4.1. Unless otherwise agreed, the Services shall be performed exclusively in accordance with the specifications and service description of Momentum Transfer. The interpretation and use of the results of any analysis shall be the sole risk and responsibility of the Customer.
4.2. The provision of the Services is governed by service agreement (“Dienstvertrag”) law. The law on agreements for work and services (“Werkvertrag”) shall only apply if and to the extent that Momentum Transfer has expressly promised the Customer the creation of a specific work or a specific success.
4.3. Unless otherwise agreed, samples of the Customer shall be supplied for the analysis to Momentum Transfer’s place of business. The samples shall remain the property of the Customer. Customer acknowledges however, that the Samples shall not be returned after the performance of the Services and will be disposed of by Momentum Transfer.
4.4. Insofar as Momentum Transfer provides consultation beyond the contractually agreed scope of performance, this shall be done to the best of its knowledge. Details and information about the suitability and application of the Services and the Results do not exempt the Customer from carrying out its own tests and trials.
4.5. Momentum Transfer is entitled to part performances provided that the part delivery is usable for the Customer within the scope of the contractual purpose, the delivery of the remaining ordered products or the performance of the remaining Services is ensured and the Customer does not incur any considerable additional expenditure or additional costs as a result (unless Momentum Transfer agrees to bear these costs).
4.6. Any deadlines and dates promised by Momentum Transfer for the performance of the Services are always only approximate and are subject to change. This also applies to dates and deadlines stated in offers and order confirmations, unless these are expressly described as binding.
4.7. If acts of cooperation by the Customer are required for the provision of Services, Momentum Transfer is not obliged to render the Services insofar as and to the extent that they cannot be provided without the cooperation.