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Standard Terms and Conditions (dated 01 October 2018)
§ 1 Scope of Application
(1) These Standard Terms and Conditions shall apply exclusively to businesspersons, legal persons governed by public law or special funds governed by public law within the meaning of § 310 subsection 1 BGB (German Civil Code). Adverse or standard business terms of the Customer deviating from these Terms and Conditions shall only apply after being
explicitly acknowledged by us in writing.
(2) These Terms and Conditions shall also apply to all future business done with the Customer in so far as these are related legal transactions.
§ 2 Offer and Conclusion of Contract
(1) Unless otherwise agreed in the offer, offers shall be valid for a period of four weeks. They are subject to prior sale. Obligations of neoplas GmbH shall only be established by a Customer's explicit confirmation of the offer. If the offer provides for the conclusion of a contract, obligations of neoplas GmbH shall only be established upon concluding the contract.
(2) Offers on research and development services of neoplas GmbH describe the task with regard to the specific intended use, the content and scope of activities, the handling period and the research and development objectives. If the confirmation of an offer contains deviations from the offer made, such deviations shall only be deemed agreed upon the explicit confirmation in writing.
(3) As soon as neoplas GmbH realises that the planned handling period is insufficient, it will submit to the Customer proposals for changes in writing for a consensual prolongation of the handling period stating the reasons.
(4) Unless explicitly declared to be binding in the offer on research and development services, the customary approximate values shall be valid for all specifications, material data, etc. Notices in the event of change shall only be
given if a guarantee of quality is affected.
(5) neoplas GmbH warrants to use scientific accuracy and to observe the accepted rules of technology but not to factually achieve a research and development objective.
(6) neoplas GmbH shall not be answerable for any infringement of third parties' industrial property rights in the course of utilizing its results of research and development. However, as it comes to know of them, it shall inform the Customer forthwith about third parties' industrial property and copyrights, which may be infringed by utilizing the results of its research and development.
(7) The Customer guarantees for a research and development service that by carrying out research and development no infringement of any industrial property rights will arise from products, drawings or samples provided by the Customer or third parties. The Customer shall handle defence lawsuits at own costs and reimburse related expenses to neoplas GmbH.