General terms and conditions
If not agreed otherwise in writing, the business conditions form the basis of any contract concluded by us. We will not recognise any client’s conditions, should they conflict with or in any other way deviate from our conditions. This applies, even if we do not expressly disagree with the deviating conditions. Our conditions are deemed to have been accepted at the latest when our service is provided.
II. Laboratory benefits
1. Our proposed and agreed prices are based on our fees, as applicable at the time, and are not inclusive of VAT.
2. The client shall bear the cost and the risk of supplying analysis samples to our business premises, if the sample materials are not collected by us on account. When dispatched by the client, the sample material must be packaged appropriately and in accordance with any instructions given by us. Hazardous sample materials (e.g. toxic, corrosive, explosive, highly flammable or radioactive) and samples with destructive and disruptive component parts (e.g. fluoride, bromide, mercury, chlorine, arsenic, etc. in large quantities) may only be accepted with our consent. Furthermore, the client is under an obligation to provide us with any information relating to the hazards and handling the sample material, and, insofar as he is aware of them, the composition of the sample substances. The costs of the correct disposal of sample materials are to be borne by the client.
3. In cases of force majeure or other extraordinary events that are outside our sphere of influence, which significantly exacerbate fulfilment of the contract or render it possible in whole or in part, we may postpone, restrict or abandon the services for the period of the impediments or withdraw from the unfulfilled part of the contract. Extraordinary events also include, in particular, war, insurrection, disruption, operating and transport problems, authoritative measures, supply problems and industrial disputes, etc.
4. We are not liable for any compensation or other claims for damages of any kind due to client’s slight negligence or for the slight negligence of our agents.
If legally admissible, the level of liability is restricted to the total payment.
5. With regard to guarantee claims, the client is only entitled to remediation. Should there be no remediation, the client may opt either to reduce the compensation or cancel the contract.
III. Information, advice and reports
1. Any information, advice and reports will be provided in all knowledge and conscience, without the liability of the Federal Association or Institute and their agents, if legally admissible. Exceptions hereto must be in written form.
IV. Payment methods
1. Payments are to be made immediately without any deduction immediately on receipt of the invoice. An agreed payment period will be determined from the delivery date. We reserve the right to demand prepayments or security payments or withdraw from the contract, if we are made aware of any circumstances that may put our payments at risk. Our agents are only authorised to accept payments, if a written collection authority is presented.
2. The client only has a right of retention, if this depends on the same contractual relationship.
3. Compensation is only admissible if claims are undisputed or legally determined.
4. If payments are delayed, we are authorised to withdraw from all existing contracts. In addition, we can demand immediate settlement of all payments and suspend our services.
V. Invalidity clause
Should any individual elements of these conditions or the remaining contract prove ineffective, the effectiveness of the remainder will remain unaffected; the parties will then agree on conditions that are as close as possible to the required economic purpose.
VI. Place of fulfilment and jurisdiction
The place of jurisdiction if
, if the defaulter is a businessman/woman, who is not one of the business persons designated in § 4 of the Commercial Code or is a legal entity or a separate public asset. The designated place of jurisdiction is also agreed, if the defaulter named in the legal action after the contract has been concluded has his or her place of residence or usual domicile outside the Federal Republic of Germany or whose place of residence or usual domicile is unknown at the time of commencement of the legal action. Cologne