General Terms and Conditions of fzmb GmbH, Research Center for Medical Technology and Biotechnology
1. Scope
(1) These General Terms and Conditions (GTC) apply to all contracts for the sale of goods as well as research, development, testing, analysis, laboratory, and other services provided by fzmb GmbH (hereinafter “fzmb”) to business entities, legal entities under public law, and special funds under public law.
(2) Any terms and conditions of the client that differ from, conflict with, or supplement these terms and conditions shall only become part of the contract if their validity has been expressly agreed to in writing.
(3) These General Terms and Conditions do not apply to veterinary treatment contracts with pet owners. Separate patient and treatment terms and conditions of the fzmb Veterinary Clinic apply to such contracts.
(4) Furthermore, these Terms and Conditions do not apply to the fzmb’s Food Testing Department. Separate Terms and Conditions apply to that department.
2. Conclusion of the Contract
(1) Offers made by fzmb are subject to change and non-binding, unless they are expressly designated as binding.
(2) A contract is concluded upon written confirmation of the order by fzmb or upon commencement of the provision of services.
(3) Any amendments or additions to the contract must be in writing.
3. Scope of Services
(1) The nature and scope of the services are set forth in the respective offer, contract, or order confirmation.
(2) Research findings, analyses, test reports, and other work products shall be prepared in accordance with the state of the art in science and technology as recognized at the time the services are provided.
(3) fzmb does not guarantee any specific economic, scientific, or regulatory success, unless expressly agreed upon.
4. The Client’s Obligations to Cooperate
(1) The Client shall provide all information, documents, samples, materials, and data necessary for the performance of the contract in a timely and complete manner.
(2) The client warrants that the information provided is accurate and complete.
(3) Any delays or additional expenses resulting from insufficient cooperation shall be borne by the client.
5. Samples and Test Materials
(1) The client is responsible for the proper labeling, packaging, and transport of samples and materials.
(2) The client must point out any special hazards, in particular biological, infectious, toxic, or otherwise hazardous substances.
(3) Upon completion of the tests, fzmb is entitled to destroy samples and residual materials after a reasonable retention period has elapsed, provided there is no legal obligation to retain them or any agreement to the contrary.
(4) Samples will be returned only at the express request and expense of the client.
6. Dates and Deadlines
(1) The dates and processing times provided are not binding unless otherwise expressly agreed in writing.
(2) Delivery and performance deadlines shall be extended appropriately in the event of force majeure, government actions, material shortages, or other circumstances beyond the control of fzmb.
7. Compensation and Payment Terms
(1) The prices agreed upon in each case apply, plus the applicable sales tax.
(2) Invoices are payable in full within 14 days of the invoice date, unless otherwise agreed.
(3) In the event of late payment, the statutory provisions regarding default shall apply.
(4) The fzmb is entitled to require reasonable advance payments or installment payments.
8. Confidentiality
(1) Both parties agree to keep confidential all confidential information that comes to their knowledge in the course of their cooperation.
(2) This obligation does not apply to information that is generally known, has been lawfully obtained from third parties, or must be disclosed pursuant to statutory provisions.
(3) The confidentiality obligation shall survive the termination of the contractual relationship.
9. Intellectual Property and Rights of Use
(1) All intellectual property rights, processes, methods, software, databases, knowledge, and other know-how of fzmb that existed prior to the commencement of the contract shall remain the exclusive property of fzmb.
(2) Unless otherwise agreed, the Client shall be granted a non-exclusive, non-transferable right to use the results produced under the contract for its own purposes.
(3) Any further rights of use, exclusive rights, or the transfer of intellectual property rights require a separate written agreement.
(4) The fzmb is entitled to make unrestricted further use of general scientific and technical findings, methods, and experience gained in the course of a contract, provided that no confidential information belonging to the client is disclosed in the process.
10. Test Reports and Analysis Results
(1) Test reports, analyses, and expert opinions apply exclusively to the samples, measurements, or agreed-upon test items that were examined.
(2) The results may not be extrapolated to other samples, batches, or situations.
(3) Test reports may only be distributed in their entirety. Publications of excerpts or modifications require the prior written consent of the fzmb.
11. Warranty
(1) The fzmb ensures that the agreed-upon services are performed in a professional manner.
(2) Obvious defects must be reported in writing immediately, no later than 14 days after receipt of the service.
(3) In the event of justified complaints regarding defects, fzmb is initially entitled to remedy the defect.
12. Liability
(1) The fzmb has unlimited liability for damages resulting from willful misconduct and gross negligence.
(2) In cases of slight negligence, the fzmb shall be liable only for breaches of material contractual obligations, and such liability shall be limited to damages that are typically foreseeable under the contract.
(3) The limitations on liability do not apply in cases of injury to life, body, or health, or in cases of mandatory statutory liability.
13. Force Majeure
If a party to the contract is unable to fulfill its obligations due to force majeure, the affected obligations shall be suspended for the duration of the event. Force majeure includes, in particular, natural disasters, pandemics, war, government measures, strikes, or similar unforeseeable events.
14. Data Protection
Personal data is processed exclusively in accordance with applicable data protection regulations. Details can be found in the fzmb’s privacy policy.
15. Research Collaborations
Separate agreements are entered into for research collaborations, joint projects, consortium projects, and other forms of cooperation. These agreements take precedence over these General Terms and Conditions.
16. Final Provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is—to the extent permitted by law—the registered office of fzmb.
(3) Should any provision of these Terms and Conditions be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected.
As of 06/2026
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