been approved if the client does not object in writing. The client must raise the objection within 2 weeks after notification of the changes to the service provider.
2 Subject matter of the contract
2.1 The contracting parties agree to cooperate in accordance with the specific, individual contractual agreement. An employment contract is not intended by the parties and is not and is not established.
2.2 The Service Provider shall be responsible for social security contributions or tax matters and shall indemnify the and exempts the client from any obligations.
2.3 The service provider is free to work for other clients as well.
3 Conclusion of the contract
3.1 A contract with the service provider comes through the transmission of the signed order or order or order offer by mail, fax or e-mail.
3.2 The subject matter of the contract or the exact task description is described in the service contract.
4 Duration of the contract and remuneration
4.1 The contract begins and ends on the specific and individually agreed date.
4.2 The contract can be terminated properly. In this regard, a period of notice of 3 weeks to the end of the agreed to the end of the month.
4.3 Termination before the start of the contract is not provided for. It is only possible if the service provider fails to meet its contractually agreed obligations. If the client terminates the contract before the beginning of the contract, contrary to this clause 4.3, the service provider is the Service Provider shall be adequately compensated for its loss of work.
4.4 The service price is based on the scope of the work activity owed. This finds its legal basis in the provisions of the service contract §§ 611 ff. BGB.
4.5 All payments shall be due 14 days after invoicing without any deductions. In case of payment dates are exceeded, the service provider is entitled to interest on arrears interest on arrears in the amount of 2% – above the reference interest rate of the European Central Bank in accordance with the Discount Rate Transition Act. The right of right to claim further damages shall remain unaffected.
4.6 Cash expenses and special costs incurred by the Service Provider at the express request of the Client shall be charged at cost price.
4.7 All services provided by the service provider shall be subject to the statutory value value added tax at the current rate of 19%.
5 Scope of services
5.1 The services to be rendered by the service provider shall generally comprise the detailed tasks listed tasks, in accordance with the order placed by the client.
5.2 The service provider shall inform the client periodically about the results of its activities.
5.3 If the service provider is actually unable to perform the contractually owed task, it shall inform the client immediately. Contractually owed, the service provider shall inform the client thereof without delay.
5.4 The service provider shall provide the equipment and personnel required to perform the service, unless the client has the necessary for the performance of the service, unless the client has the appropriate equipment or available.
The parties shall endeavor, to the best of their knowledge and belief, to assist the contractual partner in the the performance of the respective obligation by providing information, information or experience in order to ensure a smooth and efficient workflow for both parties. both parties.
6. Duty of confidentiality
The service provider undertakes, during the term of the employment relationship and also after its and after the termination of the service contract, to keep all business and trade secrets of the business secrets of the client.
7 Liability
7.1 The service provider is liable in cases of intent or gross negligence in accordance with the statutory provisions. statutory provisions. The liability for warranties is strict. For slight negligence, the service provider is liable exclusively according to the provisions of the Product Liability Act, for injury to life, limb or health, or for the violation of essential health or due to the violation of essential contractual obligations. The claim for damages for the slightly negligent breach of material contractual obligations is limited to the contract-typical, foreseeable damage, as far as not due to the liability for injury to life, limb or health. For the agents and representatives, the service provider shall be liable to the same extent.
7.2 The provisions of the preceding paragraph (8.1) shall apply to damages in addition to performance, damages in lieu of performance and claims for performance, damages in lieu of performance and the claim for compensation for expenses incurred in vain, irrespective of the legal grounds, including liability for defects due to defects, delay or impossibility.
8. Place of jurisdiction
8.1 The business relationship between the parties shall be governed exclusively by German law.
8.2 The agreement on the place of jurisdiction shall apply equally to domestic and foreign customers.
8.3 The place of performance and jurisdiction for all services and disputes shall be: exclusively the registered office of the service provider
9 Other provisions
The service provider is not entitled to assign its claims under the contract.
10. Severability clause
Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not of the remaining provisions shall not be affected. This shall also apply if within part of a provision is invalid, but another part is valid. The respective ineffective provision shall be replaced by the parties by a provision that best reflects the the economic interests of the parties to the contract and which does not conflict with the other and which does not run counter to the other contractual agreements.