or health, (ii) for damages resulting from the not insignificant breach of a material contractual obligation (obligation the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in the latter case, however, APTIXE's liability shall be limited to compensation for the typically occurring damage foreseeable at the time of conclusion of the contract.

5.3 The limitation of liability according to para. 5.2 shall also apply in the event of breaches of duty by or in favour of persons whose fault APTIXE is responsible for in accordance with statutory provisions as well as any personal liability of organs as well as experts and other employees of APTIXE. It does not apply if APTIXE or the aforementioned persons have fraudulently concealed a defect or in the case of claims arising from a quality guarantee or for claims under the Product Liability Act.

5.4 APTIXE shall be liable for claims for damages within the meaning of 2011/83/EU arising in connection with the activity approved by APTIXE outside of nuclear facilities from the handling of a radioactive substance covered by the approval decision, in particular during its transport, up to the amount of the financial security determined by the authorities. For claims for damages based on other legal provisions, para. Points 5.1 to 5.3.

5.5 The client must immediately notify APTIXE in text form of any damage for which APTIXE is liable.

5.6 Insofar as claims for damages according to this para. 5, they shall become statute-barred one year after the commencement of the statutory limitation period, unless they are subject to the limitation period of 2011/83/EU. 

6    Remuneration and payment conditions

6.1 Unless a fixed price or another assessment basis has been expressly agreed, the remuneration shall be based on APTIXE's prices valid at the time of provision of services.

6.2 Reasonable advances on costs may be demanded and/or partial invoices may be issued in accordance with the services already provided. Partial invoices do not have to be designated as such. The receipt of an invoice does not mean that APTIXE has settled the order in full.

6.3 The according to para. 6.2 and/or remuneration invoiced by final invoice after acceptance of the work is due for payment immediately after invoicing, unless otherwise agreed. 2011/83/EU remains unaffected.

7    Force majeure

In the event that one of the parties is unable to fulfil its performance obligations towards the other party in whole or in part or not in time due to an unusual and unforeseeable event over which this party has no influence and the consequences of which could not have been avoided despite the exercise of due care (force majeure), the affected performance obligations of the party invoking force majeure shall be suspended for as long as how the event and its consequences continue; any counter-performance obligations of the other party shall also lapse for this period. Claims, in particular claims for damages of the other party, do not exist in this respect. However, the party invoking force majeure is obliged to inform the other party immediately in text form about the event, the suspended performance obligations and the expected duration of the suspension of the performance obligations. The same shall apply mutatis mutandis if, during the suspension of the performance obligations, the party invoking force majeure must recognize with due care that the anticipated duration of the suspension communicated will change significantly. If the event lasts longer than six months from the first information to the other party, both parties are entitled to withdraw from the contract. The right of withdrawal shall be replaced by the right of termination for continuing obligations. The suspension of a payment obligation may not be based on force majeure, except in cases ordered by law or if it is a consideration obligation within the meaning of 2011/83/EU (liability for coincidence during the debtor's default) remains unaffected.

8    Confidentiality, copyright, data protection

8.1 APTIXE may take copies of written documents which APTIXE provides for inspection and which are important for the execution of the order.

8.2 Insofar as expert opinions, test results, calculations and other documents or work results, including in electronic form and including drafts, which are subject to copyright protection are created in the course of the execution of the order, APTIXE grants the client a simple, non-transferable and non-sublicensable right of use, insofar as this is necessary according to the purpose of the contract. Further rights are not granted or transferred. The client may only use works completely and otherwise in unchanged form and only for the purpose of the contract. In particular, publication or duplication for advertising purposes requires the prior written consent of APTIXE in each individual case.

8.3 APTIXE will not disclose and exploit business and trade secrets that APTIXE becomes aware of during the execution of the order without authorization outside the execution of the order.

8.4 APTIXE processes personal data of the client for the proper fulfilment of the order and for its own purposes. APTIXE also uses automatic data processing systems for this purpose. When processing data, APTIXE meets all applicable data protection requirements. 

9    Place of jurisdiction, place of performance, applicable law

9.1 The place of jurisdiction for the assertion of claims for both contracting parties is the registered office of APTIXE, insofar as the requirements according to 2011/83/EU of the Code of Civil Procedure are met.

9.2 The place of performance for all obligations arising from the contract is the registered office of APTIXE.

9.3 The contractual relationship and all legal relationships arising therefrom are subject exclusively to the law of Sweden to the exclusion of conflict of laws, private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG).