General Terms and Conditions

General Terms and Conditions of Dipolo GmbH

1. CHANGES

Considering the peculiarities of the offered services and in order to limit the financial risk for the CUSTOMER as well as for Dipolo GmbH, the parties agree with the following:

Changes in the work schedule during the conduct of the study:

  • The CLIENT is entitled to modify the work schedule proposed by Dipolo GmbH depending on the results from the different phases of the study in order to optimize the achievement of the intended goals. According to the same criteria, Dipolo GmbH may propose changes. Any modification shall be clearly formulated as a confirmation of the original contract and shall include the new technical and / or financial conditions for the modified sections of the original design.

  • Additional work of Dipolo GmbH at the request of the customer.

Any additional work resulting from an express request by the customer will be charged in accordance with the general scale of fees, less travel expenses.


2. RESPONSIBILITY

Dipolo GmbH undertakes to do its best to achieve the intended goals. Dipolo GmbH further undertakes to make full use of its own skills and know-how and the latest available technical and scientific information through appropriate investigative methods or regular updates in the area under consideration. Dipolo GmbH shall be liable only for the studies carried out in its own and specific field of competence and shall be liable only if an error can be duly proved and by a material proof that the damage claimed by the customer was caused by the company.

In the event that Dipolo GmbH is deemed liable on the basis of the total damage to be claimed by the Client, it shall be limited to the service fee in this contract, with the exception of partial payments of intermediate phases of the study duly validated by the Client.

The customer is responsible for all information provided.

Dipolo GmbH checks whether potential subcontractors, previously hired by the customer, propose and provide an efficient product. However, Dipolo GmbH shall not be liable for any damage caused by a defect in a product provided by the subcontractor, which has no direct connection with the functionality of the subject of the offer.


3. CONFIDENTIALITY STATEMENT

A mutual confidentiality obligation is agreed for the interests of each party and should be the content of a separate document at the request of the client, with a minimum period of 3 years from the start of the study contract in question.

In case of differences, the parties agree to settle out of court. If this is not possible, the place of jurisdiction for all services and disputes is exclusively the registered office of Dipolo GmbH.


4. INDUSTRIAL AND INTELLECTUAL PROPERTY

All discoveries, inventions, improvements or adaptations resulting from know-how, techniques, concepts or ideas generated in the provision of the services provided hereunder shall remain the property of Dipolo GmbH.

Dipolo GmbH is entitled to offer similar services to other customers, using the general know- how, techniques, concepts, ideas or experience developed hereunder.

The customer expressly agrees that Dipolo GmbH is entitled to use the results from the performance of the services provided hereunder, in media releases and public announcements, provided that such releases or announcements are limited to general information and do not refer to the customer.


5. APPLICABLE LAW AND COMPETENT JURISDICTION

This agreement is governed by German law. The court in Augsburg, Germany, is the exclusive place of jurisdiction for all disputes arising from these terms and conditions as well as for all orders, acceptances and agreements.

The customer shall pay each invoice within the period specified in the Dipolo GmbH invoice, unless otherwise agreed between the parties. Any amount due shall bear interest until it is paid at the interest rate corresponding to the interest rate set forth in Article 5 of EEA Delegated Regulation 231/02. In addition, the customer shall reimburse Dipolo GmbH for all reasonable attorneys' fees and other costs and expenses incurred in collecting overdue amounts.