General Terms and Conditions (AGB)
1 General – Scope of the General Terms and Conditions
1.1 The General Terms and Conditions (hereinafter referred to as GTC) apply to the food testing department of fzmb GmbH.
1.2 Our GTC apply exclusively. We do not recognize any terms and conditions of the customer that conflict with or deviate from our GTC or that are not regulated in these GTC unless we have agreed to them in writing in advance.
1.3 All agreements made between the customer and us for the purpose of executing a contract are set out in writing in the contract with the corresponding applicable terms and conditions.
1.4 The GTC shall also apply to subsequent and follow-up orders.
2. scope of services, content and type of service provision – subcontractors
2.1 We inspect products or other test items of manufacturers, distributors and other service providers (referred to by us as clients) on the basis of national and international regulations. These activities are referred to as services.
2.2 The agreed services shall be provided in accordance with the contractual agreements, in accordance with the generally recognized rules of technology at the time of conclusion of the contract and in compliance with the relevant regulations applicable at the time of conclusion of the contract.
2.3 We shall be entitled to determine the methods and type of service provision ourselves according to our reasonable judgment, unless otherwise agreed in writing, and unless mandatory provisions prescribe a specific method and type of service provision.
2.4 Each order relates exclusively to the sample provided by the customer or taken by us (test item) and is completed when the written test report is sent to the customer, unless another written agreement has been made on the type of notification of findings. The test report refers only to the tested test item and not to the production batch from which the test item was taken.
2.5 With the consent of the client, we may have orders placed with us carried out in whole or in part by external laboratories. The applicable requirements of the accreditation body must be observed.
3. offer – conclusion of contracts
3.1 Our offers are always subject to change unless otherwise agreed.
3.2 Orders addressed to us are binding.
4. obligation of the customer to cooperate
4.1 The customer is obliged to provide all assistance and cooperation necessary for the provision of the required services. This means:
– to provide us with the necessary information, records, documents and data. – grant our employees access to the necessary documents and allow them access to the buildings required for sampling.
– to ensure safe working conditions when carrying out their tasks on the customer’s premises. – to ensure that our employees’ work tasks can be carried out without hindrance.
4.2 The customer shall appoint one or more representatives to support our employees in the provision of the agreed services and to serve as contact persons.
4.3 The customer is obliged to report any defects in our services in writing immediately after the service has been provided.
5. deadlines, dates – force majeure
5.1 The adherence to deadlines for our services is based on the specifications of the investigation methods and empirical values for estimating the scope of work.
5.2 Insofar as deadlines and dates have been agreed as binding, the time calculation shall only commence when the customer has fulfilled its obligation to cooperate.
5.3 If non-compliance with a deadline or date is due to a force majeure event (e.g. official measures, fire, flooding, other natural disasters, social upheaval), the agreed deadlines shall be extended accordingly.
6. settlement – remuneration – due date – deterioration of assets
6.1 If no fee is agreed in writing when the contract is concluded, invoicing shall be based on the prices set out in our price list valid at the time the service is provided.
6.2 All invoice amounts are due for payment without deduction upon receipt of the invoice.
6.3 The statutory value added tax is not included in our prices. It will be shown in the invoice at the statutory rate on the day of invoicing.
6.4 The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual right.
6.5 If there are actual indications of a deterioration in the customer’s financial situation after conclusion of the contract or if there are other facts after conclusion of the contract which justify the assumption that our claim to consideration is jeopardized by the customer’s inability to pay, we shall be entitled to demand the provision of security and to revoke any payment terms granted. In the event that the customer is not in a position to provide the requested security within a reasonable period of time, we shall be entitled to withdraw from the contract. Existing claims arising from services rendered or due to default shall remain unaffected.
7. raw data – test items
7.1 All copyrights to the services provided by us for the customer shall remain with us. The customer has no claim to raw data unless otherwise agreed in writing.
7.2 If such an agreement has been made, the customer may only use the raw data for an agreed purpose. Any publication requires our written consent.
7.3 At the customer’s request, test items will be stored for a certain period of time after the findings have been prepared, provided they can be stored for this long and our storage capacity permits.
8. liability
8.1 We shall only be liable for damages due to defects in our services or due to other contractual or non-contractual obligations, in particular from tortious acts, in the event of intent or gross negligence.
8.2 We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract, such as proper analysis performance and documentation of the results (cardinal obligations); however, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of non-essential contractual obligations. If we have covered the typical contractual risk with liability insurance, our liability shall be limited to the amount of the liability insurance benefit. Insofar as the insurer is released from liability, we shall provide our own compensation up to the amount of the sum insured if the relevant conditions are met. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.
8.3 If the order placed involves special risks to life, limb and health or the risk of particularly high financial losses, the customer must inform us of this in writing when placing the order.
8.4 When determining the amount of damages to be paid by us or the customer, the respective economic circumstances as well as the type, scope and duration of the business relationship and, if applicable, the value of the service to be rendered shall be taken into account appropriately in favor of the respective obligated party in good faith.
8.5 Force majeure, labor disputes, unrest, official measures and other unforeseeable, unavoidable and serious events shall release the customer and us from our performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if the events occur at a time when the affected contracting party is in default. The customer and we shall obtain the necessary information without delay within the scope of what is reasonable and adapt the obligations to the changed circumstances in good faith.
9. place of performance and jurisdiction
9.1 The place of performance is the registered office of fzmb GmbH, Food Analysis Department.
9.2 In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action shall be Jena.
9.3 If the customer’s domicile or habitual residence is unknown at the time the action is brought or if the customer has moved his domicile or habitual residence outside the area of application of the laws of the Federal Republic of Germany after conclusion of the contract, Mühlhausen is also agreed as the place of jurisdiction.
DATA PROTECTION
1. general
Your message, including your contact details, will be entered into our information system insofar as this is necessary for the fulfillment of our tasks. Only those employees of Tierklinik Bad Langensalza who are responsible for processing your message, as well as the management level, have access to the data. In principle, the administrators also have access to the data, but only if this is necessary for administrative reasons in specifically defined cases. Your data will only be used to fulfill the tasks of Tierklinik Bad Langensalza. Further information on the information required under Article 13 GDPR can be found under point 3
2. your personal data will be processed in the following cases
a. Contact via the Internet:
When you access our website, your IP address is inevitably processed in order to enable our web server to provide you with the requested information (text and images of the respective page). We do not log the connection data (including the IP address).
b. Telephone contact:
When you call, your telephone number, if you have not suppressed it, the time and duration of the call will be stored on the respective telephone for a certain period of time. Our employees do not initially store any further data unless you expressly request a telephone entry. In this case, the contact details will be recorded. You can obtain further information about the handling of your data in person at our clinic.
c. Contact by e-mail:
If you contact us by e-mail, your e-mail will be stored on our e-mail server. It will then be forwarded by our registration staff to the employee/veterinarian responsible for processing your request.
d. Contact by letter:
For reasons of proof, your letters will be kept by us in paper form for the duration of the retention period and given to the relevant employee/veterinarian responsible for your request for processing.
e. Contact by fax:
If you contact us by fax, the procedure is the same as under c. The fax number is stored in our fax machine for system reasons.
3. further information in accordance with Article 13 GDPR:
In order to process the treatment contract to be concluded between you and our veterinary clinic Bad Langensalza, we process so-called personal data from you (in accordance with Art. 6 para. 1 b) GDPR). These are your name, your address, your bank details for EC card payments, your telephone number and, if applicable, your email address. We use the latter two to communicate with you quickly if it is urgently necessary during treatment or to coordinate treatment appointments with you.
The person responsible for this data processing in our veterinary clinic is Dr. Dirk Barnewitz (in accordance with Art. 3 and 5 GDPR). If a treatment contract is concluded, the aforementioned data will be stored by us for a period of at least 10 years from the date of collection. This is based on tax law obligations to retain invoice data for at least this period. The data collected will be deleted after this period unless there are tax or other legal obligations to the contrary or they are still required to fulfill the original purpose for which they were processed.
The exercise of the rights described above must be declared to the controller of our institution named at the beginning. You have the right to data portability (Art. 20 GDPR), i.e. transmission of the data provided by you in a structured, commonly used and machine-readable format to yourself or to another controller.
Your personal data will only be passed on to third parties if you have voluntarily given your express consent (Art. 6 para. 1 sentence 1 a) GDPR) or if the disclosure is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data (Art. 6 para. 1 sentence 1 f), para. 4 GDPR). Data will also be passed on if there is a legal obligation to do so (Art. 6 para. 1 sentence 1 c) GDPR) or if this is legally permissible and necessary for the processing of contractual relationships with you (Art. 6 para. 1 sentence 1 b) GDPR).
If you give us written consent to process data for specific purposes (Art. 6 para. 1 a GDPR), this can be revoked at any time and without reason (Art. 7 para. 3 GDPR).
If you have any questions, please contact our data protection officer:
fzmb GmbH
Sven Wietstock
Geranienweg 7
99947 Bad Langensalza
Tel.: 03603 / 833 192
Mail: dsb(at)fzmb.de