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General Terms and conditions:
These terms and conditions apply to services provided by 2bind GmbH, Regensburg, Germany and if possible the affiliate of 2bind that is processing this order according to the detailed description in the applicable quotation or other written statement of service. With the placement of an order the customer accepts these terms and conditions.
2. Performance of work
2bind will perform the services under highest scientific standards. 2bind will make a good faith effort to start and complete all services on time and will notify the customer if substantial delays are likely. 2bind will comply with all laws and regulations generally applicable to services and with any specific regulatory framework agreed in the quotation or the statement of service.
3. Pricing and terms of payment
Dependent on the customer’s project, 2bind will offer the customer a price within a personal quote, which shall apply accordingly, upon customer’s acceptance by ordering. The prices may be changed without notice. The prices do not include value added tax, if not stated differently in the quote. Furthermore, the prices do not include costs for shipping and handling, if not stated differently in the quote. Invoices shall be due and payable after 30 days after invoice date without deduction. Payments must be settled via bank transfer to our bank account in Euro without any deduction.
4. Quotation and Ordering process
The quotation 2bind offers is without obligation and valid for thirty (30) days. The customer may place orders by email or telephone. The quotation and the order only become legally binding after the order is confirmed by us or after the invoice is sent to the customer. With the event of ordering the customer accepts these general terms and conditions. In case of cancellation of an order, 2bind may charge the costs which resulted from the cancellation.
5. Customer´s materials and data
The customer will provide 2bind with material in compliance with applicable laws and regulations and in sufficient amounts, as well as relevant safety information and other characteristics of customer´s material needed by 2bind to perform the services. Either the customer ships the material on own expense or 2bind organizes the shipment for the customer. In the latter case, 2bind will charge the costs for the shipment including freight costs, charges, taxes or customs duties. 2bind offers to order material at a third party company for the customer to be able to perform the services. In this case, 2bind will charge the material handling. Customer´s materials and all information about the materials shall be subject to the confidentiality and non-use requirements of section 7. Upon completion of the services, 2bind will maintain records of the data for a period of no less than two (2) years. Any material not consumed in the service will be destroyed after six (6) months, unless otherwise specified in the statement of service or agreed in writing. 2bind will not transfer customer´s material to any third party without written approval of the customer.
6. Ownership and intellectual property
The customer shall be exclusive owner of (i) the data, the (ii) material and any inventions or discoveries that are directly result of the performance of the services and that directly relate to customer´s material.
2bind shall treat all data and customer´s material as proprietary and confidential to the customer and will not disclose data or customer´s material to any person except its employees and subcontractors as necessary for purposes of providing the services. This case shall be specified in a written confidentiality agreement. If 2bind discloses any information or material comprising 2bind technology to the customer, the customer shall treat such information and materials as proprietary and confidential to 2bind.
8. Limited Warranty
2bind´s sole warranty for the performance of services is that the service will be performed using due care in accordance with (i) the quotation or statement of service and (ii) laws, regulations and industry standards applicable to such services. 2bind cannot warrant that the services will lead to the results the customer expected or wanted. Furthermore, 2bind does not warrant that the results of the services will be accepted by any regulatory agency. In case of an error in the services, the customer´s sole remedy is that either (i) 2bind will repeat the particular service on own expense or (ii) refund the fees actually paid for the particular work giving rise to the breach of warranty. 2bind shall not be liable hereunder, under any legal theory, for any indirect or consequential damages, loss of profits or loss of business. Nothing in these terms and conditions shall limit or exclude the liability of either party for death or personal injury resulting from negligence or for fraud or fraudulent misinterpretation.
9. Governing law and jurisdiction
The sole place of jurisdiction is Regensburg, Germany. All disputes resulting from the contractual relation are subject to the laws of the Federal Republic of Germany.