Terms and Conditions
1) Subject of services
1.1) Under the following conditions, AixMinerals provides services to his clients in the field of analytical measurements for the collection of geoscientific and material-scientific data. This includes the following measurement methods:
- X-ray diffraction
- Petrographic microscopy of thin-sections
- Cation exchange capacities of clay minerals using the "Cu-trien" method
- Conductivity titrations for determination of aspect ratios
- Ion chromatography
- Gas-physisorption measurements
- Acoustic spectroscopy
1.2) Any provisions deviating from these General Terms and Conditions must be made in writing. The assumption of a guarantee for certain properties (condition) also requires written confirmation by AixMinerals in order to be effective.
1.3) General terms and conditions of the customer, even if referred to in the context of the conclusion of the contract, only come into force with the written consent of AixMinerals.
2) Offers
2.1) Our offers are always subject to change and non-binding.
2.2) AixMinerals reserves the right of ownership and copyright to offers and other documents. They may not be made accessible to third parties. Documents belonging to the offers must be returned immediately if the customer's order is not placed.
2.3) We reserve the right to make minor technical deviations from the offer or technical and design deviations from descriptions and information in brochures, catalogues and written documents as well as model, design and material changes as a result of technical progress, without this giving rise to any rights against AixMinerals.
2.4) Delivery and performance dates or deadlines stated in the contracts are only binding if they have been expressly stipulated as binding.
3) AixMinerals services
With the services provided under these terms and conditions, AixMinerals supports its customers exclusively in projects which customers carry out on their own responsibility. AixMinerals does not assume any responsibility for a specific result in connection with the services provided, unless expressly agreed otherwise.
4) Services of the customer
In order to fulfil its obligations, AixMinerals regularly relies on the support of the customer. The customer will therefore support AixMinerals to the extent necessary in the provision of the services. If this support is not provided to the required extent, any agreed deadlines shall become invalid and shall be adjusted accordingly.
5) Rights of use
5.1) All industrial property rights in connection with the services of AixMinerals, in particular copyrights to services rendered, remain with AixMinerals. The customer is granted those rights of use which are necessary for the contractual use of the services and the results delivered by AixMinerals. If the customer intends to grant third parties rights of use to the services provided, this requires the written consent of AixMinerals.
5.2) AixMinerals reserves all rights (ownership, copyright and other intellectual property rights) in relation to the services provided and the methods used in the provision. In particular, patents, software and other new developments of the methods used which are developed within the framework of orders remain with AixMinerals unless otherwise agreed in writing.
6) Cancellation
If the customer terminates the contract or individual parts of the service before the service is provided, AixMinerals retains the full payment claim for contracts that are processed at a fixed or minimum price. However, AixMinerals must take into account any expenses saved as a result of the termination.
7) Prices and terms of payment
7.1) Invoicing shall take place after performance of the service.
7.2) All prices are quoted in EURO plus the applicable statutory value added tax.
7.3) The customer shall pay without deduction within 14 days of the invoice date at the latest.
7.4) The statutory provisions shall apply to the occurrence of default in payment and its consequences.
7.5) If the provision of services extends over more than one month, AixMinerals may demand payment on account for services rendered during the processing of the order.
7.6) If, after the conclusion of the contract, AixMinerals becomes aware of circumstances that call into question the creditworthiness of the customer, AixMinerals is entitled to make its services dependent on the advance payment of the agreed fees or a security deposit in the same amount.
7.7) Offsetting with claims that have not been legally established or recognised is excluded. The customer may only assert a right of retention with regard to counterclaims arising from this contractual relationship.
8) Warranty and liability
8.1) AixMinerals will perform the services with due care and in compliance with the recognised rules of technology. AixMinerals will remedy defects proven and notified in writing within the legally stipulated periods within a reasonable period of time. Further claims are excluded.
8.2) AixMinerals is only liable for intentional and grossly negligent actions. Liability for gross negligence is limited to the amount of the order sum for proven damages.
8.3) Samples, data sets and other working materials provided by the client are stored by AixMinerals only at the risk of the client. AixMinerals is only liable for due diligence in its own affairs. If the customer has not reclaimed these working materials within one year or the data sets within three years of their last use by us, and there is no written agreement to the contrary, AixMinerals is entitled to destroy them.
9) Confidentiality
The contracting parties undertake to maintain confidentiality for an unlimited period of time with regard to business and trade secrets as well as information designated as confidential which is made accessible in connection with the execution of the contract. The disclosure to third parties not involved in the execution of the order shall only take place with the prior written consent of the respective other contracting party.
10) General
10.1) The rights arising from the contract may only be transferred to third parties with the consent of AixMinerals, with the exception of the transfer to companies affiliated with the customer within the meaning of § 15 of the German Stock Corporation Act (AktG).
10.2) If a provision within the contractual relationship of the contracting parties is invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by another provision that comes as close as possible to the originally intended purpose.
10.3) German law shall apply to the contractual relationship.
Nicolai Thüns, Owner of AixMinerals. Last updated 01.04.2021
