1. General Terms and Conditions
All business between the Hamburgische Schiffbau-Versuchsanstalt GmbH (hereafter called “HSVA”) and the Customer will be conducted only in accordance with the terms and conditions contained herein, unless other conditions have been agreed upon in writing by HSVA.
The terms and conditions contained herein have priority over any differing or additional terms of the Customer. Verbal arrangements between HSVA and the Customer are not valid unless acknowledged in writing by HSVA.
All quotations made by HSVA are made without obligation. Orders by the Customer must be confirmed by HSVA, at which time they become valid. Modifications or additional terms of the quotation are only valid if agreed to and acknowledged by HSVA in writing.
3. Prices and Payment
If not stated otherwise in the quotation, the payment schedule is based on work progress and includes an initial payment of 30% at time of order. Travelling expenses, charged according to expenditure, will be invoiced with a mark-up of 20%. Invoices have to be settled immediately; no discount will be granted. If payment is not made within six weeks of the date of invoice, HSVA is entitled to discontinue all current services for the Customer. In such a case HSVA shall not be held liable for any delay in carrying out their respective obligations. HSVA reserves the right to charge the Customer an interest rate of 8% above the currently valid ECB base rate p.a. from date of invoice. In case of withdrawal from the contract on the part of the Customer, the Customer must pay for all services rendered by HSVA within the ongoing project as well as for all costs concerned with the withdrawal, but at least 10% of the order value. Additional cancellation fees for unused test slots are specified in the quotation.
4. Cooperation of the Customer, Deadlines
HSVA can only complete the services within the time stipulated in the contract, if required specifications, drawings and technical information have been provided to HSVA according to the agreed time schedule. Should HSVA not receive the information according to the agreed time schedule or in the case that modifications are required, HSVA will not be held responsible for necessary revisions. Final or provisional deadlines mutually agreed upon are binding for both parties. If HSVA is not able to complete the services within the time agreed upon in the contract due to urgent circumstances, a written notice will be given to the Customer without delay. Should the Customer provide models, measuring instruments or any other devices for HSVA’s disposal in order to execute the order, the Customer is liable for the quality, functionality and characteristics of such devices. HSVA cannot be held responsible for the suitability or condition of such devices. Transportation charges must be paid by the Customer.
HSVA guarantees to duly execute all services according to the current state of the art. HSVA is not liable for any manufacturing performed or information delivered erroneously by the customer.
In case of negligence or intentional breaches of contract, HSVA’s liability is limited to the value of the order. Claims of any kind must be made within 4 weeks after completion of services.
If the deficiency is proved to be within the responsibility of HSVA, HSVA will repeat tests or calculations and/or revise reports at no additional cost to the Customer. All services of HSVA such as designs, calculations and measurements etc. are scientific research and development, for which HSVA takes no responsibility for success and consequently cannot be made liable.
6. Copyrights, Patents, Models and Designs
HSVA retains copyrights, trademarks or other rights as applicable for all drawings, models, or calculation methods produced either by itself or under contract for the Customer. With the exception of the ship models built for the Customer, the devices and propellers manufactured by HSVA for the tests shall remain HSVA property.
Drawings, measurement methods, reports or any other documents produced by HSVA are not to be disclosed to third parties without written notice by HSVA. The results of HSVA's investigations, however, shall be Customer’s intellectual property.
HSVA will treat all results developed and obtained within the project confidentially, and will not disclose or publish such results without prior consent of the Customer.
7. Place of Fulfilment and Jurisdiction
This contract shall be governed by the laws of the Federal Republic of Germany. Hamburg is place of fulfilment for all deliveries, services and payments as well as place of jurisdiction.
The Agreement of the United Nations dated 11.04.1980 regarding contracts for the international purchase of materials and goods is not applicable.
8. Partial Invalidity
If clauses of these General Terms and Conditions are or will be declared invalid or will be annulled, all other terms and conditions remain valid. In such a case the invalid or annulled clauses must be replaced by those which comply with or come closest to the economic purpose of the invalid or annulled clauses.
Hamburg, July 2015
Hamburg Ship Model Basin
|Sitz Hamburg - Amtsgericht Hamburg HRB 2163
Vorsitzender des Aufsichtsrats:
Dr.-Ing. Herbert Aly
Geschäftsführer: Dr. Janou Hennig
|Bankkonten / bank accounts:
HSH Nordbank AG (BLZ 210 500 00)
Kto.-Nr. 143 883 000 (S.W.I.F.T.: HSHNDEHH)
Commerzbank AG Hamburg (BLZ 200 400 00)
Kto.-Nr. 2 411 973
Ust. -ID-Nr. / VAT: DE 118715202
|Finanzamt Hamburg Barmbek-Uhlenhorst
|Es gelten die “Allgemeinen Geschäftsbedingungen” in ihrer jeweils neuesten Fassung.|