General Terms and Conditions

1. general, applicability, scope, deviating and supplementary conditions

1. SmartTECS Rail Service GmbH (hereinafter referred to as STR) is a company specializing in engineering & safety, rail vehicle modernization and control technology, which operates in the rail & industrial sector. STR specializes in the modernization of all types of rail vehicles and provides these and other services exclusively in accordance with the following General Terms and Conditions (GTC), unless otherwise agreed with the customer in individual cases.
2. These GTC apply exclusively. Conflicting, deviating or supplementary provisions of the customer shall not become part of the contract even if STR does not expressly object to them. The following GTC shall also apply if STR performs the service without reservation in the knowledge of conflicting, deviating or supplementary provisions of the customer. This also applies to GTCs that are mentioned in order or other confirmations from the customer. The acceptance of services by STR does not constitute acceptance of such terms and conditions. Conflicting general terms and conditions or (purchasing) conditions of the customer shall only apply if confirmed separately in writing by STR.
3. The following GTC shall also apply to all future contractual relationships with the customer, irrespective of whether explicit reference is made to these GTC when they are concluded.
4. In the event of a change to the GTC, the current version at the time of performance of the service shall apply.
5. STR’s advertising brochures and catalogs are non-binding.
6. These GTC are available at “https://www.smarttecs.de/agb” and can also be viewed at STR’s registered office in Chemnitz or Nuremberg.

2. offers, conclusion of contract, contract amendments and contract language

1. Offers made by STR are always subject to change if they do not contain a commitment period.
2. The contract between STR and the customer only comes into effect when STR confirms the order in writing.
3. The provision of information without prior written confirmation of the order does not establish a contractual relationship; such information is generally non-binding.
4. The contract languages are German and English.

3. provision of services

1. The content and scope of the services are set out in the respective offer confirmed in writing by STR or in the respective contract. STR provides its services in accordance with the recognized rules of technology.
2. STR’s services may include services and/or work. In case of doubt, however, STR’s services serve to support the customer without STR owing a specific result.
3. The services to be provided to the customer are generally provided by STR alone. However, STR is entitled to have the contractual services provided in whole or in part by other companies. The customer is not authorized to issue instructions to STR and its employees or to companies commissioned by STR.
4. STR provides its services through appropriately qualified employees. However, the customer has no right to the provision of services by specific employees. STR will take the interests of the customer into account appropriately when selecting the persons involved in the provision of services.
5. The place of performance is generally the registered office of STR or its other branches.
6. If the services to be provided by the Contractor are to be provided at a location other than the aforementioned locations, the Client shall be required to provide the Contractor with an appropriately equipped workplace in separate rooms. The Contractor shall not be liable for any costs or other expenses incurred.
7. The client must notify the contractor of the need for another assignment at least 10 working days before the start of the assignment so that the contractor has sufficient time to organise it.
8. In the event of a change of place of work, the Client is obliged to ensure job security and the personal safety of the Contractor at its own expense.
9. Normal working hours are 8 hours per working day, 40 hours per week.
10. Public holidays at the place of work are non-working days.
11. Insofar as the services under the contract are not to be provided at the registered office of STR, the customer is obliged, after prior timely and joint agreement, to provide STR with a workplace equipped to the required extent in separate rooms free of charge, which complies with the applicable occupational safety regulations.
12. Unless otherwise agreed with the customer, all written work results of STR (documentation, software, circuit diagrams, 2D/3D data etc.) shall be written in German and/or English and made available to the customer on a data carrier or as an electronically transmitted file (e-mail).

4. obligation of the customer to co-operate

1. Within the scope of project orders, the Client is obliged to provide reasonable co-operation in ensuring the smooth provision of services by the employee. In particular, the Client is obliged to provide the Contractor with all information required for the services to be provided in a timely manner.
2. The Client shall provide the Contractor with access to the required documents, systems, commercial premises and properties or systems of third parties (e.g. end customers), insofar as this is required for the services to be provided, without the Contractor incurring any costs for this.
3. The customer is obliged to provide STR with all information and documents relevant to the proper execution of the respective service in good time before the service is performed and to cooperate in the fulfillment of the purpose of the contract to the extent necessary throughout the entire term of the contract.
4. The customer must ensure that all documents, data etc. required for the provision of services are available to STR in a complete, up-to-date, correct, timely manner (usually immediately after the written order confirmation, but at the latest at STR’s request), in writing, free of charge and free of third-party rights that conflict with the contractually intended use by STR, and in German or English.
5. Insofar as documents are to be revised or made available to the customer by STR in accordance with the contract, these documents must be made available by the customer as editable data and also marked as such.
6. The customer shall appoint an expert contact person to STR who will be regularly available during the term of the contract to exchange necessary information and make binding decisions for the customer.
7. The customer shall provide STR with access to the required documents, systems, commercial premises and properties or systems of third parties (e.g. end customers), insofar as this is required for the services to be provided, without STR incurring any costs for this.
8. If the services to be provided by STR require its employees to travel, the customer undertakes to cooperate in travel preparations (e.g. applying for a visa, letter of invitation to apply for a visa, etc.).
9. The customer must ensure to the extent necessary that the fulfilment of the contract is not delayed or interrupted, insofar as this is within his sphere of influence.
10. If the customer does not fulfill his obligations listed under items I. to VII. or does not fulfill them to the required extent and delays and / or additional expenses and / or idle times arise as a result, STR can – without prejudice to further legal rights – claim an appropriate change to the agreed schedule as well as additional remuneration from the customer in accordance with the hourly rates stated in the confirmed offer.

5. business trips in connection with the provision of services

1. Travel by STR employees shall be booked by STR to an appropriate and necessary extent, insofar as this is required by the services to be provided and unless otherwise agreed, and shall be invoiced to the customer at cost price according to proof.
2. Unless otherwise agreed with the customer, costs incurred by STR in connection with travel arrangements shall be invoiced to the customer at cost price, as evidenced.
3. Unless otherwise agreed with the customer, the time spent by STR on travel preparations (e.g. obtaining a visa) will be charged as working time. The prices (hourly rates) in the confirmed offer are decisive for the remuneration.
4. Travel time and travel time shall be deemed to be working time for STR employees and shall be invoiced to the customer on the basis of evidence.
5. Unless otherwise agreed with the customer, the following conditions apply to travel by STR employees:
   – Accommodation in a mid-range hotel or guesthouse (maximum €120 per night in Germany, exception: event-related special rates, e.g. during trade fairs)
   – Additional meal expenses (VMA) in accordance with statutory requirements
   – Costs for travel to and from the event (company car, rental car or train)
   – Travel by car is charged at EUR 0.45 per kilometer
   – Rail travel in 2nd class incl. seat reservation
   – Air travel up to 3 hours flight duration (one way) is booked in economy class, from 3 hours flight duration (one way) in premium economy class
   – For short distances, as well as arrival/departure from airports/train stations, a car, public transport and/or cab can be used as desired
   – Travel time (see hourly rate in the offer)
6. Travelling expenses to other locations incurred in the course of order processing shall be invoiced to the customer in accordance with the items listed in Section 5 above.

6 Prices, additional services, terms of payment and default

1. Unless otherwise agreed with the customer, all prices are quoted net in EURO plus the applicable statutory value added tax.
2. Services are invoiced on a time and material basis, unless a different method of invoicing has been agreed with the customer. In the case of services on a time and material basis, STR shall invoice the customer for the work, travel preparation and travel times incurred at the hourly rates agreed in the confirmed offer.
3. Estimated prices for services on a time and material basis that may be stated in the offer are non-binding. The quantities on which an estimate is based are based on a qualitative assessment of the scope of services carried out by STR to the best of its knowledge. If, in the course of providing the service, STR determines that the quantity estimates will be exceeded, it will inform the customer of this immediately. STR will not exceed the quantity estimates on which the estimated price is based until written approval has been given by the customer.
4. All services that are not expressly listed in the confirmed offer, but are provided by STR on the instruction or with the approval of the customer, are considered additional services. Additional services shall be invoiced separately on a time and material basis.
5. If the services to be provided by STR also require the services of third parties, e.g. for translation and/or printing service providers, these shall be commissioned by STR to the extent necessary, unless otherwise agreed with the customer, and invoiced to the customer at cost price according to proof plus a 15% administrative cost surcharge.
6. Price surcharges for special working hours only apply if these services are requested directly from STR by the customer due to project requirements:
   – Night work (8.00 p.m. – 6.00 a.m.) 25 %
   – Saturday work 25 %
   – Sunday work 50
   – Work on public holidays 100
7. Payments are due without any deductions within 14 calendar days, calculated from the invoice date.
8. Payments must be made to a bank account in Germany to be specified by STR when the invoice is issued. The customer shall bear the costs of payment in each case.
9. The value date on STR’s account is decisive for the timeliness of the payment.
10. If the customer does not make the payment by the due date, he shall be in default without any further reminder.
11. If the customer defaults on payment and fails to pay within the period specified in the reminder, even after a reminder from STR, interest shall be charged on the outstanding payment amount at nine percentage points above the applicable base interest rate in accordance with Sections 288 (2) and 247 BGB.
12. Objections to invoices from STR can only be raised by the customer in writing within thirty days of receipt of the invoice. Objections which the customer could not recognize earlier through no fault of his own must be asserted in writing in accordance with the statutory provisions. Timely dispatch of the objection shall be decisive for compliance with the deadline. Failure to raise objections in good time shall be deemed approval.

7. credit checks, dunning and collection procedures and factoring

1. STR is entitled to obtain credit information about the customer from a credit agency (e.g. Creditreform) before the contract is concluded and during the course of the contractual relationship.
2. STR is entitled to have the customer’s dunning and collection procedures handled by appropriate service providers, whereby the customer must bear the costs incurred for this.
3. STR is entitled to process receivables from the customer via third parties (e.g. factoring service providers) to secure and increase liquidity.

8. assignment and set-off

1. The customer is not entitled to transfer his rights and obligations arising from a contract to third parties without the express prior written consent of STR.
2. The customer may only offset claims by STR against undisputed or legally established counterclaims.

9. right of use, copyright

1. Unless otherwise agreed, the client is only entitled to make full use of the services provided by STR in the execution of the contract, in particular technical systems and components, documents and software created by STR, for the agreed contractual purpose after full payment of the remuneration due to STR.
2. STR remains entitled to share and otherwise use non-proprietary ideas, concepts, experience and techniques used or developed in the performance of the contract.
3. Insofar as performance results (technical systems and components; documents, technical drawings, calculations, software, etc.) are created by STR in the course of the provision of services, which are protectable (copyrights, industrial property rights), STR is generally entitled to these property rights or copyrights. Unless otherwise agreed in writing, STR grants the client a non-exclusive, non-transferable license(s) to the extent necessary for the purpose on which the order is based. Reproductions, including in electronic form, are only ever permitted to the client within the scope of the contractual purpose of use of the service result. Publication of the result of the service or parts thereof, as well as its forwarding to third parties, requires the prior written consent of STR in all cases. Any further rights of STR are expressly not transferred without a separate written agreement.
4. The use of contractually provided services for advertising or other purposes by the client requires the prior written consent of STR.
5. Unless otherwise agreed, STR undertakes to provide the service free of industrial property rights and copyrights of third parties only in the country of the place of delivery. If a third party raises justified claims against the client due to the infringement of industrial property rights by services provided by STR and used in accordance with the contract, STR shall be liable to the client within the period of 12 months as follows:
   (a) STR shall, at its option and expense, either obtain a right of use for the services in question, modify them so that the property right is not infringed, or replace them. If this is not possible for STR under reasonable conditions, the client is entitled to the statutory rights of withdrawal or reduction.
   b) The aforementioned obligations of STR only apply if the client informs STR immediately in writing of the claims asserted by the third party, does not acknowledge an infringement and STR reserves the right to take all defensive measures and settlement negotiations. If the client ceases to use the service in order to minimize damages or for other reasons, he is obliged to point out to the third party that the cessation of use does not constitute an acknowledgement of an infringement of property rights.
   c) Claims by the client are excluded if the client is responsible for the infringement of property rights.
   d) Claims of the client are also excluded insofar as the infringement of property rights is caused by special specifications of the client, by an application not foreseeable by STR or by the fact that the service is modified by the client or used together with products not supplied by STR.

10. contract term and termination

1. If the contract has been concluded for an indefinite period, it may be terminated in writing by either contracting party with four weeks’ notice to the end of a calendar month – but not before the expiry of a minimum term, if such a term has been contractually agreed in individual cases. Otherwise, the statutory cancellation rights remain unaffected.
2. The contract may be terminated in writing by either party for good cause without notice. Good cause shall be deemed to exist in particular if
   a) the customer is in arrears with payments due and has not made payment even after a reminder from STR declared after the default occurred;
   b) enforcement measures have been initiated against the customer which may affect the customer’s ability to fulfil its obligations under the contract;
   c) the information obtained by STR about the customer from a credit agency generally recognized in business life (e.g. Creditreform) about the customer’s financial circumstances gives rise to concerns that the customer will not meet the obligations arising from the contract, whereby it is not possible for the customer to meet the obligations arising from the contract.
   The customer is at liberty to rebut this concern vis-à-vis STR by providing suitable proof of his creditworthiness, by paying in advance or by providing suitable security, or
   d) a contracting party promises, offers or grants benefits of any kind to an employee or agent of the other contracting party involved in the preparation, conclusion or performance of the contract or to a third party in the interest of the other contracting party.

11. defect rights

1. Insofar as the services are work services, the following shall apply:
   a) The commissioned services shall be accepted by the customer in a written acceptance report after completion of the work in accordance with Section 640 BGB. Any defects shall be noted in the acceptance report, whereby the customer shall only be entitled to rights in respect of defects if it expressly reserves its rights in respect of the defect at the time of acceptance, unless the defects were hidden and were not readily apparent. If, after examination of the defect reported by the customer, it turns out that such a defect did not actually exist, the customer is obliged to bear the additional costs incurred in this respect.
   b) STR’s performance is deemed to have been accepted 10 working days after notification of completion of the work to the customer, but at the latest upon payment of the final invoice.
   c) In the event of a defect, the customer must grant STR a reasonable period of time for subsequent performance according to the circumstances of the individual case. STR may then, at its discretion, remedy the defect or produce a new work.
   d) If the supplementary performance fails, the customer is entitled to withdraw from the contract in accordance with Sections 636, 323 and 326 (5) BGB or to reduce the remuneration in accordance with Section 638 BGB. STR is also liable in accordance with clause 11 for culpably caused damage and on the basis of mandatory statutory liability provisions (e.g. the Product Liability Act). The customer has no further rights in respect of defects unless STR has fraudulently concealed the defect or has assumed a guarantee or a procurement risk in this respect. The customer’s right to extraordinary termination of the contract for good cause remains unaffected.
   e) The customer’s claims for defects shall become time-barred one year after the statutory commencement of the limitation period. This does not apply to STR’s liability for damages resulting from injury to life, body or health that are based on a negligent breach of duty by STR or an intentional or negligent breach of duty by a legal representative or vicarious agent of STR and for damages that are based on a grossly negligent breach of duty by STR or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of STR.
2. If the content of the contract concluded between STR and the customer relates to the development of a rail vehicle, the service provision by STR is based in particular on the V-model (e.g. in accordance with DIN EN 50126, 50128, 50129 etc.). In the V-model, there are two lines that converge to a point at the end. On the left-hand side of the V, the customer’s requirements are described, which become increasingly finer or more specific from the top to the bottom of the V. On the right-hand side of the V, a test run runs parallel to each of the development steps on the left-hand side, which is necessary for testing or validating the respective development stage. This includes a system test, integration test and / or a component test. At the top of the V, the meeting point of the two lines, the system is finally implemented.
3. Due to the separation of the individual development phases contained in the V-model and the test procedures required for each development phase, the customer is responsible for testing the work results of STR in the respective development phases. Defects reported by the customer immediately after the respective test run of the development stage will be rectified by STR, unless the reported defect is based on a previous development stage for which a test has already been or should have been carried out by the customer. STR is under no obligation to rectify a defect that originates from a development stage that has already been tested by the customer or from a development stage for which a test should already have been carried out by the customer.
4. The provision of § 377 HGB remains unaffected in any case.

12. liability

1. The contractor accepts no liability for errors in the documents provided by the client.
2. The liability of STR and its employees as well as its vicarious agents and assistants for culpably caused damage is excluded, unless the damage is based on intent or gross negligence.
3. Section I shall not apply in the case of
   a) damages resulting from injury to life, limb or health and
   b) the culpable breach of essential contractual obligations, i.e. such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely (so-called “cardinal obligations”).
4. In the event of a breach of essential contractual obligations which are not based on intent or gross negligence, the liability of STR and its employees and vicarious agents for property damage and financial loss is limited to the damage which was foreseeable as a possible consequence of the breach of contract when the contract was concluded or which should have been foreseeable taking into account the circumstances which STR knew or should have known. The liability of STR and its employees as well as its vicarious agents and assistants is limited by the order value of the contract. The liability of STR and its employees as well as its vicarious agents for data loss is limited to the typical recovery costs that would have occurred even with regular and risk-appropriate data backup.
5. The customer must notify STR immediately of any damage, otherwise any further damage resulting from the delayed notification must be borne by the customer.
6. Unless otherwise agreed with the customer, STR assumes no guarantee and no procurement risk.
7. Mandatory statutory liability regulations (e.g. the Product Liability Act) remain unaffected.
8. STR is not liable for damage caused by incorrect instructions from the customer, a defective component provided by the customer or incorrect documentation provided by the customer.
9. Also excluded from liability are damages caused by faulty actions of the customer or third parties.

13. dates, deadlines and force majeure

1. Dates and deadlines are only binding for STR if they have been expressly agreed as binding in writing.
2. If non-compliance with a specific performance time is due to events for which STR is not responsible (including strike or lockout), the performance dates shall be postponed by the duration of the disruption, including a reasonable start-up phase.
3. Impediments to performance and acceptance, in particular as a result of general mobilization, industrial action, riots, fire, war, natural disasters, pandemics, terrorism and its effects, confiscation, embargo, restrictions on energy consumption as well as defective or delayed deliveries by subcontractors due to the circumstances listed in this clause and other cases of force majeure as well as due to sovereign orders or other circumstances which are beyond the control of the contracting parties or which cannot be averted or compensated for even with reasonable technical and economic effort, shall release the contracting parties from their contractual obligations for the duration and scope of the event. which cannot be averted or compensated for even with reasonable technical and economic effort, shall release the contracting parties from the fulfillment of their contractual obligations for the duration and to the extent of the event. The contracting party prevented from fulfilling its obligations is obliged to notify the other contracting party immediately of the occurrence and end of the aforementioned circumstances.

14. contract adjustment

1. If the technical, economic or legal conditions under which the contract was agreed undergo a fundamental change and if, as a result, one party can no longer reasonably be expected to maintain the contractual conditions because the intentions of the parties, which are aimed at a fair balance of the mutual economic interests in the sense of maintaining the equivalence relationship, are no longer fulfilled, this party may claim that the contract be adapted to the changed circumstances.
2. The parties shall endeavor to reach an agreement on the written request for adjustment made by one party within three months. If no agreement is reached, the party requesting the adjustment shall have the right to terminate the contract in writing within four weeks of the failure of the attempt to reach an agreement, giving four weeks’ notice to the end of the next calendar month. The legal consequences of such termination shall be governed by the statutory provisions.

15. compliance with legal regulations and data protection

1. The contracting parties undertake to comply with all applicable laws, regulations, directives and other legal provisions (in particular anti-corruption laws) when providing their services in accordance with the contract existing between them.
2. The contracting parties undertake to process and use the data required for invoicing or other processing of the contract in accordance with the applicable data protection regulations.
3. The work results and / or partial results made available to the customer in any form are subject to the copyright of STR. Work results and / or partial results may not be passed on by the customer to third parties or made available to third parties in any other form. Furthermore, the statutory provisions for the protection of copyright (in particular the license conditions) apply.
4. STR collects data for the purpose of performing the contract, fulfilling its contractual and pre-contractual obligations and for direct advertising. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) GDPR. The data will not be passed on to third parties. The data will be deleted as soon as it is no longer required for the purpose of its processing. The customer has the right to object to the use of their data for the purpose of direct advertising at any time. In addition, the customer is entitled to request information from STR about their stored data and, if the data is incorrect, to request that it be corrected or, in the case of unauthorized data storage, that it be deleted. In the event of violations, the customer has the right to lodge a complaint with the supervisory authority.

16. secrecy and confidentiality, references

1. The contracting parties shall treat all information of the other contracting party that becomes accessible in connection with the contract (including pre-contractual information) – by whatever means and in whatever form – that is designated as confidential or is recognizable as business or trade secrets due to other circumstances, with the confidentiality customary in business life. The contracting parties undertake to obligate their employees and other third parties who are or will be involved with the aforementioned information to maintain confidentiality in an appropriate manner.
2. Furthermore, the contracting parties shall treat the content of the concluded contract as confidential.
3. The disclosure of information in accordance with the above Sections I and II to companies affiliated with the contracting parties is permitted, provided that they are also obliged to treat the information or the content of the contract confidentially. Clauses I and II shall not apply to information that is passed on to consultants who are obliged to maintain professional secrecy. Clauses I and II shall also not apply if and insofar as the information is generally known, must be disclosed by law or official order, was lawfully acquired by a third party and passed on to the receiving contractual partner or was already known to the receiving contractual partner beforehand.
4. The publication of the general cooperation (e.g. through press releases) between the contracting parties and the naming of references in company presentations and personnel profiles shall be exempt from confidentiality, insofar as the naming relates to the company name, project name and general content without details worthy of protection. The respective contractual partner may only object to the naming of references in individual cases if, in exceptional cases, there are important business reasons to the contrary.

17. adaptation of the GTC

1. These GTC are based on the legal and other framework conditions at the time the contract is concluded. Should these framework conditions change, STR is entitled to demand an adjustment of these GTC to the changed framework conditions, provided that this does not significantly change the relationship between performance and consideration agreed by the contracting parties.
2. An adjustment to the GTC in accordance with Section I above shall only become effective if STR notifies the customer of the adjustment at least eight weeks before the planned effective date, at least in text form and with express reference to the changes. If the customer does not agree with the notified adjustment, he has the right to object to the request for adjustment within a period of four weeks from receipt of the notification, at least in text form. If the customer does not exercise this right, the adjustment shall be deemed to have been agreed. STR will explicitly inform the customer of this approval effect of his silence in the notification.
3. Should it be unreasonable for STR to continue the contract as a result of the customer’s objection, it shall be entitled to terminate the contract with a notice period of three weeks to the end of the day preceding the planned effective date of the amended GTC.

18. non-solicitation

1. For the duration of the contractual cooperation and for a period of two years after termination of the contractual cooperation between STR and the client company, the client company is expressly prohibited from directly or indirectly (e.g. through third parties) enticing away employees of STR who are or were involved in product development for the client company or in the other contractual performance of services within the scope of the project cooperation.
2. STR and the client company recognize the special position of trust in the deployment of STR employees, which results from the joint project and other cooperation. The special need for protection of the STR and the position of trust between the companies is based in particular on the especially close, sometimes individual project-related cooperation between STR employees and the client company, which can last for months. The prevailing shortage of skilled workers also plays a decisive role here, whereby the client company – which operates in a market segment in which STR’s employees could easily be deployed very well – has direct, permanent contact and access to STR’s employees due to the close project cooperation described above. This enables the client company to test STR’s employees to a certain extent in their day-to-day work and would therefore run a lower contractual risk when hiring them.
3. In the event of enticement, the client company undertakes to pay STR a contractual penalty amounting to two gross annual salaries (including any bonuses, management bonuses, etc.) relating to the employee in question. The contractual penalty is due and payable within 30 days of the poached employee leaving STR.
4. The contractual penalty serves in particular to compensate STR for the damage incurred – in particular the loss of manpower and expertise due to the loss of employees.
5. This enticement clause is merely an ancillary agreement to the project / contract.

19. final provisions

1. There are no verbal collateral agreements or agreements to these GTC.
2. Amendments or additions to the contract must be made in writing to be legally effective. The same applies to any waiver of the written form requirement.
3. German law shall also apply exclusively to customers domiciled abroad. The laws on international sales, in particular the UN Convention on Contracts for the International Sale of Goods, shall not apply.
4. The place of jurisdiction for merchants within the meaning of the German Commercial Code, legal entities under public law and special funds under public law is the registered office of STR in Chemnitz. The same applies if the customer has no general place of jurisdiction in Germany. However, STR is entitled to sue the customer at his place of business.
5. Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the economic and technical purpose of the invalid or unenforceable provision. The same shall apply in the event of the existence or occurrence of a loophole that needs to be filled.

SmartTECS Rail Service GmbH
Chemnitz, den 10.10.2023
Geschäftsführer Robert Reuther, Jürgen Weber