General terms and conditions
General terms and conditions of the CasoCleanCheck GbR (hereinafter CCC) for performing cleanliness tests according to the VDA19 / ISO16232 or company standards including the documentation reports.
§ 1 validity
- 1. This General terms and conditions are valid towards companies, juridical persons in public law as well as for public special funds. The customer confirms to act with this in mind.
- 2. Any other wording of the confirmation and counter-statements will be expressly rejected.
- 3. This General terms and conditions are also valid in future except there are other agreements.
§ 2 offer and conclusion of a contract
- 1. Our offers are not binding until accepted by the respective customer or contractor.
- 2. Beyond the written contract neither other agreements nor oral commitments have been made.
§ 3 orders and time limits
- 1. By the acceptance of the order the CCC is committed to perform a cleanliness tests on the provided specimen according to the VDA19 / ISO16232 or company standard including the documentation reports. The scope of service and the analysis standard arise from the offer, the order and the project authorization. In case of doubt the last analysis standard is given. Nevertheless the general specification VDA19 is always applied.
- 2. For disregard of dates of delivery the customer is justifiable to assert his rights only if an extended deadline of minimum 14 days is set.
- 3. In case of completely or partially impossibility to fulfill the contract – this could be a delay of our suppliers or force majeure – we are justifiable for delivery delay, partial delivery or cancelling the contract.
- 4. In case of reasonable delay or other breaches of duty compensation claims towards CCC are limited to the usually expecting damage – except in case of breaching essential contract items – so that contractual purpose cannot be reached or not until the observance of obligations makes the implementation of the contract possible – also cases of gross negligent or intentional action are limited. The restrictions under section 4 sentence 1 do not apply to negligent injury of life, limb or health as far as the damage is usually covered by liability insurance, unless the causing risk is covered by the client/customer insurance.
- 5. The claims under product liability law remain unaffected.6. The foregoing liability limitations also apply to any claims for compensation for wasted expenditure (§ 284 BGB). Any claims of guaranteed commitment of the condition of the goods or contractual performance remain unaffected.
§ 4 customer obligations
- 1. The client has to provide all necessary information for the performance of the order conscientious, completely, free of charge and on time.
- 2. The customer must draw attention on all events of importance and circumstances that could affect the execution of the order.
§ 5 defect claims
- 1. Obvious shortcomings must be notified immediately after receipt of the provided report, other recognized flaws within two weeks from receipt of the report. Hidden shortcomings have to be notified within two weeks after discovery. If the complaint does not lodge in time the claim of defect expires.
- 2. The claims expire within one year from the statutory limitation start. This does not apply to flaws according to § 634a paragraph 2 No 2 BGB or § 438 paragraph 1 No. 2 BGB.
- 3. There are no claims for breach of obligations according to § 4.1 client and § 4.2 by the client. This does not apply if the customer proves that the defect would have occurred even without violation of the principal duties.4. The foregoing liability limitations do not apply to claims for injury to life, limb or health or because of damages due to gross negligence or willful misconduct by CCC, one of our legal representatives or agents.5. Claims under warranties about the nature of the contractual services will remain unaffected.
§ 6 implementation, sample delivery, re-use of the samples
- 1. Unless otherwise agreed, the delivery of the samples shall be done by shipping. The transport costs have to be paid by the client. The risk of transport damage is known to the customer. The sampling and packaging must be made by the client according to the standard specification requirements, so that no falsification can occur. Any instruction by CCC must be noticed.
- 2. The client is obliged to disclose all known hazards and handling instructions. The customer is liable for all damages caused by breach of duty to warn according to sentence 1, as well as those based on the hazard or lack of sample material, so far as the damage development was not a violation of cardinal obligations on our part, in case of injury inflicted by life and limb by us, a legal representative or agents or in the case of gross negligence or willful misconduct by CCC, one of our legal representatives or agents.
- 3. The client is advised that the analyzed specimens may not be used because of chemical intolerances for the intended purpose. If, however, use is necessary, the compatibility must be evaluated by the customer.
- 4. Unless otherwise agreed, the analyzed parts are stored for 14 days. Once the deadline has expired, the samples are disposed of at the expense of the customer. The bill for the disposal will be sent to the client.
- 5. Unless specified otherwise, the report is being sent in pdf format by email. The sending is unencrypted. We would like to point out the risk that third parties can gain knowledge of the contents of the email sent with attachments. The filter with slide mounts is provided to the customer on request, otherwise destroyed after one year storage.
- 6. Further instructions for material analysis with SEM: Due to the EDS method organic material is very difficult to analysis exactly. Organic particles are only conditionally visible because of the grey scale value. Plastic particles have to be examined individually.§ 7 Third Party Use1. As far as the contract unfolds the principal protection for the benefit of third parties, the customer is obliged to arrange all provisions of these terms and conditions in the contract with its counterparty and respectively with the one who is under this contract protection. The passing of our reports to third parties is permitted only with our express permission. The passing justifies – even if our agreement is present – no liability in relation to third parties.
§ 8 Prices
- 1. Our prices are net prices excluding VAT. The amount of VAT to be charged is determined by the respective relevant law.
- 2. We are allowed to write partial invoices measured on the pro rata value of the service provided. If the payment of the partial invoice is overdue, CCC shall have the right to refuse or rescind the further execution of the order until payment of the invoice and to claim damage / compensation instead of performance.
- 3. CCC is entitled to demand in case of cancellation (not payment) of the contract 20 % of the origin value in addition to the proportionate value of the services provided. The contract party is free to provide the evidence that no or only minor damage has occurred.4. Our invoices are payable within 14 days of the invoice date.
§ 9 Setoff
- 1. A compensation for the customer is only possible with undisputed and legally established claims, based on the same contract as the set-off claim.
§ 10 Premature termination of contract
- 1. If the customer terminates the contract early without good cause we are allowed to charge the agreed compensation according to § 649 BGB. We are also allowed to charge 80 % of the origin value for the expenditures and/or the malicious fail of income. The contract party is free to prove that the cost savings and / or the otherwise malicious fail of income are greater.
- 2. We are entitled – except there is good cause – to cancel the contract earlier, if the customer has violated obligations under this contract. As far as legally terminating the contract a dunning note or a deadline has to precede the termination right.
- 3. When obviously a lack of creditworthiness exists in the case of the application / insolvency proceedings judicial or extra-judicial settlement proceedings or non-payment of the contract, we are entitled to an early termination, unless our compensation claim is not at risk by above named events.
§ 11 Documents
- 1. CCC is allowed to make copies (of the provided written documents) for his own use.
- 2. The copyright of the reports prepared by CCC belongs exclusively to CCC. The client is entitled under the agreements for the use of the generated report.
- 3. When the order is placed, the scope of the services is determined. The customer may use the reports only for the purpose which was agreed, unless an otherwise permission was given by CCC. CCC is committed to giving consent, as far as hereof no legitimate interest is concerned.
§ 12 Guarantee
- 1. The CCC will accept responsibility for proper execution of all orders. As long as the CCC provides services, the parties agree that the CCC do not owe a specific sucess, but only a service and it is the sole decision and liability of the client using the results for necessary decisions or actions.
§ 13 Applicable Law
- 1. Contract is subject to the laws of the Federal Republic of Germany.
§ 14 Jurisdiction
- 1. The place of jurisdiction is the headquarter of our company at the time of the pendency of judicial proceedings.