GENERAL TERMS AND CONDITIONS
of the 7YRDS Deconservice GmbH

Status: April 2023

§ 1 Scope of application

  1. Our General Terms and Conditions (hereinafter referred to as GTC) apply exclusively to entrepreneurs (hereinafter referred to as Customer(s)). Entrepreneurs within the meaning of these GTC are entrepreneurs pursuant to § 14 of the German Civil Code (BGB), legal entities under private and public law and special funds under public law.
  2. The GTC apply to contracts between us and our customers for the cleaning of personal protective equipment (in particular protective suits, flame protection bonnets, gloves, boots and helmets) and other textiles, in particular by means of effective and material-friendly decontamination with liquid CO2 ("LCO2“), as well as the professional decontamination and cleaning of the PPE in water and perchloroethylene.
  3. Unless otherwise agreed, the GTC shall also apply to all future business relations with entrepreneurs, even if they are not expressly agreed again.
  4. These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if the customer refers to its GTC within the scope of an order and we do not expressly object to this.
  5. Individual agreements (contractual terms negotiated in detail between the parties) take precedence over the GTC.

§ 2 Conclusion of contract; duration and termination in the case of continuing obligations

  1. Our offers are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.
  2. The order by the customer shall be deemed to be a binding offer of contract. We are entitled to accept this contractual offer within 5 days of its receipt by us.
  3. Acceptance can be declared in writing (e.g. by order confirmation) or also implied, e.g. by the execution of the order.
  4. Contracts for continuous or regularly recurring services (continuing obligation) are concluded for a period of one year, unless otherwise agreed in writing. If the contractual relationship is not terminated at the latest 3 months before its expiry, it shall be extended by a further year in each case.

§ 3 Prices and terms of payment

  1. The individually agreed prices apply, plus statutory turnover tax. Any customs duties, fees, taxes and other public charges shall be borne by the customer.
  2. The remuneration shall be due and payable after execution of the order, at the latest within 14 days after receipt of the invoice. Upon expiry of the payment deadline, the customer shall be in default even without a reminder. During the period of default, the remuneration shall bear interest at the statutory default interest rate applicable from time to time. We reserve the right to assert further damage caused by delay. Our claim to the commercial due date interest (§ 353 HGB) remains unaffected.
  3. The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed.
  4. We are entitled to set off our own claims against claims of the customer.

§ 4 Services, loan of protective equipment

  1. If agreed in individual cases, we will collect the items to be cleaned from the customer at the customer's expense. In all other cases, the customer shall hand in the items to be cleaned at our office (in Goch or Oldenburg, depending on the agreement) in due time and at his own expense.
  2. If agreed, we check the personal protective equipment for conformity to standards.
  3. For the period of cleaning, we provide our customers - with the appropriate agreement – with loan protection equipment.
  4. The rental protection equipment remains our property. The customer shall treat the rental protective equipment with care, in particular store it properly and protect it from foxing / greying and use it exclusively for the intended purpose.
  5. The customer must notify us of any defects in the rental protective equipment immediately after becoming aware of them. The customer shall be responsible for lost, damaged or spoiled rental equipment due to improper handling.

§ 5 Our duties

  1. We carry out our work with due professional care.
  2. We chip the items to be cleaned in the course of the first cleaning job for the purpose of identification. We also identify our rental equipment with a chip.
  3. We are entitled to use subcontractors at our own expense without prior consultation with the customer. The use of a subcontractor does not release us from our contractual obligation. Unser Unterauftragnehmer ist unser Erfüllungsgehilfe.
  4. The items to be cleaned shall be insured against fire and damage by natural forces at our expense from the time of acceptance (delivery by the customer or collection by us from the customer) until the time of return to the customer.

§ 6 Cooperation obligations of the customer

  1. The customer is obliged to create the necessary conditions for safe, smooth and proper performance of the service, in particular the customer must make the items to be cleaned available to us in good time before the service is provided - unless otherwise agreed, by handing them in at our office -, empty the bags of the items to be cleaned in advance and check them himself for damage before cleaning. The customer must inform us of any damage existing in advance at the latest upon delivery (by the customer) or collection (by us) of the protective equipment to be cleaned.
  2. The contractual fulfilment of our performance presupposes that our customer has fulfilled his obligations to cooperate in accordance with para. (1) complied with.
  3. If the customer does not fulfil his obligations to cooperate in accordance with the contract or not within the agreed period or if we are prevented from carrying out the work assigned by the customer due to other circumstances that are attributable to the customer's sphere of risk, we may demand reasonable compensation for any additional expenses caused by this in addition to the remuneration.
  4. The customer must ensure that - in the event that collection of the items to be cleaned by us has been agreed - the specific delivery and collection location of the items is accessible by our delivery vehicle. Means of transport provided by us are and remain our property and may not be used for any other purpose.
  5. The customer shall provide new (unmarked) and already marked items to be cleaned separately in each case.

§ 7 Bad performance

If the customer has knowledge that our performance is not in accordance with the contract, he must inform us in writing without delay - in the case of obvious defects at the latest within 10 working days of the performance of the service. In the case of hidden defects, this period for giving notice of defects shall commence upon discovery of the defect. If a service is not provided or not provided in accordance with the contract and we are responsible for this, we are obliged to provide the service in accordance with the contract within a reasonable period of time without additional costs for the customer. The customer's other statutory claims, in particular for damages or reimbursement of expenses, shall remain unaffected by this.

§ 8 Liability, limitation period

  1. We shall be liable without limitation
    • in the event of intent or gross negligence,
    • for injury to life, limb or health,
    • in accordance with the provisions of the Product Liability Act and
    • to the extent of any warranty assumed by us.
  1. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), our liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
  2. There is no further liability.
  3. The above limitation of liability also applies to the personal liability of our employees, representatives and bodies.
  4. The limitation period for claims based on material defects and defects of title is one year after the service has been provided. The statutory limitation in the cases mentioned in para. (1) described above shall remain unaffected.
  5. We accept no liability for damage and loss to the unremoved pocket contents of the items to be cleaned or other items connected to them, or for damage caused by a condition of the items to be cleaned that is not obviously suitable for the intended cleaning process, in particular damage caused by insufficient strength of the fabric, seams, insufficient fastness of dyeing and printing, shrinkage or previous improper treatment.

§ 9 Force majeure

Serious events which entail unforeseeable consequences for the performance of services - in particular force majeure, natural disasters, industrial disputes, riots, armed conflicts, terrorist conflicts or epidemics (including epidemics and pandemics) insofar as a risk level of at least "moderate" is defined by the Robert Koch Institute - shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect, even if they should be in default. This does not automatically terminate the contract. The contracting parties are obliged to notify each other of any such impediment and to adjust their obligations to the changed circumstances in good faith.

§ 10 Final provisions

  1. These GTC and the contractual relationship between us and the customer described in § 1 shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods, and excluding reference norms of private international law.
  2. The place of jurisdiction - also international - for all disputes arising directly or indirectly from the contractual relationship is our registered office in Goch.
    However, we are also entitled in all cases to bring an action at the place of performance of the service pursuant to these GTC or an overriding individual agreement or at the customer's general place of jurisdiction. Overriding statutory provisions, in particular on exclusive competences, shall remain unaffected.
  3. Should individual provisions of these GTC be or become ineffective, void or contestable, the remaining conditions shall remain unaffected.
  4. We store our customers' data in accordance with the applicable legal provisions on data protection.

GENERAL TERMS AND CONDITIONS
of Textil­reinigung Eckhardt GmbH

Status: April 2023

§ 1 Scope of application

  1. Our General Terms and Conditions (hereinafter referred to as GTC) apply exclusively to entrepreneurs (hereinafter referred to as Customer(s)). Entrepreneurs within the meaning of these GTC are entrepreneurs pursuant to § 14 of the German Civil Code (BGB), legal entities under private and public law and special funds under public law.
  2. The GTC apply to contracts between us and our customers for the cleaning of personal protective equipment (in particular protective suits, flame protection bonnets, gloves, boots and helmets) and other textiles, in particular by means of effective and material-friendly decontamination with liquid CO2 ("LCO2“), as well as the professional decontamination and cleaning of the PPE in water and perchloroethylene.
  3. Unless otherwise agreed, the GTC shall also apply to all future business relations with entrepreneurs, even if they are not expressly agreed again.
  4. These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if the customer refers to its GTC within the scope of an order and we do not expressly object to this.
  5. Individual agreements (contractual terms negotiated in detail between the parties) take precedence over the GTC.

§ 2 Conclusion of contract; duration and termination in the case of continuing obligations

  1. Our offers are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period.
  2. The order by the customer shall be deemed to be a binding offer of contract. We are entitled to accept this contractual offer within 5 days of its receipt by us.
  3. Acceptance can be declared in writing (e.g. by order confirmation) or also implied, e.g. by the execution of the order.
  4. Contracts for continuous or regularly recurring services (continuing obligation) are concluded for a period of one year, unless otherwise agreed in writing. If the contractual relationship is not terminated at the latest 3 months before its expiry, it shall be extended by a further year in each case.

§ 3 Prices and terms of payment

  1. The individually agreed prices apply, plus statutory turnover tax. Any customs duties, fees, taxes and other public charges shall be borne by the customer.
  2. The remuneration shall be due and payable after execution of the order, at the latest within 14 days after receipt of the invoice. Upon expiry of the payment deadline, the customer shall be in default even without a reminder. During the period of default, the remuneration shall bear interest at the statutory default interest rate applicable from time to time. We reserve the right to assert further damage caused by delay. Our claim to the commercial due date interest (§ 353 HGB) remains unaffected.
  3. The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed.
  4. We are entitled to set off our own claims against claims of the customer.

§ 4 Services, loan of protective equipment

  1. If agreed in individual cases, we will collect the items to be cleaned from the customer at the customer's expense. In all other cases, the customer shall hand in the items to be cleaned at our office (in Goch or Oldenburg, depending on the agreement) in due time and at his own expense.
  2. If agreed, we check the personal protective equipment for conformity to standards.
  3. For the period of cleaning, we provide our customers - with the appropriate agreement – with loan protection equipment.
  4. The rental protection equipment remains our property. The customer shall treat the rental protective equipment with care, in particular store it properly and protect it from foxing / greying and use it exclusively for the intended purpose.
  5. The customer must notify us of any defects in the rental protective equipment immediately after becoming aware of them. The customer shall be responsible for lost, damaged or spoiled rental equipment due to improper handling.

§ 5 Our duties

  1. We carry out our work with due professional care.
  2. We chip the items to be cleaned in the course of the first cleaning job for the purpose of identification. We also identify our rental equipment with a chip.
  3. We are entitled to use subcontractors at our own expense without prior consultation with the customer. The use of a subcontractor does not release us from our contractual obligation. Our subcontractor is our vicarious agent.
  4. The items to be cleaned shall be insured against fire and damage by natural forces at our expense from the time of acceptance (delivery by the customer or collection by us from the customer) until the time of return to the customer.

§ 6 Cooperation obligations of the customer

  1. The customer is obliged to create the necessary conditions for safe, smooth and proper performance of the service, in particular the customer must make the items to be cleaned available to us in good time before the service is provided - unless otherwise agreed, by handing them in at our office -, empty the bags of the items to be cleaned in advance and check them himself for damage before cleaning. The customer must inform us of any damage existing in advance at the latest upon delivery (by the customer) or collection (by us) of the protective equipment to be cleaned.
  2. The contractual fulfilment of our performance presupposes that our customer has fulfilled his obligations to cooperate in accordance with para. (1) complied with.
  3. If the customer does not fulfil his obligations to cooperate in accordance with the contract or not within the agreed period or if we are prevented from carrying out the work assigned by the customer due to other circumstances that are attributable to the customer's sphere of risk, we may demand reasonable compensation for any additional expenses caused by this in addition to the remuneration.
  4. The customer must ensure that - in the event that collection of the items to be cleaned by us has been agreed - the specific delivery and collection location of the items is accessible by our delivery vehicle. Means of transport provided by us are and remain our property and may not be used for any other purpose.
  5. The customer shall provide new (unmarked) and already marked items to be cleaned separately in each case.

§ 7 Bad performance

If the customer has knowledge that our performance is not in accordance with the contract, he must inform us in writing without delay - in the case of obvious defects at the latest within 10 working days of the performance of the service. In the case of hidden defects, this period for giving notice of defects shall commence upon discovery of the defect. If a service is not provided or not provided in accordance with the contract and we are responsible for this, we are obliged to provide the service in accordance with the contract within a reasonable period of time without additional costs for the customer. The customer's other statutory claims, in particular for damages or reimbursement of expenses, shall remain unaffected by this.

§ 8 Liability, limitation period

  1. We shall be liable without limitation
    • in the event of intent or gross negligence,
    • for injury to life, limb or health,
    • in accordance with the provisions of the Product Liability Act and
    • to the extent of any warranty assumed by us.
  1. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), our liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
  2. There is no further liability.
  3. The above limitation of liability also applies to the personal liability of our employees, representatives and bodies.
  4. The limitation period for claims based on material defects and defects of title is one year after the service has been provided. The statutory limitation in the cases mentioned in para. (1) described above shall remain unaffected.
  5. We accept no liability for damage and loss to the unremoved pocket contents of the items to be cleaned or other items connected to them, or for damage caused by a condition of the items to be cleaned that is not obviously suitable for the intended cleaning process, in particular damage caused by insufficient strength of the fabric, seams, insufficient fastness of dyeing and printing, shrinkage or previous improper treatment.

§ 9 Force majeure

Serious events which entail unforeseeable consequences for the performance of services - in particular force majeure, natural disasters, industrial disputes, riots, armed conflicts, terrorist conflicts or epidemics (including epidemics and pandemics) insofar as a risk level of at least "moderate" is defined by the Robert Koch Institute - shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect, even if they should be in default. This does not automatically terminate the contract. The contracting parties are obliged to notify each other of any such impediment and to adjust their obligations to the changed circumstances in good faith.

§ 10 Final provisions

  1. These GTC and the contractual relationship between us and the customer described in § 1 shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods, and excluding reference norms of private international law.
  2. The place of jurisdiction - also international - for all disputes arising directly or indirectly from the contractual relationship is our registered office in Goch.
    However, we are also entitled in all cases to bring an action at the place of performance of the service pursuant to these GTC or an overriding individual agreement or at the customer's general place of jurisdiction. Overriding statutory provisions, in particular on exclusive competences, shall remain unaffected.
  3. Should individual provisions of these GTC be or become ineffective, void or contestable, the remaining conditions shall remain unaffected.
  4. We store our customers' data in accordance with the applicable legal provisions on data protection.

LOCATION NRW

7YRDS Deconservice GmbH
Von-Monschaw-Straße 12a
47574 Goch, Germany
T  + 49 2823 97 654 - 290
E  deconservice@7yrds.com

LOCATION NIEDERSACHSEN

Textilreinigung ECKHARDT GmbH
Bloherfelder Straße 229
26129 Oldenburg, Germany
T  + 49 441 36 199 431
E  info@textilreinigung-eckhardt.de

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