1. Scope of Application
1.1 These Terms and Conditions for Service Activities apply to all services provided by Memmert GmbH + Co. KG that are rendered exclusively in connection with products of the Memmert brand.
1.2 The scope of services includes in particular:
1.3 The contractor is entitled to engage a trained and certified subcontractor to perform the service work. However, the contractor remains fully authorized and responsible towards the customer in such cases.
1.4 Deviating or supplementary terms and conditions of the customer shall not apply unless their validity has been expressly agreed in writing.
1.5 In addition, the General Terms and Conditions of Memmert GmbH + Co. KG in their current version shall apply. In the event of contradictions, these Terms and Conditions for Service Activities shall prevail over the general terms and conditions.
2. Customer’s Obligations to Cooperate
2.1 The customer shall ensure that the affected equipment and systems are freely accessible and free from biological, chemical or radioactive contamination for the contractor at the agreed time. During the service work, the devices must not be in active use and must be free of any load.
2.2 Delays caused by insufficient cooperation of the customer may result in additional costs, which will be charged accordingly.
2.3 If devices are subject to specific GMP, safety, or access regulations, these must be communicated in advance.
2.4 The customer undertakes to provide all information and documentation required for the execution of the service in due time.
3. Service Assignments and Quotations
3.1 A service order shall come into effect after receipt of a written quotation and the subsequent written order or acceptance of the quotation by the customer.
3.2 The quotation represents a cost estimate and is non-binding. The actual costs may deviate from the amount stated in the quotation, particularly if unforeseen circumstances arise or additional work becomes necessary that was not included in the quotation.
3.3 If the actual costs significantly exceed the amounts stated in the quotation, the customer will be informed about the expected additional costs prior to the execution of the additional work and asked for confirmation.
3.4 The scope of maintenance services is defined by the maintenance plan valid for the respective device type at the time of execution. The valid maintenance plan can be provided at any time upon request.
3.5 After acceptance of the quotation and completion of the service assignment, invoicing shall be based on the actual effort incurred.
3.6 The basis for calculating travel costs is the service location as well as the technician’s place of residence. If the total working and travel time exceeds the legally permitted maximum working time of 10 hours, additional overnight accommodation costs or a second trip will be charged.
3.7 The basis for the final invoice is the service report discussed and signed on-site with the customer. By signing the service report, the customer confirms the execution of the services listed therein and acknowledges them as the basis for invoicing.
3.8 During the service assignment, additional services beyond the originally agreed scope may be ordered by the customer’s on-site contact person. These services will be documented in the service report and, upon signature, shall be deemed authorized by the customer and approved for invoicing.
4. Cancellation Conditions for Service Assignments
4.1 The customer may cancel a scheduled service assignment (e.g. maintenance, calibration or repair on site) free of charge up to three (3) working days before the scheduled appointment.
4.2 In case of cancellation less than three (3) working days before the appointment, we reserve the right to charge 10% of the agreed order value, but at least EUR 150.00.
4.3 If the contractor determines at the agreed appointment that the ordered service cannot be performed and the contractor is not responsible for this, the customer shall bear the travel and preparation costs incurred up to that point, as well as waiting times.
4.4 Provisions for qualification services
In case of cancellations or rescheduling of already commissioned qualification services by the customer, the following regulations apply:
5. Liability and Warranty
5.1 MEMMERT’s liability shall be governed by statutory provisions unless otherwise stipulated in these terms and conditions or in a written agreement between the parties.
5.2 MEMMERT shall not be liable for damages resulting from improper handling or the use of devices outside their intended application.
5.3 The warranty for replaced parts is 12 months from the date the service was performed. Excluded from the warranty are transport damage, glass and wear parts, and damage caused by accidents, negligence, improper operation, or failure to perform maintenance.
The warranty shall become void if the device has been modified or if the damage has resulted from improper use, incorrect or negligent handling, excessive strain, natural wear and tear, or chemical, electrochemical, or electrical influences.
Warranty claims expire after 12 months.
5.4 Claims for damages by the customer against the contractor are excluded. This does not apply to claims arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), or liability for other damages resulting from intentional or grossly negligent breaches of duty by the contractor, its legal representatives, or agents.
Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of this contract.
5.5 In the event of a breach of essential contractual obligations, the contractor shall only be liable for the typical and foreseeable damage if caused by simple negligence, unless the claim relates to injury to life, body, or health.
6. Data Protection
6.1 The customer agrees that MEMMERT may process personal data in accordance with the General Data Protection Regulation (GDPR) to the extent necessary for the performance of the agreed services.
6.2 Further information on data protection can be found in the privacy policy on the MEMMERT website.
7. Final Provisions
7.1 This contract shall be governed exclusively by the laws of the Federal Republic of Germany.
7.2 Place of jurisdiction is Schwabach.
7.3 Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the original provision.
7.4 Further information can be found on our website and in the general terms and conditions.
Memmert GmbH + Co. KG
Postfach 1720 | 91107 Schwabach / Germany
Äußere Rittersbacher Straße 38 | 91126 Schwabach / Germany
+49 (0) 9171 / 9792-911
www.memmert.com
USt-IdNr.: DE 133786743
Sitz der KG/Limited partnership at: Schwabach | Handelsregister/registered at: AG Nürnberg HRA 9333
Persönlich haftende Gesellschafterin/active partner: Memmert GmbH, Sitz/at Büchenbach
Handelsregister/registered at: AG Nürnberg HRB 5945 | Geschäftsführer / Managing Director: Philipp Schwarm