Research and Technology Transfer
General terms and conditions
of the SKZ - KFE g GmbH
As of July 2015
SKZ-KFE gGmbH, in the following referred to as KFE, promotes research and application oriented scientific development, especially in the field of plastics technology. Business activities of KFE also include the promotion of further education and advanced training for professionals and executives working in industry, handcraft, trade and authorities in the field of plastics technology in terms of § 14 BGB as well as the organisation and realisation of seminars and conferences within the scope of vocational training and further education for companies in terms of § 14 BGB.
The headquarters of KFE is located in Würzburg. Furthermore, the company is represented by its branch offices in Halle, Peine, Horb, and Selb.
2. Scope of application
2.1 Our general business terms and conditions apply exclusively; terms or conditions contradicting or deviating from ours will be null and void unless otherwise expressly agreed to in a written agree-ment signed by KFE. Our business terms and conditions also apply when we carry out the order without reservation, even if we are aware that the Customer's conditions contradict or deviate from our business terms and conditions.
2.2 All agreements made between ourselves and the Customer for the purpose of fulfilment of the present contract shall be set forth in writing in this contract.
2.3 Our business terms and conditions shall also apply to all future business transactions with the Customer.
2.4 Our business terms and conditions shall apply only to entrepreneurs as defined in §14BGB (German Civil Code).
3. Registration for further education and advanced training courses
Registration shall take place in writing only. It may be submitted by using the event flyer, the credit card payment form, the booking form on the SKZ website, the pre-printed form on the training course leaflet or formless via email, fax or mail. Registration shall be considered accepted when no rejection is issued on the same day. Additionally you will receive a written confirmation of order.
4.1 Statutory value-added tax (VAT) is not included in our prices; where required by the type of service provided, it is indicated separately on the invoice at the applicable rate.
4.2 Further education and advanced training courses
4.2.1 Participation fees for further education and advanced training courses are indicated in the respective printed information material (brochures, flyer) as well as in the event database on our website.
4.2.2 Participation fees are due without deduction within 14 days upon billing date. Payments shall be transferred to the account indicated on the invoice or by advanced payment with a credit card. Invoice and customer number shall be quoted by each bank transfer.
4.3 Research and development contracts / services
4.3.1 In the event that our prime costs, particularly for wages, required goods or energy, increase in the time between the conclusion of this contract and its complete fulfilment, we are entitled to adjust our prices accordingly.
4.3.2 The Customer shall receive timely written notice of any increases in costs or substantial changes to the size of the order which may become necessary.
4.3.3 The costs of materials, as well as transport costs shall be borne by the Customer.
4.3.4 The costs of disposing of used materials in an environmentally friendly manner shall be borne by the Customer.
4.3.5 Provided that no other term of payment is indicated in the order confirmation, payment shall be due within 14 days from the date of the invoice, to be paid by transfer to account no 4330 86 00 with Sparkasse Mainfranken Würzburg (sort code 790 500 00), IBAN: DE117905 0000 0043 3086 00, BIC/SWIFT code: BY LA DE M1 SWU.
4.3.6 The Customer shall only be entitled to offset rights if his counterclaims are recognised by declaratory judgment, signed, or recognised by us. Furthermore, he is entitled to exercise a right of retention insofar as his counterclaim is based upon a contractual relationship of the same type.
4.3.7 Depending on the work performance progress, partial invoices may be made. We reserve the right to charge up to 100 % of the total order value prior to start of work.
4.3.8 Unless otherwise agreed, the costs of interim reports are not included in the quoted prices.
5.1 Further education and advanced training courses
5.1.1 In case of cancellation / withdrawal up to one week before the event KFE reserves the right to retain 10 % of the participation fee as processing fee. For later cancellations the full participation fee including VAT will be due. In case of incapability alternative attendee may be appointed.
5.1.2 KFE reserves the right to cancel the event due to lack of attendance. Pre-paid participation fees will be refunded. Any further claims shall be excluded.
5.2 Research and development contracts / services
5.2.1 The cancellation of orders by the customer is only possible free of charge within a period of one week after the order has been placed and must be in writing. In case of cancelling the order after the deadline stipulated above, cancellation fees are due in the amount of 10 % of the net order value plus sales tax.
5.2.2 If the customer wishes to cancel the placed and confirmed order after testing has begun, the costs incurred up to this time plus a service fee can be charged. The amount of the service fee is 10 % of the net order value plus sales tax
6.Utilisation and exploitation rights of use of training and seminar documents
All utilisation and exploitation rights to participant documentations, other training course documentations and training course materials remain solely the property of KFE. The participants are not entitled to copy any training course materials all or part, or distribute without prior written approval by KFE. Training proceedings are for the personal use of the participant only.
7.1 The employees of KFE are obligated to keep in confidence all business significant operational matters of which they become aware in the course of cooperation.
7.2 We will disclose information relative to on-going or completed work to third parties only with the Customer’s explicit prior written permission.
7.3 In the event that there is a bottleneck in capacity or that required equipment is temporarily out of order, we have the right to subcontract testing laboratories known to us to meet the same quality system requirements. Confidentiality continues to be ensured thereby.
Any publication of abridged research reports or extracts from these shall only be permitted subject to our prior written approval. The same shall apply to the use of reports for promotional purposes.
9. Binding delivery deadlines/Acts of God
9.1 Binding delivery deadlines shall require explicit agreements as to the date.
9.2 Unpredictable acts of God and other unpredictable extraordinary events, including shortages of materials, energy, manpower and transport capacity, production disruptions, labour disputes, exceeding of delivery deadlines by pre-suppliers, traffic disruptions and official regulations, which prevent us from fulfilling our service obligations, shall release us from our service obligation for the duration of their effects or completely in the event of fulfilment being impossible. The Customer shall be informed of the occurrence of such an event as soon as possible. In the first case, the deadline shall be extended by the duration of the hindrance.
10. Default/Compensation of Research and development contracts / services
10.1 Should we default on a service, the Customer shall only be entitled to withdraw from the contract or to claim compensation for non-fulfilment if he has previously set us an adequate period of grace in writing and has simultaneously threatened to withdraw or to claim compensation on the grounds of non-fulfilment.
10.2 Compensation claims for default or non-fulfilment of the contract shall be excluded in the event of common negligence.
Should the Customer raise objections to the research report within 14 days, the result shall be reviewed by us. Should the review confirm the result queried, the cost of this review shall be borne by the Customer.
12.1 We shall be liable in compliance with the legal provisions insofar as we are guilty of breaching a substantial contractual obligation; however, even in this event, liability for damages shall be limited to predictable, typically occurring damage.
12.2 Liability in each case shall be limited to the amount of the order. The maximum amount guaranteed, in accordance with the limit of liability of our third party insurance, amounts at present to € 5,000,000.00 per damage event.
12.3 Liability for culpable injury to life, limb or health shall remain unaffected.
12.4 Unless otherwise settled hereinbefore, liability shall be excluded.
12.5 We exclude liability for consequential damages.
13. Legal provisions
The legal relationship of the contracting parties shall be governed by German law.
14. Place of jurisdiction:
The place of jurisdiction is Würzburg, Germany. We are, however, also entitled to file an action against the Customer at his domicile.
15. Final clause
Any loss of validity of an individual provision of our business terms and conditions shall not affect the validity of the present contract or any of the remaining provisions.
As of July 2015