1.1. These General Terms and Conditions of Purchase ("GTC") apply to all purchases/orders (hereinafter referred to as "contractual services") made by gridX GmbH ("gridX") from contractors, insofar as the subject matter of the supplier's services does not relate to the provision of IT services, the provision of cloud solutions including maintenance and support, the creation of software or the purchase of standard software. In such cases, the respective special terms and conditions of purchase of gridX GmbH shall apply.
1.2. "gridX" within the meaning of this contract is gridX GmbH, Dennewartstraße 25, 52068 Aachen.
1.3. The "contract" consists of the provisions of the contract, the corresponding order, the additional contractual terms and conditions listed in the contract or order, these GTC, the relevant supplementary general terms and conditions of purchase, the annexes on data protection and the requirements for information security and technical and organisational measures for data protection. The individual components of the contract apply in addition or, in the event of deviations or contradictions, in the following descending order of priority:
1.3.1. the provisions of the contract and/or the order with any agreed data protection annexes, including requirements for information security and technical and organisational measures for data protection,
1.3.2. the additional contractual terms and conditions listed in the contract or order,
1.3.3. these GTC with the respective supplementary general terms and conditions of purchase.
1.4. Any general terms and conditions of the contractor are hereby expressly rejected; they shall not be binding on gridX even if gridX does not reject their validity again upon conclusion of the contract. These GTC shall also apply to all future transactions between the contracting parties relating to the subject matter of the contract specified in clause 1.1, without the need for further reference to the GTC. They shall also apply if gridX does not expressly refer to them in subsequent contracts, in particular if gridX accepts the contractor's services without reservation in the knowledge that the contractor's general terms and conditions conflict with or deviate from these GTC.
2.1. Orders and other amendments to the contract are only valid if they are made in writing or text form. This also applies to subsequent amendments and additions.
2.2. The contractor shall immediately notify gridX in writing of any changes and/or extensions to the scope of services that prove necessary in the course of fulfilling the contract based on the information available to the contractor. These require the prior consent of gridX in writing.
3.1. The contractor shall provide the contractual services in accordance with the state of the art at the time of conclusion of the contract and by personnel who are qualified to provide the contractual services. The contractor shall notify gridX of any relevant changes in the state of the art if these have an impact on the contractual services. The contractor shall clarify all technical issues necessary for the provision of the contractual services on its own responsibility before the start of execution. The contractor shall ensure that the work equipment required for the performance of the contractual services (e.g. tools, materials and documentation) is available in full before the start of execution, is of the required quality and has been properly tested.
3.2. The contractor shall ensure that the contractual services are suitable for the purposes arising from the contract and can be used in accordance with the applicable laws.
3.3. The contractor is obliged to test the products in accordance with general German industry standards and to provide gridX with the test results free of charge upon request. gridX is also entitled to test the products. Tests in this sense do not constitute acceptance.
3.4. The contractor shall immediately notify gridX of any concerns it may have regarding the intended manner of execution or the service provided by its contractors, insofar as this affects the scope of the contractor's order.
3.5. The contractor and its subcontractors shall employ qualified, trained personnel who have undergone occupational health examinations in accordance with the principles of the employers' liability insurance association for the work to be performed. At the request of gridX, corresponding current qualification and examination certificates shall be presented.
3.6 gridX shall be entitled to demand the replacement of the contractor's personnel for good cause. This shall apply in particular if there are justified doubts about the necessary experience or qualifications or if occupational safety/environmental protection regulations are not observed. In such cases, the contractor undertakes to provide qualified replacements without delay. The agreed deadlines shall remain unaffected by this.
3.7. The contractor undertakes to comply with all statutory provisions for the protection of employees. The contractor must also ensure that its subcontractors also meet these requirements. Upon request, the contractor shall provide the Client with evidence of compliance with the aforementioned provisions. If the contractor violates the obligations set out in sentence 1 or fails to comply with the obligation to provide evidence within a reasonable period set by the Client, gridX shall be entitled to terminate the contract without notice.
3.8. The contractor is obliged to change the personnel employed only with careful consideration of the interests of gridX. Any additional expenses shall be borne by the contractor (e.g. for training, knowledge transfer and productivity disadvantages). The contractor shall bear the burden of proof in this respect.
3.9. Any reclassification of deployed personnel to a higher qualification level by the contractor during the term of the contract shall not affect the remuneration obligations for contractual services.
3.10. The contractor undertakes to indemnify gridX against all damages and costs (including legal costs) resulting from a violation of legal norms for which the contractor or one of its employees or subcontractors is solely responsible.
4.1. All users are service recipients.
4.2. The term "users" refers to an unlimited number of persons who are authorised by gridX to use the contractual services. These persons may include, in particular, customers and employees of gridX, as well as third parties commissioned or employed by gridX and their employees.
5.1. The contractor promises that, with regard to the contractual services, it has comprehensive expertise and experience in the use of the contractual services for the contractual purpose, on which gridX can rely.
5.2. Upon conclusion of the contract, the contractor is obliged to name a competent contact person to gridX who can provide the necessary information and make decisions on behalf of the contractor. Instructions from gridX regarding the contractual services shall be given exclusively to this contact person.
5.3. Integrity and compliance are of particular importance to gridX. gridX also attaches great importance to social responsibility in the context of its business activities. In view of this, the contractor undertakes to take all necessary measures to prevent corruption and other criminal acts and to comply with the standards set out in the gridX Supplier Code of Conduct when concluding the respective order. The contractor shall require its employees and subcontractors whom it employs in connection with the fulfilment of its contractual obligations towards gridX to comply with the Supplier Code of Conduct. Upon request, the contractor shall provide gridX with evidence of the obligation of its employees and subcontractors.
5.4. In addition to gridX's operational rules and regulations, the contractor shall in particular observe the generally recognised safety and occupational health rules of the Supplier Code and other conditions, insofar as these are provided to the contractors together with these GTC.
5.5. Regardless of whether they are employed by gridX for a longer period of time, the service providers shall remain organisationally part of the contractor or its subcontractors. Only the contractor shall be authorised to issue instructions to its service providers and shall manage its service providers independently.
5.6. The contractor undertakes to comply with the provisions of EC Regulation 881/2002 and EC Regulation 2580/2001 and other national and international embargo and trade control regulations. For the purpose of combating terrorism, this applies in particular to the prohibition on making funds or economic resources available, directly or indirectly, to certain natural or legal persons, groups or organisations. The contractor undertakes to check its business partners and employees to determine whether their names match those of the natural or legal persons, groups or organisations listed in the annexes to these regulations. In the event of a name match, no business shall be conducted with these persons, groups or organisations.
6.1. The contractor is obliged to meet all deadlines defined in this contract. It shall inform gridX immediately in writing if circumstances arise or become known to it which indicate that agreed deadlines cannot be met and shall set a new deadline in agreement with gridX. The initially agreed deadlines shall continue to apply for the assertion of the parties' claims, irrespective of the setting of new deadlines.
6.2. The contractor may only invoke the failure of gridX to fulfil necessary, contractually agreed obligations to cooperate if, despite a request in writing, these are not fulfilled within a reasonable period set by the contractor.
7.1. All services are to be provided free of charge by gridX at the place of use. Each service must be accompanied by a delivery note or verifiable proof of performance. Transport is at the expense and risk of the contractor.
7.2. If, on the basis of a separate agreement in writing or text form, transport is carried out at the expense of gridX, the most favourable transport options for gridX shall be selected, unless specific terms of carriage have been expressly agreed. Deliveries shall be packaged in such a way as to avoid transport damage.
7.3. In addition to the shipping address, the transport documents must contain the order details (order number, order date, delivery location, name of the recipient and material number, if applicable).
7.4. The contractor is only entitled to make partial deliveries/perform partial services with the prior consent of gridX in writing or text form.
8.1. The services shall be formally accepted by gridX exclusively. Acceptance must be recorded in writing. Contrary to Section 341 (3) of the German Civil Code (BGB), gridX may assert any contractual penalties until the final payment to the contractor. Partial acceptance shall only take place if gridX expressly requests this in writing or text form.
8.2. Ownership of the deliveries shall pass to gridX upon arrival of the delivery at the company premises or construction site, unless gridX has already acquired ownership of the delivery or individual parts by operation of law or by separate agreement. Until acceptance, the contractor shall remain responsible for ensuring safety and shall bear the risk of accidental loss or accidental deterioration. If no acceptance is planned, the risk shall pass to gridX after the deliveries/services have been handed over to gridX at the place of performance in accordance with the contract.
In the case of the delivery of goods which gridX is required to inspect in accordance with Section 377 of the German Commercial Code (HGB), the period for inspecting and notifying gridX of any apparent defects in the goods shall be 30 calendar days from receipt of the delivery. The period for notifying gridX of hidden defects shall be 14 calendar days from discovery of the defect.
10.1 If the contractor is required to hand over documents to gridX in accordance with the contractual provisions, these must be in German, unless otherwise agreed, and must be created using standard versions of MS Word, MS Excel and MS Project and handed over to gridX in these formats and in electronic form (single copy).
10.2 For replacement and spare parts, the contractor shall specify all clearly descriptive characteristics, including: manufacturer, type, order/item/identification number, dimensions, material, standard designations such as DIN, IEC, ISO, etc.
11. gridX is entitled to the full statutory warranty claims, unless otherwise agreed below.
11.2. gridX may, at its discretion, demand the rectification of the defect or the delivery of a defect-free item or the production of a new work as subsequent performance. Subsequent performance shall be carried out in agreement with the contractor, taking into account the operational interests of gridX.
11.3. If several parts of a delivery that are similar in terms of the state of the art are defective, this shall constitute an inadmissible partial performance. In the event of such an inadmissible partial performance, the contractor shall be obliged to take back all parts of this delivery, including those for which no specific defect has yet been identified.
11.4. The costs of subsequent performance, including the expenses pursuant to Sections 439 (2) and (3) of the German Civil Code (BGB) and the ancillary services required for subsequent performance, shall be borne by the contractor. This applies in particular to cleaning and insulation work as well as scaffolding. The contractor shall also bear any on-site costs, e.g. for dismantling, transport, assembly, planning and documentation services, which arise during subsequent performance.
11.5. The costs incurred by the contractor for the purpose of inspection and subsequent performance shall also be borne by the contractor if it transpires that there was in fact no defect. gridX's liability for damages due to unjustified requests for the rectification of defects remains unaffected; however, gridX shall only be liable in this respect if gridX recognised or was grossly negligent in not recognising that there was no defect.
11.6. In the event of withdrawal, the contractor shall bear the costs of dismantling/removal and return freight and shall take care of disposal.
11.7. The limitation period for claims for defects shall be extended by the time between the notification of defects and the rectification of defects.
11.8. gridX is entitled to the statutory recourse claims within a supply chain (recourse by the entrepreneur in accordance with Sections 445a, 478 BGB) without restriction in addition to the claims for defects. gridX is in particular entitled to demand from the contractor precisely the type of subsequent performance (repair or replacement) that gridX owes its customer in the individual case. gridX's statutory right of choice (Section 439 (1) BGB) is not restricted by this.
11.9. Before gridX acknowledges or fulfils a claim for defects asserted by its customer (including reimbursement of expenses pursuant to Sections 445a (1), 439 (2) and (3) BGB), gridX is entitled to notify the contractor thereof and to request a written statement, briefly explaining the facts of the case. If the statement is not provided within a reasonable period of time and no amicable solution is reached, the defect claim actually granted by gridX shall be deemed to be owed by gridX to the customer; in this case, the contractor shall be responsible for providing evidence to the contrary.
11.10. The limitation period is 3 years from complete delivery. § 445 b (2) and (3) BGB remain unaffected.
gridX may use the contractual services, including the underlying patent and other property rights, without restriction for itself and for the service recipients. This right of use also entitles gridX or its agents to make changes and repairs to the contractual services and also covers the use of illustrations, drawings, calculations, analysis methods, recipes and other works produced or developed by the contractor during the conclusion and execution of the contract. For the purpose of maintenance and/or the reproduction of spare and reserve parts, gridX may make the aforementioned documents available to third parties. The contractor warrants that the rights of third parties, in particular its subcontractors, do not conflict with the granting of the right of use and indemnifies gridX against any claims in this respect.
13.1. The contractor warrants that the delivery and use of the contractual services does not infringe any copyrights or other intellectual property rights of third parties. The contractor shall indemnify gridX and all service recipients against any claims by third parties for infringement of these rights and shall otherwise hold them harmless.
13.2. If the agreed deliveries and/or services or their use infringe the rights of third parties, the contractor shall either procure the right to unencumbered use for gridX at its own expense or immediately modify the deliveries and/or services concerned at its own expense in such a way that the deliveries and/or services concerned are no longer protected, but still meet the requirements defined in this contract. Further claims and rights of gridX remain unaffected by this.
gridX's obligations to cooperate require express agreement in writing. The same applies if the contractor determines after conclusion of the contract that further obligations to cooperate are necessary. Regardless of their designation, gridX's cooperation is agreed as obligations.
15.1. The prices stated in the order are fixed prices, including all discounts and surcharges, plus statutory value added tax.
15.2. Invoices shall be sent after delivery or performance of services – separated by order – to the billing address specified in the order; order numbers and, if available, order item numbers shall be specified, and all billing documents (parts lists, work records, measurements, etc.) shall be enclosed. If the contractor does not have an order number, an order reference must be provided or another order document must be enclosed.
15.3. Each invoice must show the statutory value added tax separately. Original invoices must not be enclosed with the delivery of goods.
15.4. The contractor is responsible for all consequences arising from non-compliance with the obligations set out in clauses 15.1 to 15.4.
15.5. gridX shall retain any withholding taxes that may be incurred from the agreed remuneration (in particular withholding tax in the case of limited tax liability of the contractor pursuant to Section 50a of the German Income Tax Act (EstG) due to its residence abroad) , including any solidarity surcharge applicable thereto, and shall pay these to the competent tax authority on behalf of the contractor (in the cases specified in Section 50a of the German Income Tax Act (EStG), this is the Federal Central Tax Office (BZSt)). In particular, remuneration for the use of rights within the meaning of copyright is subject to withholding tax pursuant to Section 50a EStG.
15.6. If a waiver of withholding tax pursuant to § 50a EStG or a tax reduction is legally possible, the contractor shall apply for an exemption certificate and submit it to gridX prior to payment of the remuneration. Only if a valid exemption certificate is submitted in good time will gridX refrain from withholding tax. If the exemption certificate is revoked, the contractor must notify gridX immediately. A tax return by the debtor shall be submitted regardless of whether an exemption certificate has been submitted.
15.7. If the full remuneration has been paid to the contractor, even though the aforementioned withholding taxes were payable to the tax authority on behalf of the contractor, the contractor shall immediately reimburse gridX for the amount of tax owed by law, including the solidarity surcharge, so that gridX can pay the withholding taxes to the competent tax authority.
15.8. Unconditional acceptance of the final payment excludes any additional claims. Any reservations regarding the final payment must be declared to gridX in writing within two weeks of receipt. The reservation shall lapse if the additional claim has not been submitted in a verifiable invoice within one month of receipt of the final payment or, if this is not possible, if the reservation is substantiated.
15.9. The invoice may be sent to gridX in text or written form.
15.10. If invoices/credit notes received are not accepted by gridX due to non-compliance with technical, legal or tax requirements, copies of these documents shall be returned to the contractor. If necessary, the original document can be requested from gridX by the contractor in writing or in text form within three months and will be exchanged for a correct invoice/credit note if necessary. After expiry of the aforementioned period, all original documents will be destroyed by gridX, unless this conflicts with legal and/or tax requirements.
15.12. Payments made by gridX do not constitute acknowledgement, approval of a service or waiver of complaints.
16.1. Without the prior consent of gridX in writing or text form, the contractor may not transfer its obligations under the contract, either in whole or in part, to others or pass on the services and work assigned to it to other companies. This also applies to services for which the contractor's business is not equipped. The awarding of partial services by subcontractors to another company also requires the prior consent of gridX in text or written form.
16.2. The contractor shall oblige the subcontractor in the subcontractor agreement to provide the contractor with the necessary certificates of the latest date from the tax office, the competent social security institutions and the employers' liability insurance association and, if necessary, work permits for submission to gridX.
16.3. The contractor shall impose on the subcontractors all obligations that it has assumed towards gridX with regard to the tasks they have undertaken and shall ensure that they comply with these obligations.
16.4. The contractor may not prevent its subcontractors from concluding contracts with gridX for other deliveries/services.
16.5. gridX shall have the right to reject a specific subcontractor for good cause. This shall apply in particular if there are justified doubts about the necessary experience or qualifications or if occupational safety/environmental protection regulations are not observed. In such cases, the contractor undertakes to provide a qualified replacement without delay. Any delays resulting from a rejection shall be borne by the contractor.
16.6. If the contractor employs workers as subcontractors without prior consent in accordance with clause 16.1 or if the contractor violates the obligations in accordance with clause 16.2, gridX has the right to withdraw from the contract and/or claim damages for non-performance.
The contractor warrants that it has liability insurance with conditions customary in the industry for personal injury, property damage and financial loss with a sum insured of at least EUR 2.5 (two and a half) million per claim. The contractor is obliged to maintain this insurance cover at least until the end of all obligations arising from this contract. Compliance with this obligation must be proven to gridX upon request; lower sums insured must be agreed with gridX in individual cases.
18.1. gridX may, with the consent of the contractor, transfer the contractual rights and obligations in whole or in part to third parties.
18.2. Assignments and other transfers of the contractor's rights and obligations outside the scope of Section 354a of the German Commercial Code (HGB) are excluded. Exceptions to this require the written consent of gridX.
18.3. The contractor may not assert a right of retention in this contractual relationship arising from contractual relationships with gridX unless the counterclaim is undisputed, ready for decision or has been legally established.
19.1. The term of the contract and any provisions regarding ordinary termination are set out in the corresponding order.
19.2. The right of both parties to terminate the contract for good cause remains unaffected. gridX shall be entitled to terminate the contract for good cause in particular if if an acceptance to be declared in accordance with the contract cannot be granted for reasons for which the contractor is responsible, if the contractor fails to fulfil its obligations under clause 22 within a reasonable period of time or intentionally or grossly negligently violates data protection regulations, or if the contractor uses subcontractors without prior consent.
19.3. Clause 24 remains unaffected.
20.1. In the event of termination of the contract, the contractor shall, unless otherwise requested by gridX, voluntarily hand over to gridX or to recipients designated by gridX all information such as files, documents, electronically stored data and records, including any copies, which the contractor has received or produced on the basis of the contract, or delete them at the express request of gridX. Electronically stored data includes, in particular, application data, databases and database works, as well as data generated in the course of data backup and logging. In accordance with gridX's request, this data shall either be handed over in a commercially available format on electronic data carriers or transferred online.
20.2. Subject to the applicable data protection regulations, the contractor may retain the information necessary for asserting or defending against any claims until the expiry of the limitation period for the relevant claims. The same applies to information that the contractor is required to retain due to a legal obligation incumbent upon it, for the duration of the relevant retention obligation.
20.3. After the information referred to in clause 20.1 has been disclosed in full, or if gridX has waived disclosure, and, where applicable, after the expiry of the periods referred to in clause 20.2, the contractor shall, insofar as it has copies of this information, delete it immediately in accordance with data protection regulations and notify gridX of the deletion in writing.
20.4. The contractor shall also take all possible measures to enable the uninterrupted continuation of the contractual services after termination of the contract by gridX or a third party. This includes, in particular, the obligation to make available to gridX or the third party experience, expertise and knowledge gained in connection with the previous provision of services and to cooperate in the transition of the contractual services. In return, gridX undertakes to pay the contractor reasonable remuneration for this in accordance with the rules last agreed between the parties, depending on the amount of work involved. If no remuneration has been agreed for the respective services required, reasonable remuneration shall apply.
21.1. The contractor shall treat all information made available to it by gridX in connection with the contract ("confidential information") as strictly confidential and shall use it exclusively for the fulfilment of the contract.
21.2. Confidential information within the meaning of this agreement includes in particular:
21.3. Documents and information marked as "confidential", "trade secret" or in a similar manner;
21.4. Documents and information that contain or relate to business and trade secrets, products, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, personnel matters;
21.5. Any documents and information that are to be regarded as confidential due to the nature of the information or the circumstances of its transmission;
21.6. all data exchanged or disclosed for the fulfilment of and in connection with the purpose of the agreement, regardless of whether it is personal data or not, even if it does not enjoy legal protection on its own or in its context; or
21.7. the existence of this agreement and its content, and the fact that the parties are considering the purpose.
21.8. For the avoidance of doubt, any information, analysis, compilation, notes, studies, memoranda or other documents derived from or containing or reflecting Confidential Information shall also be deemed Confidential Information.
21.9. Confidential Information does not include any information that, at the time of disclosure:
21.9.1. was known to the public or generally available, or becomes so at a later date without breach of any confidentiality obligation;
21.9.2. was already known to the contractor from a non-confidential source prior to disclosure by the other party;
21.9.3. was independently obtained or developed by the contractor without use of or reference to confidential information of the disclosing party; or
21.9.4. was provided or made available to the contractor by an authorised third party without breach of any confidentiality obligation.
21.10. Insofar as Confidential Information includes personal data, the provisions of Section 22 shall take precedence.
21.11. The contractor undertakes to use the Confidential Information exclusively for the purpose and within the limits of this Contract. In particular, the contractor undertakes:
21.11.1. to treat the Confidential Information as confidential at all times and to protect it from any unauthorised access and use, not to disclose it to third parties outside of the cases permitted under this Agreement without the prior written consent of gridX, which may be withheld at its sole discretion, and to use the Confidential Information exclusively for the purpose specified; the Confidential Information may only be disclosed within the scope of what is legally permissible under the applicable law exclusively to those representatives who (A) need to know this information for the purpose and then only to the extent necessary for the purpose ("need-to-know principle") and (B) are not competitors of the disclosing party not to publish the Confidential Information themselves or through third parties, to apply for property rights or to disclose or exploit it in property right applications without the express written consent of the disclosing party and outside the scope of the purpose;
21.11.2. to protect the Confidential Information by taking appropriate and reasonable confidentiality measures in line with the state of the art, including in particular technical and organisational information security measures to ensure the confidentiality, integrity and availability of the Confidential Information, including the encryption of the Confidential Information; preventing unauthorised access to data processing equipment and the use of data processing systems by unauthorised persons, and granting access rights to representatives of the parties exclusively in accordance with this Section 21 to ensure that only persons with the appropriate authorisation can access Confidential Information; ("Confidentiality Measures") against unauthorised access by third parties.
21.12. gridX may, upon separate request, instruct the contractor to take specific measures to protect the Confidential Information, provided that gridX itself applies such measures. If the measures cannot be implemented in the contractor's operational processes with reasonable effort, the contractor shall take measures that come as close as possible to the measures requested and provide equivalent protection.
21.13. The Confidentiality Measures shall be documented in a suitable form and, upon request, the contractor shall provide gridX with evidence that the measures have actually been taken.
21.14. Any act or omission by a representative of the contractor which – if this act or omission had been carried out by the contractor – would constitute a breach of this confidentiality agreement by the contractor shall be deemed a breach of this confidentiality agreement by the contractor.
21.15. The following are considered "representatives" within the meaning of Section 21: For gridX or the Contractual Partner, its affiliated companies within the meaning of Sections ff. 15 AktG (German Stock Corporation Act) and, for both, all executive bodies, senior executives, employees, deputies and internal and external advisors (including but not limited to financial, legal and technical advisors) and (potential) providers of financing, insurance or brokerage or brokerage services for a party and for companies affiliated with the party within the meaning of Sections 15 ff. AktG. In any case, disclosure to representatives is subject to each party ensuring that its representatives comply with this agreement as if they themselves were bound by it.
21.16. All information provided by gridX remains the property of gridX. The same applies to copies, even if they are made by the contractor. The contractor has no right of retention to the information, copies or data carriers.
21.17. The contractor shall notify gridX immediately of any indications of a breach of the provisions of this clause 21.
21.18. gridX may withdraw from the contract in whole or in part if the contractor fails to fulfil its obligations under this section "Confidentiality" within a reasonable period of time. Other legal consequences of such breaches of duty remain unaffected.
22.1. gridX shall process the personal data of the contractor's employees ("Data") provided by the contractor in connection with this contractual relationship between gridX and the contractor for the purpose of establishing, implementing and terminating the contractual relationship within the framework of the applicable data protection law in its currently valid version.
22.2. The contractor is obliged to inform its employees who are involved in the implementation of the contractual relationship that gridX processes data relating to the contractor's employees and to what extent. If you yourself are our contractual partner and, for example, as a sole trader, are subject to the protective purpose of data protection law, this information on the handling of your personal data also applies to you.
22.3. If and to the extent that the contractor processes personal data in fulfilment of its contractual obligations towards gridX, which is either
by gridX, the provisions of the data protection annexes to the order and the associated appendices shall apply.
22.4. For consulting services under the contractor's own responsibility, the terms and conditions of the appendix "Requirements for information security and data protection for consulting services" available under Terms and Conditions & Documents - gridX Purchasing (eon.com) shall apply.
22.5. Personal data provided by gridX may not be used or transmitted by the contractor for the purposes of advertising or market or opinion research, unless gridX gives its express written consent or the agreed service explicitly provides for this.
In order to protect the confidentiality, integrity and effective availability of information and associated resources and methods, the contractor undertakes to comply with gridX's information security requirements.
Any disclosure of the business relationship with gridX requires the prior written consent of gridX. This also applies to the publication of data relating to this contractual relationship with gridX.
25.1. The place of jurisdiction is Aachen (North Rhine-Westphalia).
25. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
25.3 The contract language is German or English, depending on the language of the respective order.
25.4. When reference is made to public holidays in this contract, only German federal public holidays are relevant.
25.5. In addition to the legally required handwritten signed document, a document signed electronically and transmitted electronically is also permissible as a written form within the meaning of the contract, provided that a digital protocol of the document history (completion certificate) of the provider (e.g. DocuSign) ensures that the signatory is identifiable and that any subsequent changes to the data are detectable.
Status: 01/04/2025
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