General terms and conditions

1. General, scope of validity

1.1 These Gen­er­al Terms and Con­di­tions apply to all present and future busi­ness rela­tions of Micro­vista GmbH, here­inafter referred to as MICROVISTA, with cus­tomers (here­inafter referred to as CUSTOMERS) who are entre­pre­neurs with­in the mean­ing of § 14 BGB (Ger­man Civ­il Code) or legal enti­ties under pub­lic law or spe­cial funds under pub­lic law.
1.2 By plac­ing the order, at the lat­est, how­ev­er, with accep­tance of the ser­vice or accep­tance of the deliv­ery, the CUSTOMER declares his bind­ing agree­ment to these terms and con­di­tions.
1.3 Devi­at­ing or sup­ple­men­tary gen­er­al terms and con­di­tions of the CUSTOMER shall not become part of the con­tract, even if they have not been express­ly con­tra­dict­ed.
1.4 Amend­ments, sup­ple­ments or oth­er col­lat­er­al agree­ments to con­tracts must be con­firmed in writ­ing in all cases.

2. Conclusion of contract, order execution, prices

2.1 Offers made by MICROVISTA are sub­ject to change with­out notice, unless the com­mit­ment to the offer is stat­ed in writ­ing.
2.2 The con­tract is con­clud­ed by a writ­ten order con­fir­ma­tion from MICROVISTA. Only the writ­ten order con­fir­ma­tion is author­i­ta­tive for the scope of the ser­vices owed under the con­tract. The writ­ten order con­fir­ma­tion will be replaced by the invoice if the order is exe­cut­ed imme­di­ate­ly by MICROVISTA.
2.3 The CUSTOMER must pro­vide MICROVISTA in a time­ly man­ner with all nec­es­sary doc­u­ments, such as draw­ings, plans, cal­cu­la­tions, or cer­tifi­cates, arrange for any nec­es­sary per­mits and approvals, pro­vide order-relat­ed infor­ma­tion at any time, and make the nec­es­sary test prepa­ra­tions pri­or to the start of the test, i.e., above all, make the test objects acces­si­ble. If the CUSTOMER fails to com­ply with these oblig­a­tions despite being set a dead­line by MICROVISTA, the con­tract shall be can­celled upon expi­ra­tion of the dead­line. In this case MICROVISTA is enti­tled to claim com­pen­sa­tion in accor­dance with § 642 BGB (Ger­man Civ­il Code).
2.4 The prices are in Euro, plus the statu­to­ry val­ue added tax, ex works with­out packaging.

3. Dates, deadlines, default

3.1 Deliv­ery dates or peri­ods spec­i­fied by MICROVISTA are gen­er­al­ly non-bind­ing unless bind­ing deliv­ery dates (fixed dates) have been express­ly agreed upon in indi­vid­ual cas­es. If an express fixed date has not been agreed upon, delay in per­for­mance will only occur after a request for per­for­mance with a dead­line (reminder). In this case, the CUSTOMER may only with­draw from the con­tract or claim dam­ages for non-per­for­mance after the expiry of a rea­son­able peri­od.
3.2 If MICROVISTA, its legal rep­re­sen­ta­tives or vic­ar­i­ous agents are respon­si­ble for intent or gross neg­li­gence with respect to the occur­rence of the delay, or if a fixed date was agreed upon or the inter­est of the CUSTOMER has demon­stra­bly ceased to exist due to the occur­rence of the delay, MICROVISTA shall be liable in accor­dance with the statu­to­ry pro­vi­sions. If the delay is due to the cul­pa­ble breach of a mate­r­i­al con­trac­tu­al oblig­a­tion, lia­bil­i­ty is lim­it­ed to the fore­see­able, typ­i­cal­ly occur­ring dam­age. Oth­er­wise, lia­bil­i­ty is exclud­ed.
3.3 Each peri­od shall only com­mence after receipt of all doc­u­ments required for the per­for­mance of the ser­vice and after receipt of pay­ment, if advance pay­ment has been agreed.
3.4 If per­for­mance or the man­u­fac­ture or deliv­ery of the work is pre­vent­ed or delayed for rea­sons beyond MICROVISTA’s con­trol, the per­for­mance peri­od will be extend­ed accord­ing­ly by the demon­stra­ble dura­tion of the imped­i­ment. When cal­cu­lat­ing the exten­sion of the time lim­it, an appro­pri­ate start-up time for resum­ing the per­for­mance activ­i­ties must be tak­en into account. Per­for­mance and sec­ondary claims of the CUSTOMER dur­ing this peri­od are exclud­ed.
3.5 In the event of a sig­nif­i­cant dete­ri­o­ra­tion in the finan­cial cir­cum­stances of the CUSTOMER, in par­tic­u­lar if pay­ments are sus­pend­ed or insol­ven­cy pro­ceed­ings are applied for, MICROVISTA’s oblig­a­tion to deliv­er shall cease. This oblig­a­tion shall also cease to apply in the event of fun­da­men­tal dis­rup­tions of oper­a­tions, in par­tic­u­lar as a result of strikes and lock-outs at MICROVISTA or one of its sup­pli­ers for which MICROVISTA is not respon­si­ble, nat­ur­al dis­as­ters, states of war or oth­er cas­es of force majeure which pre­vent or impair the per­for­mance of the con­tract, for the dura­tion and to the extent of the imped­i­ments aris­ing, also with respect to sub­se­quent per­for­mance.
3.6 MICROVISTA is enti­tled to make par­tial per­for­mance or deliv­er­ies.
3.7 If a deliv­ery is required, it shall be made for the account of the CUSTOMER. In this case, the risk of acci­den­tal loss and dete­ri­o­ra­tion of the goods shall pass to the CUSTOMER when the deliv­ery is hand­ed over to the carrier.

4. Acceptance, data processing, terms of payment

4.1 Accep­tance shall be effect­ed by putting the work into use with­out reser­va­tion or by uncon­di­tion­al pay­ment of the agreed remu­ner­a­tion for the work. As agreed, it is to be assumed that the work has been put into use with­out reser­va­tion if 8 days have passed since the trans­mis­sion of the intan­gi­ble work (test report) by remote data trans­mis­sion or deliv­ery of a data car­ri­er in which the work is embod­ied with­out the CUSTOMER hav­ing noti­fied MICROVISTA of a mate­r­i­al defect.
4.2 Invoic­es are payable with­out deduc­tion with­in 14 cal­en­dar days of the invoice date, unless a dif­fer­ent pay­ment term has been agreed in writ­ing. The invoice shall be issued under the date of deliv­ery, exe­cu­tion, par­tial deliv­ery, par­tial exe­cu­tion or the indi­ca­tor of readi­ness for deliv­ery (in case of default of accep­tance by the CUSTOMER).
4.3 MICROVISTA draws the atten­tion of the CUSTOMER to the fact that data on busi­ness trans­ac­tions are processed with­in the com­pa­ny and its affil­i­at­ed com­pa­nies and reserves the right to trans­fer the data required to obtain cred­it pro­tec­tion to the insur­er. If insur­ance of the claim is refused, MICROVISTA reserves the right to exe­cute against pre­pay­ment.
4.4 In the event of late pay­ment, MICROVISTA reserves the right to claim dam­ages in excess of the statu­to­ry default inter­est. In this case, the CUSTOMER is per­mit­ted to prove that MICROVISTA has suf­fered no or only minor dam­age.
4.5 The CUSTOMER may set off pay­ment claims of MICROVISTA only against such coun­ter­claims that are legal­ly bind­ing, undis­put­ed and acknowl­edged by MICROVISTA.
4.6 The CUSTOMER is not enti­tled to exer­cise a right of reten­tion against con­trac­tu­al­ly jus­ti­fied pay­ment claims of MICROVISTA based on claims that are not legal­ly relat­ed to this contract.

5. Warranty, liability

5.1 War­ran­ty claims are sub­ject to a lim­i­ta­tion peri­od of one year from accep­tance or deliv­ery. The war­ran­ty peri­od of one year also applies to so-called non-phys­i­cal works (e.g. for the prepa­ra­tion of a test report or the devel­op­ment of indi­vid­ual soft­ware). The war­ran­ty peri­od of one year shall not apply to build­ings and mov­able objects used for build­ings; the statu­to­ry reg­u­la­tion shall apply here.
5.2 If the CUSTOMER detects dam­age to the pack­ag­ing upon receipt of the deliv­ery, he must have the dam­age con­firmed in detail in writ­ing by the trans­port com­pa­ny upon accep­tance of the deliv­ery. Dam­age in tran­sit that is only detect­ed after open­ing the pack­ag­ing must be report­ed to MICROVISTA in writ­ing with­in 5 cal­en­dar days of receipt of the deliv­ery. To meet the dead­line, time­ly dis­patch of the noti­fi­ca­tion is suf­fi­cient; the CUSTOMER bears the bur­den of proof.
5.3 The CUSTOMER must assist MICROVISTA, to the extent nec­es­sary, in rem­e­dy­ing defects, and in par­tic­u­lar, at MICROVISTA’s request, must send MICROVISTA a data car­ri­er with the rel­e­vant adjust­ments or infor­ma­tion.
5.4 If the CUSTOMER ini­ti­ates an inspec­tion due to alleged defects, the CUSTOMER shall bear the costs incurred if it turns out that there is no defect.
5.5 The war­ran­ty expires for such adap­ta­tions or ser­vices which the CUSTOMER mod­i­fies or oth­er­wise inter­venes in, unless the CUSTOMER proves in con­nec­tion with the noti­fi­ca­tion of defects that the inter­ven­tion is not the cause of the defect.
5.6 Any fur­ther war­ran­ty claims of the CUSTOMER, in par­tic­u­lar due to con­se­quen­tial dam­age caused by defects — unless these result from the absence of war­rant­ed char­ac­ter­is­tics — are exclud­ed. This shall not apply if MICROVISTA is guilty of intent or gross neg­li­gence.
5.7 MICROVISTA does not war­rant the suit­abil­i­ty or usabil­i­ty of the work or oth­er per­for­mance for the pur­pose intend­ed by the CUSTOMER unless an express writ­ten con­fir­ma­tion on the part of MICROVISTA exists.

6. Exclusion of damages

6.1 Sub­ject to the fol­low­ing pro­vi­sions, claims for dam­ages by the CUSTOMER — regard­less of the legal basis, includ­ing claims in tort — for the sim­ple neg­li­gent breach of oblig­a­tions by MICROVISTA, its legal rep­re­sen­ta­tives or vic­ar­i­ous agents are exclud­ed. In the event of a sim­ple neg­li­gent breach of car­di­nal oblig­a­tions, MICROVISTA’s lia­bil­i­ty is lim­it­ed to the val­ue of the order.
6.2 The above exclu­sions and lim­i­ta­tions of lia­bil­i­ty shall not apply in cas­es of strict lia­bil­i­ty, in par­tic­u­lar under the Prod­uct Lia­bil­i­ty Act, in the event of phys­i­cal injury or dam­age to health or loss of life or the absence of war­rant­ed char­ac­ter­is­tics, in the event of intent or gross neg­li­gence.
6.3 In case of loss or destruc­tion of sam­ples, mod­els or prod­ucts pro­vid­ed by the CUSTOMER due to force majeure, MICROVISTA’s lia­bil­i­ty is lim­it­ed to the val­ue of the mate­r­i­al.
6.4 MICROVISTA’s lia­bil­i­ty for loss of data as a result of the use of MICROVISTA’s works or ser­vices is lim­it­ed to the effort required to restore the lost data to the CUSTOMER’s sys­tem using exist­ing back­up copies. The CUSTOMER shall be oblig­ed to make its own reg­u­lar data backups.

7. License and copyrights

7.1 Any copy­rights as well as rights of use and exploita­tion of works pro­duced or ser­vices ren­dered by MICROVISTA shall remain with MICROVISTA regard­less of the deliv­ery to the CUSTOMER, unless oth­er­wise agreed. The repro­duc­tion of indi­vid­ual works or parts of works of MICROVISTA requires the writ­ten con­sent of MICROVISTA. The CUSTOMER may only repro­duce MICROVISTA soft­ware for inter­nal use or for data back­up pur­pos­es.
7.2 For soft­ware not pro­duced by MICROVISTA, the reg­u­la­tions of the respec­tive man­u­fac­tur­er apply.

8. Place of jurisdiction

8.1 The place of juris­dic­tion for all claims aris­ing from the con­trac­tu­al rela­tion­ship is the place of juris­dic­tion respon­si­ble for the reg­is­tered office of MICROVISTA. MICROVISTA is also enti­tled to bring an action before the court which has juris­dic­tion over the reg­is­tered office or the branch office of the CUSTOMER which com­mis­sioned the work.

9. Final clauses

9.1 In the absence of a spe­cial writ­ten agree­ment, the place of per­for­mance for all oblig­a­tions aris­ing direct­ly or indi­rect­ly from the con­trac­tu­al rela­tion­ship, includ­ing pay­ment oblig­a­tions, shall be the reg­is­tered office of MICROVISTA in 38889 Blanken­burg, Ger­many.
9.2 The inva­lid­i­ty of indi­vid­ual pro­vi­sions of these Gen­er­al Terms and Con­di­tions of Busi­ness or their com­po­nents shall not affect the valid­i­ty of the remain­ing pro­vi­sions. The con­tract­ing par­ties are oblig­ed, with­in the scope of rea­son­able­ness, to replace an inef­fec­tive pro­vi­sion by an effec­tive pro­vi­sion that is equiv­a­lent to its eco­nom­ic effect, pro­vid­ed that this does not result in a sig­nif­i­cant change to the con­tent of the con­tract. The same applies if a mat­ter requir­ing reg­u­la­tion is not express­ly reg­u­lat­ed.
9.3 The inclu­sion and inter­pre­ta­tion of these Gen­er­al Terms and Con­di­tions of Busi­ness as well as the con­clu­sion and inter­pre­ta­tion of legal trans­ac­tions with the CUSTOMER shall be gov­erned exclu­sive­ly by the law of the Fed­er­al Repub­lic of Ger­many, exclud­ing UN and inter­na­tion­al sales law.
9.4 The CUSTOMER autho­rizes MICROVISTA, waiv­ing noti­fi­ca­tion, to process per­son­al data with­in the scope of the per­mis­si­bil­i­ty of the BDSG and to the extent nec­es­sary for the per­for­mance of the con­trac­tu­al rela­tion­ship, and to trans­mit such data to the enti­ties involved in the per­for­mance of the con­trac­tu­al rela­tion­ship with­in MICROVISTA and with­in its affil­i­at­ed companies.

Automated inspection of hairpins

Challenge:

The stability of the hairpin joint is crucial for the reliability of electrically powered vehicles. Laser welding can be carried out according to different principles. However, this can affect the quality of the joint by process fluctuations resulting in undesired deviations.

Possible consequences:
Due to ambiguity in the quality of joints, high
failure rates can occur.

Advantages of a CT inspection:

  • Quality feedback within minutes
  • Statistically evaluable results thanks to Microvista's automatic analysis: 40 stators/day inspected
  • Only 165 €/part including an informative report.
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CT Scan exposing a burnt out battery
Pore analysis of a cylinder head

Challenge:

In order to achieve the highest possible ranges as well as low emissions, lightweight construction continues to be a primary goal in vehicle construction, regardless of the type of drive. Light metal casting is characterised by its ability to produce complex parts with a high degree of automation and recyclability. However, high technological demands are placed on the components, including mechanical load-bearing capacity under more complex stresses and simultaneous mass reduction.

Potential consequences:

A cylinder with poor quality leads to damage to the cooling system and ultimately to engine failure.

 

Advantages of a CT inspection:

  • Visualisation of pores in the cylinder head and colour classification of the pores according to their volume is possible.
  •  The exact position of each pore and thus the potential risk it poses can be determined.
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Testing of wall thicknesses of an exhaust manifold.

Challenge:

The exhaust manifold is one of the most heavily loaded components of an engine. For this reason, the actual and desired condition of the wall thickness should be compared. Only with a sufficient wall thickness can the manifold withstand the shock-like inflow of exhaust gases and the resulting pressure front, as well as the many heating and cooling cycles in the long term.  

Possible consequences of undetected deviations:

The notch effect of blowholes can cause a crack in the manifold. Partial breakthroughs can also occur if the wall thickness is too small. This leads to a change in the pressure conditions in the manifold, which reduces engine performance and, at the same time, increases fuel consumption. In addition, there is a high noise level from the direction of the engine and a clearly perceptible exhaust smell in the interior.

Advantages of a CT inspection:

  • Fast and automatic detection of relevant quality defects 
  • Avoidance of scrap refinement 
  • Detection of defect focal points through statistical evaluation of the results.
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CT Scan exposing a burnt pores in aluminium wheel
Assembly inspection of lithium-ion batteries.

Challenge:

Due to production or assembly errors, the contact, insulation and electrolyte foil is damaged in some batteries.

Possible consequences:

A short circuit can be the result. This can lead to a high thermal reaction of the electrolyte. The resulting outgassing causes the battery to swell externally. Inflated, deformed, outgassed lithium-containing batteries can lead to explosions and fires.

Advantages of CT testing:

  • Dismantling of batteries in small devices is not necessary for the test. The devices can therefore be used immediately after the test
  • By sorting out defective batteries, higher quality can be guaranteed, and prevention against legal disputes and negative press in case of a fire can be operated
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CT Scan exposing a burnt out battery
Comprehensive inspection of an aluminium wheel carrier with complex bionic structure.

Challenge:

Additive manufacturing requires carefully set process parameters that are optimised in iterative steps during the product development process. Fast and comprehensive feedback on product quality is of paramount importance for shortening the development phase.

Possible consequences of undetected defects:

Missing and insufficiently validated process quality can result in high reject rates. Especially with regard to safety-relevant parts of the chassis, additional risks arise that can lead to component failure and create the risk of an accident.

Advantages of CT inspection:

  • Shortened development cycles
  • Addressing risks identified by FMEA
  • Reduction of required expensive prototypes through non-destructive testing for a variety of features.
Comprehensive inspection of an aluminium wheel carrier with complex bionic structure.

Challenge:

Additive manufacturing requires carefully set process parameters that are optimised in iterative steps during the product development process. Fast and comprehensive feedback on product quality is of paramount importance for shortening the development phase.

Possible consequences of undetected defects:

Missing and insufficiently validated process quality can result in high reject rates. Especially with regard to safety-relevant parts of the chassis, additional risks arise that can lead to component failure and create the risk of an accident.

Advantages of CT inspection:

  • Shortened development cycles
  • Addressing risks identified by FMEA
  • Reduction of required expensive prototypes through non-destructive testing for a variety of features.
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A CT scan of insulation foam
Assembly inspection of medical devices

Challenge:

To detect malfunctions, damage or collisions that cannot be traced after disassembly of the medical device. 

Possible consequences:

Blockages can cause some devices to malfunction during use.

Advantages of a CT scan:
Complete digitisation takes place without the application of force during the measurement, which makes it possible to measure, analyse as well as subsequently process filigree and soft components. The inspection takes place quickly and reliably in the assembled state. During the evaluation, the movements in the component can be recorded, whereby the blockage can be found.

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A CT scan of XXX XXX