Scope of Application The terms of contract between ASG Analytik-Service AG as contractor (hereinafter referred to as AN) and the Customer shall be governed exclusively by the following General Terms and Conditions. Any deviating agreements shall require the written consent of the Contractor. The Customer acknowledges these General Terms and Conditions upon placing the order.
Scope and execution of the contract The Contractor shall work in accordance with EN ISO 4259. Contracts must be in writing to be effective. In the event of an oral order, the Contractor shall be entitled to determine the content of the contract by written confirmation on the basis of the scope of investigation recorded in the expert opinion. Declarations, confirmations or undertakings by employees must be in writing or confirmed in writing in order to be effective. The scope of the services to be rendered results exclusively from the offer including any written order confirmations. Insofar as deadlines for the execution of the order have been determined, these are only binding if they have been agreed in writing. These provisions shall also apply to preliminary reports.
Prices The prices shall be agreed in detail on a project-specific basis. The latest price list of the Contractor shall serve as a basis.
Acceptance Defects shall be notified to the Contractor in writing within 21 days of delivery of the test report or expert opinion, stating the reasons. If no complaint is received by the Contractor within this period, the service shall be deemed to have been accepted. The date of receipt of the complaint shall be decisive. Later complaints are excluded.
Terms of payment Invoices are payable immediately after invoicing without any deduction. At the request of the Contractor, partial payments shall be granted. If the Customer is in default of payment, the Contractor shall be entitled to demand interest at a rate of 3% above the discount rate of the Deutsche Bank. The Contractor reserves the right to assert further damage caused by default.
Deadlines, delay, impossibility Delivery periods and dates are non-binding unless their binding nature has been expressly agreed in writing in advance. Influences of force majeure such as strikes, illness, operational disruptions or even default on the part of one of our suppliers shall entitle us to postpone performance for the duration of the hindrance and a reasonable start-up period.
Liability and warranty All complaints regarding repeatability and comparability of test results and compliance with pro- duct specifications shall be assessed in accordance with EN ISO 4259. In case of disputes with the CO, the procedures of sections 8 to 10 of the standard shall be applied. The Contractor shall provide its services in accordance with the state of the art applicable at the time of the order and with the care customary in the industry. It shall be liable for the defectiveness of its services by rectifying them free of charge. Only if this rectification fails, the reduction of the remuneration or the cancellation of the contract can be demanded. The claim for rectification of defects must be asserted by the customer in writing without delay. The Contractor shall only be liable for claims for damages in the event of intentional or grossly negligent breaches of contractual or ancillary contractual obligations. Except in the case of intent, liability shall not include such damages as could not typically have been expected or foreseen for the specific order. The Contractor is insured against personal injury, property damage and financial loss with an insured sum of EUR 220,000.00.
Limitation All claims against the Contractor shall become time-barred 6 (six) months after performance of the service. This shall not apply in cases where the statutory limitation period is shorter.
Protection of test reports The Contractor shall retain the copyright to the services rendered - insofar as they are suitable for this purpose. The Customer may use the test report produced within the scope of the order, including all tables, calculations and other details, only for the purpose for which it is intended as agreed. The publication and reproduction of the test reports and expert opinions, in particular for advertising purposes, as well as their use in extracts in other cases require written permission.
Secrecy The Contractor undertakes to make available to the Customer all results obtained in connection with an order. Information received or obtained shall be treated confidentially.
Sample delivery and storage The delivery of the samples by the customer shall be at the customer's expense and risk. This does not apply if collection has been agreed. In case of shipment by the customer, the sample material must be packed properly and in compliance with the legal regulations. The customer shall be liable for any damage caused by a dangerous condition of the sample material. The Customer shall be obliged to inform the Contractor of all dangers known to him. Samples shall be stored for four weeks insofar as their condition permits and they have not been consumed or modified for the purpose of testing. Longer storage shall be remunerated by the Customer. After expiry of the storage period, the samples will be disposed of. The costs incurred for this can be claimed from the customer. If the customer wishes the samples to be returned, this will be done after a written request and at the customer's expense.
General conditions Claims of the Customer arising from contracts with the Contractor shall be subject to a prohibition of assignment. With merchants who are not among those named in § 4 HGB (German Commercial Code), Augsburg is agreed as the place of performance and jurisdiction. Should individual provisions of these General Terms and Conditions be invalid in whole or in part, the remaining provisions shall remain unaffected.
ASG Analytik-Service AG Trentiner Ring 30 86356 Neusäss Germany