I. GENERAL TERMS AND CONDITIONS SCHNIERING GMBH

1. scope of application
1.1 The following General Terms and Conditions of Schniering GmbH (“GTC”) shall apply to the services agreed between Schniering GmbH and the Client, including the ancillary services and other ancillary obligations provided within the scope of the execution of the order (hereinafter jointly referred to as “Services”). In addition to and with priority over these GTC, the special terms and conditions under Section II.
1.2 Clients within the meaning of these Terms and Conditions may be both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction with Schniering GmbH for purposes which can predominantly neither be attributed to his commercial or independent professional activity. (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with Schniering GmbH, acts in the exercise of his commercial or independent professional activity (§ 14 BGB). Legal entities under public law and special funds under public law shall also be deemed to be entrepreneurs within the meaning of these Terms and Conditions. If the client is a consumer, the “Special Terms and Conditions for Consumers” shall apply in addition to and with priority over the GTC and the special terms and conditions in section II.
1.3 Any conflicting or deviating terms and conditions of the client shall not apply and are hereby excluded. General terms and conditions of the client shall not become part of the contract even if Schniering GmbH does not expressly object to them, accepts payments from the client without reservation or provides the services without reservation.
1.4 Within the framework of an ongoing business relationship with entrepreneurs, these GTC and the special terms and conditions shall also apply to future contracts with these entrepreneurs without Schniering GmbH having to refer to them again separately in each individual case.
1.5 Insofar as these GTC or the special terms and conditions refer to “accreditors”, this also includes accreditation organisations and recognition organisations; the terms “accreditation specifications”, “accreditation requirements” and “accreditation procedures” apply accordingly to the specifications and procedures of the accreditation or recognition organisations.
1.6 Insofar as these GTC or the special terms and conditions refer to a written form requirement, text form within the meaning of Section 126b of the German Civil Code (BGB) shall be sufficient for compliance with the written form requirement.
1.7 Individual agreements made with the Client in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or the written confirmation of Schniering GmbH shall be authoritative for the content of such agreements.
2 Offers and conclusion of contract; term
2.1 The contract shall be concluded by the signing of the offer letter of Schniering GmbH or a separate contractual document by both contracting parties or by the provision of the services requested by the client by Schniering GmbH. If the client places an order with Schniering GmbH without a prior offer by Schniering GmbH, Schniering GmbH shall be entitled, at its sole discretion, to accept the order by written declaration of acceptance or by rendering the ordered services.
2.2 Insofar as a specific term of the contract is agreed, this shall be based on what is agreed in the offer of Schniering GmbH or in the contract. An agreed term shall be extended in each case by the term provided for in the offer or contract if the contract is not terminated in writing by one of the contracting parties three (3) months before expiry.
3. service provision and scope
3.1 The scope and nature of the services to be rendered by Schniering GmbH shall be determined by the contractually agreed service description of Schniering GmbH. If there is no separate service description of Schniering GmbH, the last offer of Schniering GmbH shall be decisive for the services to be rendered. Changes to the performance description may only be agreed by the parties in writing. Unless otherwise agreed, services outside the service description (e.g. the inspection of the correctness and functionality of parts, products, processes, plants, organisations not listed in the service description, as well as the intended use and application of such) are not owed. In particular, no responsibility is assumed for the design, choice of materials, construction or intended use of an examined part, product, process or system, unless this is expressly the subject of the order.
3.2 Schniering GmbH shall be entitled to determine the method of performance itself, including any examinations or tests carried out, at its own proper discretion, unless otherwise agreed in writing or unless mandatory regulations require a specific procedure.
3.3 If, after conclusion of the contract, mandatory statutory regulations and standards or official requirements for the agreed services change, Schniering GmbH shall be entitled to additional remuneration for the resulting additional expenditure.
3.4 Unless contractually agreed, Schniering GmbH shall not assume any warranty for the correctness of the safety programmes or safety regulations on which the tests are based, which have been provided by the client himself or by third parties.
3.5 The services owed under the contract are agreed exclusively with the client. Any contact of third parties with the services of Schniering GmbH, as well as making available and establishing trust in the performance results shall not be part of the agreed services. This shall also apply if the Client passes on the results of the performance – in full or in part – to third parties in accordance with clause 10.4.
3.6 The parties shall not include any third parties in the scope of protection of the contract unless the parties have expressly agreed in writing to the inclusion by naming the third party.
4. performance deadlines/schedules
4.1 The performance periods and dates stated in the contract are non-binding unless the performance periods and dates are expressly marked as binding in the contract.
4.2 The Client may only withdraw from the contract due to delays in performance in accordance with the statutory provisions insofar as Schniering GmbH is responsible for the delay in performance. Any statutory rights of termination (e.g. according to §§ 648 f. BGB) shall remain unaffected. Schniering GmbH shall in particular not be responsible for a delay in performance if the client has not fulfilled his obligations to cooperate according to clause 5.1 or has not done so in due time and in particular has not provided Schniering GmbH with all documents and information required for the performance of the service as specified in the contract.
4.3 Insofar as the client is obliged to comply with statutory, officially prescribed and/or accredited deadlines, it is the responsibility of the client to agree performance dates with Schniering GmbH that enable the client to comply with the statutory and/or official deadlines. Schniering GmbH shall not assume any responsibility in this respect.
5. cooperation of the client
5.1 The client shall perform or provide all necessary acts of cooperation and/or provision, in particular the acts of cooperation and/or provision referred to in the special terms and conditions in clause II, and provide information enabling Schniering GmbH to perform the contractual services in conformity with the contract. The client shall be responsible for ensuring that all necessary acts of cooperation, provisions and information on his part, on the part of his vicarious agents and assistants or other third parties attributable to his sphere are provided in good time and free of charge for Schniering GmbH.
5.2 All acts of cooperation, provisions and information referred to in clause 5.1 must comply with the relevant statutory provisions, standards, safety regulations and accident prevention regulations.
5.3 The client shall bear any additional expenses incurred due to the fact that services have to be repeated or are delayed as a result of late, incorrect or incomplete information or improper cooperation. Even if a fixed or maximum price has been agreed, Schniering GmbH shall be entitled to charge for this additional expenditure.
6. prices; billing for services
6.1 Insofar as Schniering GmbH and the client have agreed on a fixed lump sum price in the contract, this shall be invoiced. If the scope of services is not conclusively defined in writing at the time of conclusion of the contract, the services rendered by Schniering GmbH shall be invoiced according to the time spent at the fee agreed in the contract. If the amount of the fee has not been agreed in writing in the contract, invoicing shall be carried out according to the price list of Schniering GmbH valid at the time of performance of the service, which shall be made available to the client accordingly upon request. Unless otherwise agreed, all prices shall be subject to the applicable value added tax.
6.2 Partial acceptance is possible. In the case of partial acceptance, the partial payment shall be due after successful acceptance of individual parts of the work.
6.3 Schniering GmbH shall be entitled to demand down payments for services already rendered in accordance with the contract in the amount of the value of the services rendered by it and owed under the contract.
6.4 The provisions of Section 632a (1) sentences 2 to 5 BGB shall apply mutatis mutandis.
7. terms of payment/costs/invoicing
7.1 All invoice amounts are due for payment immediately without deduction upon receipt of the invoice. Discounts and rebates shall not be granted.
7.2 Payments shall be made to the bank account of Schniering GmbH indicated in the invoice, stating the invoice and customer number.
7.3 In the event of default, Schniering GmbH shall be entitled to demand default interest at the statutory rate. The right to claim further damages is reserved.
7.4 If the Client is in default with the payment of the invoice, Schniering GmbH shall be entitled, after the expiry of a reasonable grace period, to withdraw from the contract with the Client and
a) withdraw a certificate or test mark already granted, reclaim work results, such as test reports, and declare declarations of conformity invalid
b) in the event that the contract is a continuing obligation or a contract with an agreed term, to terminate it without notice.
7.5 Insofar as Schniering GmbH becomes aware of circumstances after conclusion of the contract from which an insolvency or other significant deterioration of the financial circumstances of the client arises or threatens to arise and the fulfilment of the contractual obligations is endangered as a result, Schniering GmbH shall be entitled to refuse the corresponding services under the contract. The right to refuse performance shall cease to apply if the client performs the contractual obligations or provides security in the amount of the endangered payment claim. If the client does not provide either the services owed or adequate security within a reasonable period of time, Schniering GmbH shall be entitled to terminate the contract while maintaining claims for compensation.
7.6 Complaints about invoices from Schniering GmbH must be made in writing within 2 weeks of receipt of the invoice. Schniering GmbH shall make special reference to the aforementioned period in its invoices.
7.7 Schniering GmbH shall be entitled to demand a reasonable advance payment of costs, insofar as this is reasonable for the client, taking into account the value of the order and the scope of the service owed by Schniering GmbH.
7.8 Only legally established or undisputed claims may be set off against claims of Schniering GmbH. This offsetting restriction shall not apply insofar as claims and counterclaims of Schniering GmbH and the client are concerned which are based on the same legal relationship. The same shall apply to the assertion of rights of retention by the client.
8. decrease
8.1 In the case of agreed services under a contract for work and services or if acceptance has been contractually agreed, the Client shall be obliged to accept the work immediately after notification of completion, even in the case of partial performance or completion of self-contained parts. The costs of the acceptance shall be borne by the Client.
8.2 If the Client does not comply with its acceptance obligation without delay, acceptance shall be deemed to have taken place four (4) calendar weeks after performance of the service, if Schniering GmbH specifically draws the Client’s attention to the aforementioned period at the time of performance of the service.
8.3 The Client is not entitled to refuse acceptance due to insignificant defects.
9. Confidentiality
9.1 “Confidential Information” means all information, documents, images, drawings, know-how, data, samples and project documents handed over or otherwise disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) from the commencement of the Contract. This includes paper and electronic copies of such information. If provided in writing or other physical form, Confidential Information must be marked “confidential” or similar wording indicating the confidential nature of the information. In the case of Confidential Information that is disclosed orally, appropriate prior information must be provided. Confidential information expressly does not include (non-personal) data and know-how collected, compiled or otherwise obtained by Schniering GmbH in the course of the provision of services. Schniering GmbH is entitled to store, use, develop and pass on the data obtained in connection with the provision of services for the purpose of developing new services, improving services and analysing the provision of services.
9.2 Confidential information
a) may only be used by the receiving party to fulfil the purpose of the contract, unless there is an express written agreement to the contrary with the disclosing party,
b) may not be reproduced, distributed, published or disclosed in any other form by the receiving party, with the exception of such Confidential Information as is necessary for the fulfilment of the purpose of the contract or such Confidential Information which the receiving party is obliged to disclose on the basis of a court order or statutory or official provisions. This also applies in particular to Confidential Information that must be passed on by Schniering GmbH to supervisory authorities and/or accreditors in connection with an accreditation procedure or that is passed on to companies or subcontractors associated with Schniering GmbH or their respective employees in the context of the provision of services.
(c) shall be treated confidentially by the receiving party in the same manner as the receiving party treats its own confidential information, but in no event less carefully than with due regard to objectively necessary care.
9.3 The Receiving Party shall only disclose the Confidential Information received from the Disclosing Party to those persons who need it to perform services under this Agreement. Such persons shall include advisors to the Receiving Party and its Affiliates.
9.4 Such information is excluded from the confidentiality obligation,
(a) which was already generally known at the time of publication or which becomes generally known to the public without a breach of this Agreement; or
(b) which were demonstrably known to the receiving party at the time of the conclusion of the contract or are thereafter legitimately made known to it by a third party; or
(c) which were already in the possession of the receiving party prior to transmission by the disclosing party; or
(d) independently developed by the receiving party independently of the transmission by the disclosing party.
9.5 Confidential Information shall remain the property of the respective Disclosing Party. The Receiving Party hereby consents to promptly disclose to the Disclosing Party at any time upon the Disclosing Party’s request.
(i) return all Confidential Information, including all copies thereof, to the Disclosing Party or, if so requested by the Disclosing Party, to the Disclosing Party
(ii) destroy the Confidential Information, including all copies thereof, and confirm in writing to the Disclosing Party the fact of such destruction. The foregoing obligation to return or destroy shall not apply to
a) for the reports and certificates prepared exclusively for the fulfilment of the contractual obligations under the contract for the Principal, which shall remain with the Principal. Schniering GmbH shall, however, be entitled to keep copies of these reports and certificates and the Confidential Information forming the basis for the preparation of these reports and certificates in its files as evidence of the proper performance of the contract and for general documentation purposes;
b) for Confidential Information that is deposited on backup servers or in analogue backup systems in the generation principle during routine data backups as part of usual archiving processes;
c) to the extent that laws, regulations, orders of a competent court or an administrative or supervisory authority or an accreditor conflict therewith.
9.6 This confidentiality obligation shall exist from the beginning of the contract and shall continue to apply for a period of five years after termination of the contract.
10. copyrights and rights of use, publication
10.1 The copyrights of the reports, test reports, test results, expert opinions, results, calculations, representations etc. prepared within the scope of the order. (hereinafter referred to as “performance results”) shall be held by Schniering GmbH. As the owner of the copyrights, it shall be free to grant others the right to use the performance results for individual or all types of use (“right of use”).
10.2 The Client shall receive
a simple, unlimited, non-transferable, non-sublicensable right of use to the contents of the
service results created within the scope of the order, unless a deviating regulation has been contractually agreed in individual cases. The right of use is limited in terms of content to the contractual purpose (e.g. use of test reports, audit reports as evidence of audits carried out or, in the case of a contractually agreed review of a management system for conformity with certification conditions, as evidence of the corresponding decision).
10.3 The transfer of rights of use to the results of the services produced as regulated in section 10.2 of these GTC is subject to full payment of the remuneration agreed in favour of Schniering GmbH in each case.
10.4 The client may only pass on the performance results in complete form, unless Schniering GmbH has given its prior written consent to the passing on of performance results in excerpts.
10.5 Any publication or reproduction of the performance results for advertising purposes or any further use of the performance results beyond the scope regulated in section 10.2 shall require the prior written consent of Schniering GmbH in each individual case. For the avoidance of doubt, the Client shall be responsible for any publication or reproduction of the results of the services for advertising purposes.
10.6 Schniering GmbH may revoke a consent once granted pursuant to section 10.5 at any time without stating reasons. In this case, the client shall be obliged to immediately stop or discontinue the dissemination of the performance results at its own expense and to withdraw publications as far as possible.
10.7 The consent of Schniering GmbH to publication shall not entitle the client to use the logo of Schniering GmbH or the corporate design of Schniering GmbH as reference advertising.
11. defects
11.1 The statutory rights in respect of defects shall apply unless otherwise provided for in these terms and conditions.
11.2 In the event of a defect, the Client shall be entitled to subsequent performance. The supplementary performance shall be carried out at the discretion of Schniering GmbH by rectification or new delivery. The supplementary performance by Schniering GmbH shall basically be carried out as a gesture of goodwill and without acknowledgement of a legal obligation. An acknowledgement with the consequence of a new start of the limitation period shall only exist if Schniering GmbH has expressly declared this to the client. If the supplementary performance fails, the client shall be entitled, at his discretion, to withdraw from the contract or to reduce the price. Subsequent performance shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances.
11.3 Notification of defects by the Client must be in writing.
11.4 The Client’s claims for defects governed by this Clause 11 shall become statute-barred within one (1) year from the statutory commencement of the limitation period; a corresponding preclusion period within the meaning of § 218 BGB shall apply to rights due to a defect. Notwithstanding the foregoing, the statutory limitation period shall apply a) with respect to all claims and rights of the Principal in the cases of § 438 para. 1 no. 1 BGB, § 438 para. 1 no. 2 BGB, § 445b para. 1 BGB and § 634a para. 1 no. 2 BGB as well as in the case of fraudulent concealment of the defect or b) in the case of claims for damages in the event of injury to life, body or health, claims under the Product Liability Act as well as grossly negligent or intentional breaches of duty.
11.5 Apart from the claims mentioned in this clause 11, the Client shall not be entitled to any further claims and rights due to defects, with the exception of claims for damages and reimbursement of expenses. Liability for damages and reimbursement of expenses shall be governed by clause 12 of these GTC.
12. compensation for damages and expenses
12.1 Schniering GmbH shall not be liable for damages or reimbursement of expenses, irrespective of the legal grounds – in particular due to defects, breach of duties arising from the contractual obligation as well as tort. This applies in particular, but not exclusively, to claims for damages due to lost sales or profit, financing costs as well as damages due to operational standstill or loss of production.
12.2 This exclusion of liability pursuant to clause 12.1 shall not apply in the case of
a) intent or gross negligence,
b) liability for guaranteed characteristics, c) liability based on the Product Liability Act as well as d) due to culpable injury to life, body or health. In addition, Schniering GmbH shall also be liable in accordance with the statutory provisions in the event of a breach of essential contractual obligations, i.e. obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the client regularly relies on and may rely on.
12.3 Insofar as Schniering GmbH is not liable due to intent or gross negligence,
injury to life, body or health, for guaranteed characteristics or according to the Product Liability Act, the liability of Schniering GmbH in the event of a breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract.
12.4 Insofar as liability is excluded or limited in accordance with this clause 12, this shall also apply to the personal liability of the employees, representatives, bodies and other staff of Schniering GmbH and its vicarious agents.
12.5 The limitation period for claims for damages and reimbursement of expenses shall be governed by the statutory provisions.
12.6 A change in the burden of proof to the detriment of the Client is not associated with the above provisions.
12.7 Unless otherwise stipulated in writing in the contract, Schniering GmbH shall be liable under the contract only to the client and, if applicable, to a third party named in writing in the contract. Liability towards other third parties is excluded with the exception of liability in tort.
13 FORCE MAJEURE (Force Majeure)
13.1 Force majeure means the occurrence of an event or circumstance that prevents a party from performing one or more of its obligations under the agreement. Force majeure in this sense shall be deemed to exist if and to the extent that the party claiming force majeure proves:
(a) that any such impediment to performance is beyond its reasonable control; and
(b) that it was not reasonably foreseeable at the time the contract was made; and
(c) that the effects of the impediment could not reasonably have been avoided or overcome by the affected party.
13.2 In the absence of proof to the contrary, the following events
affecting a party shall be
presumed to satisfy conditions (a) and (b) under paragraph 1 of this clause:
(i) War (whether declared or not), hostilities, invasion, act of foreign enemy, full-scale military mobilisation;
(ii) civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage or piracy;
(iii) Currency and trade restriction, embargo, sanction;
(iv) lawful or unlawful official act, compliance with laws or government orders, expropriation, seizure of works, requisition, nationalisation;
(v) Plague, epidemic, pandemic, natural disaster or extreme natural event;
(vi) explosion, fire, destruction of equipment, prolonged failure of transportation, telecommunications, information systems or power;
(vii) general labour unrest such as boycotts, strikes and lockouts, slowdowns, occupations of factories and buildings.
13.3 A party who successfully invokes this clause shall be relieved of its obligation to perform its contractual obligations and of any liability for damages or any other contractual remedy for breach of contract from the time when the impediment causes the inability to perform, provided that notice is given without delay. If the notice is not given promptly, the relief shall take effect from the time when the notice is received by the other party. If the effect of the asserted impediment or event is temporary, the above consequences shall apply only for as long as the asserted impediment hinders the performance of the party concerned. If the duration of the asserted impediment has the effect of substantially depriving the parties of what they could reasonably expect under the contract, either party shall have the right to terminate the contract by giving notice to the other party within a reasonable period. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the hindrance exceeds 120 days.
14 Export control
14.1 In the event of transfer of the services rendered by Schniering GmbH or parts thereof to third parties in Germany or abroad, the Client shall comply with the applicable provisions of national and international (re-)export control law.
14.2 The fulfilment of a contract with the Client is subject to the proviso that there are no obstacles to fulfilment on the basis of national or international regulations of foreign trade law and no embargoes and/or sanctions.
15 Partial invalidity, place of performance, place of jurisdiction
15.1 In the event that one or more provisions of these GTC are invalid, the remaining provisions of these GTC shall remain unaffected.
15.2 The place of performance for all obligations under these GTC or the contract, including subsequent performance, shall be the registered office of Schniering GmbH, which provides the performance owed under the contract.
15.3 The place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Essen, insofar as the Client is a merchant, a legal entity under public law or a special fund under public law. However, Schniering GmbH shall be entitled to sue the client at his general place of jurisdiction or at any other competent court. The above provisions shall not apply if an exclusive place of jurisdiction is given by law. In relation to non-merchants, Essen shall be the place of jurisdiction if the client moves his domicile or habitual residence abroad after conclusion of the contract or if his domicile or habitual residence is not known to Schniering GmbH at the time of the judicial assertion of the claims.
15.4 The legal and business relations between Schniering GmbH and the Client shall be governed exclusively by German substantive law, to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Sales Convention).
16. data protection notice
Schniering GmbH processes personal data of the contractual partner for the purpose of fulfilling this contract. In addition, Schniering GmbH also processes the data for other lawful purposes in accordance with the relevant legal basis in each case (e.g. weighing of interests / consent). The personal data of the contractual partner will only be disclosed to other natural persons or legal entities if the legal requirements for this exist. This also applies to transfers to third countries. The personal data will be deleted immediately as soon as a corresponding reason for deletion arises. Legal retention periods resulting, for example, from the German Commercial Code (HGB) or the German Fiscal Code (AO) are taken into account. The persons affected by the data processing can exercise the following data subject rights: right to information, right to correction, right to deletion, right to restriction of processing, right to object, right to data portability. In addition, data subjects have the right to revoke consent once given at any time with effect for the future, as well as the right to lodge a complaint with the competent data protection supervisory authority. For further details on the processing of personal data by Schniering GmbH as controller or processor, please refer to the respective data protection notices.
You can reach the data protection officer of Schniering GmbH by e-mail at:
info@datorum.de
and by post at the following address:

To the Data Protection Officer Schniering GmbH
Heegstraße 60
45356 Essen, Germany
Status May 2023
II Special Terms and Conditions Schniering GmbH
The following provisions apply in addition to the General Terms and Conditions of Schniering GmbH and take precedence over these in the event of contradictions.
1. transfer for use
1.1 As far as necessary, Schniering GmbH shall provide the client with the corresponding testing or measuring device (hereinafter referred to as “testing device”) for use within the scope of a test/measurement for the duration of the test/measurement. The functions of the testing device are conclusively defined in the manufacturer’s product description.
1.2 The transfer of use shall be free of charge unless the payment of a fee has been expressly agreed. The costs associated with the use of the testing device, in particular electricity costs, shall be borne by the Client.
1.3 The commissioning of the testing device shall be carried out exclusively by Schniering GmbH. The client is only permitted to operate the testing device with the express permission of Schniering GmbH and following instruction.
1.4 The client is obliged to use the test instrument only in a way that is covered by the purpose of the underlying contract. In particular, the client is obliged to refrain from anything that may cause damage to the test instrument.
1.5 The client is obliged to maintain the testing device in a condition in accordance with the contract. Occurring defects of the testing device shall be reported to Schniering GmbH in writing without delay. Usual wear and tear due to use shall not constitute deterioration of the condition.
1.6 The test device remains the property of Schniering GmbH. Transfer of use to third parties is not permitted. In the event of a gratuitous transfer of use, the client shall be obliged to surrender the testing device to Schniering GmbH at any time and without delay upon request – insofar as a time for the transfer of use has not been stipulated in the contract. The same shall apply in the event of premature termination of the test/measurement. Within the framework of the transfer of use against payment, Schniering GmbH may only demand the return of the testing device from the client in the event of termination of the contract on which the transfer of use is based.
2. termination of the contract
2.1 The contract may be terminated by either party at any time for good cause.
2.2 Schniering GmbH may terminate the contract for good cause in particular if
a) the client is repeatedly (at least three (3) times) in default with his acts of cooperation, finally refuses to do so or the execution is disrupted for a total of more than three (3) months for reasons for which Schniering GmbH is not responsible;
b) the client attempts to influence the measurement or test results of Schniering GmbH;
c) the Client – in the case of the transfer of use against payment – is in default with the payment of an invoice for the use of the test instrument for two (2) consecutive dates;
d) a significant deterioration of the financial situation of the client occurs and the payment claims of Schniering GmbH under the contract are considerably endangered and Schniering GmbH cannot reasonably be expected to continue the contractual relationship.
2.3 Notice of termination must be given in writing.
Status August 2021

III. Special Terms and Conditions for Consumers
For consumers, the following provisions shall apply with priority to the General and Special Terms and Conditions of Schniering GmbH:
1. offers and conclusion of contract
1.1 Enquiries of the client regarding the provision of services by Schniering GmbH made by means of remote communication (e.g. letter, fax, telephone, e-mail) are non-binding. After receipt of an enquiry, Schniering GmbH shall send the principal an offer by letter, fax or e-mail, listing details of the principal’s enquiry (including prices, total price and, if applicable, any additional other costs that may be incurred in the individual case, as well as the term of the contract or the conditions of termination of an indefinite contract or automatically renewing contracts) and to which these terms and conditions are attached (hereinafter referred to as “offer”). However, Schniering GmbH is not obliged to submit an offer. Upon receipt of the acceptance of the offer from Schniering GmbH by the client by letter, fax or e-mail, a contract is concluded between Schniering GmbH and the client. If, however, the offer is expressly designated by Schniering GmbH as “subject to confirmation” or “non-binding”, a contract shall only come into existence through an order placed by the client in response to the subject to confirmation or non-binding offer by Schniering GmbH by letter, fax or e-mail and the corresponding confirmation of acceptance by Schniering GmbH.
1.2 Schniering GmbH shall provide the client with a confirmation of the contract in which the content of the contract including these terms and conditions is reproduced on a permanent data carrier (e.g. by letter, fax or e-mail) after conclusion of the contract, but at the latest upon provision of the service.
2 Right of withdrawal
2.1 Consumers have the following right of withdrawal:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform Schniering GmbH, Heegstraße 60, 45356 Essen, Fax: 0201 86139-22, Tel.: 0800 9000-1030, info@schniering.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To Schniering GmbH, Heegstraße 60, 45356 Essen
Fax: 0201 86139-22
info@schniering.com:
 I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
 Ordered on (*) / received on (*)
 Name of consumer(s)
 Address of consumer(s)
 Signature of consumer(s) (only in the case of notification on paper)
 Date
_____________
2.2 In the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has fully performed the services and has only started to perform the services after the consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer’s consent must be transmitted on a durable medium.
3. prices
The fixed lump-sum prices or charges specified in the offer of Schniering GmbH are gross prices including the statutory value added tax.
4. defects
Sections 11.2 – 11.5 of the General Terms and Conditions do not apply to consumers.
5. export control
Clause 14 of the General Terms and Conditions does not apply to consumers.
6. online dispute resolution platform and consumer dispute resolution
6.1 The European Commission provides a platform for online dispute resolution, which can be found at https://.ec.europa.eu/consumers/odr.
6.2 Schniering GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
7. running time
7.1 The term of a contract shall be a maximum of two (2) years.
7.2 Notwithstanding Clause 2.2 sentence 2 of the GTC, an agreed term shall be extended by a maximum of one year if the contract is not terminated in writing by one of the contracting parties three (3) months before the expiry of the term provided for in the offer or contract.
Status August 2021