KFE gGmbH

Training and Research

General terms and conditions
of the SKZ - KFE g GmbH

As of May 2019

 

General Information
SKZ-KFE gGmbH (hereinafter referred to as "KFE”) promotes research and practical scientific development, especially in the field of plastics engineering. The range of services offered by KFE also includes the promotion of training in the field of plastics engineering and related areas for specialists and managers from industry, trade, commerce and public authorities, as well as the organisation and execution of specialist seminars and conferences as part of professional training initiatives for entrepreneurs, as defined in Section 14 of the German Civil Code (BGB).

 

1. Scope of Application

1.1. The General Terms and Conditions of KFE and the two accompanying annexes for the fields of research and training shall apply exclusively; KFE shall not recognise any conflicting or deviating terms and conditions of the Client, unless it has explicitly acknowledged their validity in writing. The General Terms and Conditions of KFE shall even apply if it unconditionally executes an order in the knowledge of conflicting or deviating terms and conditions of the Client.

1.2. All agreements struck between KFE and the Client for the execution of a contract / order must be recorded in writing in the respective contract / order.

1.3. The General Terms and Conditions of KFE shall also apply to any future transactions with the Client.

1.4. These General Terms and Conditions shall only apply vis-à-vis entrepreneurs (as defined in Section 14 BGB) and consumers (as defined in Section 13 BGB).

 

2. Pricing

2.1. The statutory rate of value added tax is not included in the prices quoted by KFE; if required for the type of service, this shall be charged at the statutory rate and indicated separately in the invoice.

2.2. Further regulations can be found in the documents “Annex for Research Project Contracts” and “Annex for Training Contracts”, which are attached to these General Terms and Conditions.

 

3. Cancellation

The regulations governing the cancellation of contracts can be found in the documents “Annex for Research Project Contracts” and “Annex for Training Contracts”, which are attached to these General Terms and Conditions.

 

4. Confidentiality / Subcontracting

4.1. The employees of KFE shall be obliged to maintain confidentiality with regard to any important business processes they become aware of throughout the course of the cooperation.

4.2. KFE shall only provide third parties with information on current or completed work with the express written consent of the Client.

4.3. In the event of capacity constraints or temporary device faults, KFE shall be entitled to issue subcontracts to trusted test laboratories that meet the same QM system requirements. Confidentiality shall be safeguarded in such cases.

 

5. Binding Deadlines for the Provision of Services / Force Majeure

5.1. Binding deadlines for the provision of services must be explicitly agreed.

5.2. If KFE is unable to fulfil its obligation to provide a service as a result of unforeseeable force majeure or other unforeseeable and extraordinary incidents, including a shortage of materials, energy, staff or transport capacity, production disruptions, labour disputes, late deliveries from suppliers, traffic disruptions and official orders, it shall be fully released from its obligation to provide the service for as long as the effects of such incidents are felt or the service is rendered impossible. The Client shall be informed as quickly as possible about the occurrence of such incidents. In such cases, the deadline for the provision of the service shall be extended by the duration of the hindrance.

 

6. Liability

6.1. KFE shall be liable in accordance with the statutory provisions if it culpably violates one of its fundamental contractual duties; even in such cases, however, its liability for damages shall be limited to the foreseeable and typical degree of damage.

6.2. Its liability shall be limited to the order value in each case. Its liability shall also be limited to the maximum amount covered by its liability insurance in each case.

6.3. This shall have no bearing on its liability for culpable injury to life, limb or health.

 

7. Legal Provisions

The legal relationship between the contractual partners shall be subject to German law.

 

8. Place of Jurisdiction

The place of jurisdiction shall be Würzburg, but KFE may also take legal action at the Client’s local court.

 

9. Final Clause

If a provision contained in these Terms and Conditions proves to be ineffective, this shall have no bearing on the validity of the contract or any other of its provisions.
 

As of May 2019

 


 

Annex for Training Contracts 

(This annex forms an integral and equally valid part of the General Terms and Conditions of SKZ-KFE gGmbH)

As of May 2019

 

1. Registration for Training Programmes

1.1. The term “programme” is used in these General Terms and Conditions to refer to all events, regardless of whether they may be described as a conference, course, seminar, workshop, technology day, etc.

1.2. Registration is only possible in writing. A contract shall only be concluded once KFE has issued a written confirmation of registration. Registrations shall be processed in the order in which they are received by KFE.

1.3. KFE reserves the right to set a registration deadline for selected events and those subject to room capacity.
The list of participants must be drawn up 14 days before a programme begins.

1.4. KFE may check whether participants meet certain admission requirements before the start of the programme. This particularly applies to DVS and DVGW programmes, where KFE is obliged to do so.

1.5. The venue shall be indicated in the confirmation of registration. KFE reserves the right to make any necessary changes to the venue, speakers and agenda. Participants shall be promptly notified of any such changes.

 

2. Pricing

2.1. The statutory rate of value added tax is not included in the prices quoted by KFE; if required for the type of service, this shall be charged at the statutory rate and indicated separately in the invoice.

2.2. Training Programmes

2.2.1. The price for participation in training programmes can be found in the respective printed information material (brochures, flyers, etc.) and the online programme database.

2.2.2. The participation fee must be paid in full within 14 days of the invoice date. Payments can be made via transfer to the account indicated on the invoice or via credit card at the end of the programme. The invoice number and customer number must be indicated in each transfer.

 

3. Cancellation of Participation in Training Programmes

3.1. If a participant cancels up to two weeks before the start of a programme, KFE reserves the right to retain an administration fee amounting to 10% of the participation fee plus the statutory rate of VAT. In the event of a later cancellation, 80% of the participation fee shall be charged plus the statutory rate of VAT. If a participant is unable to attend, a suitable replacement may be named in writing.

3.2. If an exhibition space or sponsoring placement is cancelled up to eight weeks before the start of a programme, KFE reserves the right to retain an administration fee amounting to 20% of the price (plus the statutory rate of VAT). In the event of a later cancellation, the full price shall be charged plus VAT.

3.3. KFE reserves the right to cancel a programme due to a lack of participants, the absence of one or more speakers, or force majeure. Any participation fees that have already been paid shall be refunded in such cases. Participants shall not be entitled to any further claims.

 

4. Usage and Exploitation Rights for Course and Seminar Documents

KFE holds the exclusive right to use and exploit any documents created for participants, other documents created for seminars and courses, and materials for seminars and courses. Participants must not reproduce or distribute such documents – in part or in whole – without the written permission of KFE. Participants may only store electronic documents for private use.

 

5. Final Clause

If a provision contained in the Terms and Conditions or this Annex to the General Terms and Conditions proves to be ineffective, this shall have no bearing on the validity of the contract or any other provisions.

 

As of May 2019

 


 

Annex for Research Project Contracts 

(This annex forms an integral and equally valid part of the General Terms and Conditions of SKZ-KFE gGmbH)

As of May 2019

 

1. Pricing

1.1. The statutory rate of value added tax is not included in the prices quoted by KFE; if required for the type of service, this shall be charged at the statutory rate and indicated separately in the invoice.

1.2. Research and Development Orders / Services

1.2.1. If there is an increase in prime costs between the conclusion and full execution of a contract – especially with regard to wages, required goods and energy – KFE shall be entitled to adjust its prices accordingly.

1.2.2. The Client shall receive timely written notice of any cost increases or necessary major changes to the scope of an order.

1.2.3. If raw materials and/or products are supplied by the Client or commissioned third parties, the corresponding safety data sheets must be submitted in advance and delivered alongside the goods. If the same materials are supplied in separate deliveries, the corresponding safety data sheet must only be provided once, unless changes have been made to the composition or safety classification of the materials.

1.2.4. Surplus materials and samples shall be returned at the request of the Client. If no information is provided by the Client, surplus materials and samples shall be disposed of six weeks after the completion of the order or, if necessary, they shall be used anonymously in the SKZ Group for demonstration purposes.

1.2.5. The costs for materials, including transportation costs, shall be borne by the Client.

1.2.6. The costs for the environmentally friendly disposal of used materials shall be borne by the Client.

1.2.7. KFE reserves the right to request an advance payment of max. 50% of the calculated costs when the order is placed. Once the order has been received, the Client shall receive an order confirmation with a corresponding invoice. Payments must be made in full within 14 days of the invoice date.

1.2.8. In the case of higher order values, KFE shall be entitled to charge the full amount in three instalments (upon placement of the order, halfway through the project and at the end of the project).

1.2.9. Unless a different payment method is requested in the order confirmation, payment must be made via transfer to KFE’s account, which shall be indicated on the invoice, within 14 days of the invoice date.

1.2.10. The Client shall only have a set-off right if its counterclaims have been legally established, signed or acknowledged by KFE. The Client may only exercise a right of retention if its counterclaim is based on the same contractual relationship.

1.2.11. Partial invoices may be issued depending on the status of the services. KFE reserves the right to invoice up to 100% of the order amount before starting the work.

1.2.12. Unless otherwise agreed, the costs for progress reports shall not be included in the quoted prices.

 

2. Cancellation of Research and Development Orders / Services

2.1. The Client may only cancel an order free of charge within a period of one week after placing the order, and this must be done in writing. If an order is cancelled after this period, cancellation fees shall be charged at 10% of the net order value plus the statutory rate of VAT.

2.2. If the Client wishes to cancel a placed and confirmed order once the test has begun, the Client may be invoiced for any expenses incurred up to the cancellation date plus an administration fee. This administration fee shall amount to 10% of the net order value plus the statutory rate of VAT.

 

3. Rights related to Development Services

3.1. KFE shall retain ownership of all rights to the services it provides, especially rights to inventions, all intellectual property rights and rights to its specialist knowledge. The Client shall be granted a simple licence to exploit these rights, provided this is necessary for the intended use of the development results. KFE shall not be obliged to register and continue or transfer its property rights.

3.2. KFE shall be granted a simple free licence to exploit the Client’s property rights for the purpose of carrying out the services.

3.3. KFE does not warrant that its services and results shall be free of any third-party rights. The Client is aware that property rights searches should be carried out to avoid any infringements.

 

4. Publications

Research reports may only be published in an abridged or partial form with the prior written consent of KFE. The same applies to the use of reports for advertising purposes.

 

5. Delays and Compensation for Research and Development Orders / Services

5.1. If KFE fails to provide its service on time, the Client shall only be entitled to withdraw from the contract or assert compensation claims for non-fulfilment if the Client has previously granted KFE a reasonable grace period in writing and threatened to withdraw from the contract or assert compensation claims for non-fulfilment.

5.2. The Client shall not be entitled to assert compensation claims for the delayed execution or non-fulfilment of a contract in the event of simple negligence.

 

6. Review

If the Client raises an objection to the research report within 14 days, the results shall be reviewed by KFE. If the accuracy of the disputed results is confirmed by the review, the costs incurred for the review shall be borne by the Client.

 

7. Final Clause

If a provision contained in the Terms and Conditions or this Annex to the General Terms and Conditions proves to be ineffective, this shall have no bearing on the validity of the contract or any other provisions.

 

As of May 2019

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