Terms and Conditions

1.    Performance and service supplied

The supply agreement relates to the job specification of the customer.
The engineering firm Decker shall provide the capacities and expertise necessary for implementation.
Customer or subject-specific exclusivity requires a separate agreement.

Preconditions to be provided by the customer:There must be a responsible contact available who will handle the professional communication of results and requirements between the customer and IBD.
The customer will provide all the tools, clearances and information necessary for carrying out the work and the documentation.

If there are differences in the project work offered which extend beyond the agreed framework, deviations, IBD will communicate the increases. An assessment of the quantities which can still be achieved with the agreed circumstances and their prioritisation will be made with the customer's responsible contact and IBD. Achievement of the original performance targets can be agreed on the basis of an additional quote by IBD to the customer. Examples of this include the customer changing processes.

2.    Price

The total price for the contractor's specified services is subject to statutory taxes.
The billing can be based on daily rates or fixed price contract (compulsive for non-European contracts).

3.    Timeline

The quote relates to the dates to be documented here; deviations many only the agreed in writing, including during the term of the contract.

4.    Payment Terms

Following joint acceptance of the services (and parts thereof) by IBD and the customer, IBD will send an invoice; the invoiced amounts are fixed prices plus the statutory VAT and a period of 30 days is allowed for payment (in full) in the form of a transfer to the IBD account shown in the invoice. In the event of a delay in payment, interest on arrears on the basis of the 3-month Euribor +3% will be due.
If it has not yet been possible to complete services or partial services, an invoice will be sent on reaching 200 working hours at the latest.

Haimhausen is the place of work.
If the place of work is somewhere other than IBD's company premises, the travel time and costs are to be reimbursed.

Travel expenses are not included in the quoted price. When posting and settlement do not take place through cross charges and payment of the expenses by the customer to IBD, the travel costs and expenses incurred will be charged separately, directly following the end of the journey with a surcharge of 10% plus VAT as a handling fee. The payment period is then 30 days from receipt of the invoice for payment of the fixed price (in full) through a transfer to the IBD account shown in the invoice. In the event of a delay in payment, interest on arrears on the basis of the 3-month Euribor +3% will be due.
The rates for the expenses to be paid are based on the prevailing Federal Ministry of Finance announcement.
Costs incurred for telephone or data services abroad will be included in the travel expenses statement with proof.
Travel expenses where the staff member's own vehicle is used will be charged using the rates stipulated by contract.

Payments may only be withheld or offset with counterclaims when recognised by IBD or when finally and non-appealingly established.

5.    Guarantee

Any guarantee required for improper performance of services offered is limited to a maximum of 5% of the total order value of this contract in a period of 12 months. The hourly rates calculated for this quote apply as a basis for this.

It will be carried out as an immediate and free rectification.

6.    Liability

IBD's maximum liability for any damage caused by intent or gross negligence is limited to the total order value of the contract.
It applies only to demonstrable non-compliance with the generally recognised rules of good engineering practice.
Any liability by IBD for indirect or consequential damages is fundamentally excluded.
Any liability by IBD for defects in the product, production and product liability claims made by third parties are fundamentally excluded.

7.    Non-disclosure Agreement

The subject matter of the non-disclosure agreement includes all confidential information in the field of the planned cooperation.

Information means all confidential information disclosed in writing, orally or in any other manner between the contracting parties regarding the subject matter of the non-disclosure agreement. In particular, this includes data, drawings, drafts, sketches, plans, descriptions, specifications, measurement results, calculations, experiences, processes, samples, knowledge and procedures, including secret know-how and other as yet unpublished industrial-property-right applications.

The contracting parties agree to keep confidential all information and related materials which are marked as confidential or where the confidentiality requirement arises from the circumstances and not to disclose it either directly or through a third party. The contracting parties agree to take the necessary precautions to prevent third parties gaining knowledge of this information.

This obligation to maintain confidentiality does not apply to information that was demonstrably already known to the recipient before communication or that was known or generally available to the public prior to communication or became known or generally available to the public following communication without involvement or fault of the recipient or substantially corresponds to information which a third party with the entitlement to do so has disclosed or made available to the recipient at any time.

All texts, drawings, other documents, samples, media, materials, samples, etc. pertaining to the information which is entrusted to a contracting party remain the property of the disclosing party. This agreement and the obligation to maintain confidentiality end five years after the conclusion of the agreement.

8.    Acceptance

The acceptance of the services provided (and parts thereof) is made by the responsible contact of the customer and IBD by means of an acceptance certificate on the date agreed in the schedule. If acceptance is delayed by more than 4 weeks for reasons which are the fault of the customer, the service is deemed to have been accepted and will be charged for. If only minor defects are discovered, acceptance cannot be refused regardless of any potential rectification.
For fixed price contracts or billing by daily rates there is no necessarily of the acceptance of the service provided for billing.

9.    Tax

The prices quoted are net prices; the customer is required to pay the price quoted in full. If taxes and duties are incurred, these must not be deducted or withheld.

10.    Law

The quote is governed by German law.
The place of jurisdiction is Munich
Any amendments and additions to this contract must be made in writing. This also applies to any waiver of the written form requirement.

11.    Severability clause

Should a provision of this contract be or become wholly or partially invalid or contain any omissions which must be remedied, this shall not affect the validity of the remaining provisions. The contracting parties will then replace the invalid provision with a provision which corresponds to the intended purpose in an admissible manner.

12.    Force Majeure

Should the provision of a service become impossible or unreasonably difficult due to force majeure, the time limit for providing the service will be extended appropriately even if there is an existing delay in providing the service. Force majeure can be strikes, natural disasters and other unforeseeable and events and events occurring through no one's fault which are not within IBD's influence. IBD is not liable for any damage, consequential damage and delays caused during this time.