ENGLISH
GERMAN1. General
All our quotes, deliveries, consulting services and other services are exclusively subject to the following terms and conditions. Deviating or additional agreements, including, but not restricted to examination and testing provisions made by the customer, are not binding to us unless confirmed by us in writing. By accepting our terms and conditions, the customers acknowledge our conditions and waive their own terms and conditions. All amendments to contracts shall be made in writing. This applies both to collateral agreements and representations and to subsequent contract amendments including changes to the test/examination mandate.
2. Foundations and confidentiality
While performing tests and examinations, the employees of Werkstoffprüfung Kunze GmbH who are charged with performing the services and consultancy are obliged to obey and comply with the laws, standards and other relevant regulations that are applicable at the time when the order was placed. This includes particularly the requirements of DIN EN ISO/IEC 17025 and the requirements of DIN EN ISO/IEC 17020 on quality assurance and the independence of the testing lab.
All chemical analysis data, technological and other test data as well as all other confidential information of which the contractor obtains knowledge during execution of the contract will be treated as confidential by the same and will be used exclusively in the framework of the services to be supplied.
The confidential data and information will not be passed on to third parties. Confidentiality in the handling of third-party data is additionally governed by the Quality Management Guide of Werkstoffprüfung Kunze GmbH.
3. Quotes, acceptance of orders
The quotes prepared by us and throughput times stated by us are subject to alteration. A contract will not become effective before a written order confirmation or an order is issued, or, in the case of telephone orders, by making a written note on the contract. This note can also be made later by the contractor on the order, after the scope of the examination/testing has been clarified.
4. Sampling conditions
Sampling done outside normal hours and outside the test premises (Monday to Thursday 7:30 AM to 4:00 PM, Friday 7:30 AM to 3:00 PM) are invoiced according to time and effort, based on the quoted hourly rates.
Werkstoffprüfung Kunze GmbH is not responsible for false results occurring due to the sampling location requested by the customer or due to false information given.
The information, drawings, etc. required for performing the examination/test contract must be provided to Werkstoffprüfung Kunze GmbH in good time.
5. Prices
The prices quoted are strictly net plus the statutory value-added tax. If our costs increase after order placement, we reserve the right to impose a surcharge in the amount of the cost increase, if the deliveries, services and consultancy have been provided after four months of order placement.
6. Terms of payment
Accounts receivable are due for payment net (without discount) within 14 days after receipt of the invoice.
In case of payment default, Werkstoffprüfung Kunze GmbH shall be entitled to charge default interest according to § 288 BGB, without prejudice to issuing claims for further damage. In the case of larger examination contracts that go beyond the usual scope of service, Werkstoffprüfung Kunze GmbH shall be entitled to demand payment in advance.
Offsetting payment against other uncontested or legally binding counterclaims is not allowed.
Die Werkstoffprüfung Kunze GmbH is entitled to retain pending deliveries in case of overdue payments.
7. Liability
We shall be liable for damages sustained by the customer only inasmuch as if we or our agents are accused of having acted wilfully or grossly negligently and the damage is not based on breach of essential duties of contract.
This applies to all claims for damages for any legal reason whatsoever, but not for personal injuries.
8. Serverability clause
Should one or more provisions of these Terms and Conditions be found to be invalid or become invalid, this shall not affect the validity of the remaining provisions.
The invalid provision shall be replaced by a valid provision which is equal to or comes closest to the economic intent of the invalid provision.
In case of doubt as to how to interpret these terms and conditions, the German version shall be valid.
9. Court of jurisdiction
The place of jurisdiction for all rights and claims arising from this contract including claims for repayment in case of withdrawal from or cancellation of the contract, is Hagen in North-Rhine Westphalia, Germany. Werkstoffprüfung Kunze GmbH is also entitled, in case of a legal dispute, to take legal action against a customer at any other legal place of jurisdiction. The performance of the examinations and tests and claims resulting therefrom is governed by German law.