QMESS GMBH Zur Weinhalde 5 88499 Riedlingen - Zell 1. Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. They also apply to all future transactions, even if they are not expressly agreed upon again. Counter-confirmation by the buyer with reference to his terms and conditions of business or purchase do not become part of the contract. 2. All agreements made between us and the customer for the purpose of executing a contract must be recorded in writing. 3. We reserve ownership rights and copyrights to calculations, measuring programmes, technical concepts and training documents. They may not be made accessible to third parties without our written consent. 4. Tests in accordance with DIN EN ISO/IEC 17025 require an express written order. 5. In the case of on-site assignments, our employees must be informed by the customer about existing safety and accident prevention regulations, insofar as these are of significance for our personnel. 6. The statutory value added tax is not included in our offer prices and cost rates; it is shown separately on the invoice at the statutory rate on the day of invoicing. 7. Unless otherwise stated, we are bound by the prices contained in our offers for 12 weeks from the date of the offer. 8. Unless otherwise agreed, prices are quoted ex works. 9. All orders will be invoiced according to the time spent by our personnel for work, travel and waiting times for which they are not responsible, in accordance with our respective valid cost rates, unless expressly agreed otherwise, e.g. a package price in accordance with the quotation. 10. Unless otherwise agreed, our invoices are payable 30 days after invoicing without deduction. The date of receipt of payment by us is decisive. 11. The deduction of cash discount and payment in instalments requires special written agreement. 12. If the seller is in default, we are entitled to demand the resulting scale of costs above the base interest rate (§247 of the German Civil Code (BGB)). 13. Place of jurisdiction and performance is Riedlingen/Donau, Germany. 14. If there is a deficiency in the purchased item for which we are responsible, the purchaser is entitled to demand subsequent performance within a reasonable period of time. 15. The notice of deficiency must be submitted to us in writing immediately after becoming aware of a deficiency. 16. The statutory period for deficiency claims is twelve months from the date of delivery. 17. Claims for damages by the customer, in particular for compensation for indirect and consequential damages, regardless of the legal basis, are excluded. In case of gross negligence, our liability is limited to 100% of the ordered project.