General Terms and Conditions

These terms and conditions apply to companies and legal persons under public law and and special funds under public law (§ 310 I 1 BGB).

 

§ 1  Scope of application and data protection

(1) All delivery transactions, agreements and offers in commercial business transactions are governed exclusively by the following conditions in their current version, even if no further express reference is made to these in the future. Amendments and modifications to these terms and conditions require the written form. The following conditions also apply in particular if our customer has communicated their own terms and conditions which deviate from these, or has presented these in writing. These shall not became part of the contract without our express consent or that of persons acting our behalf.

(2) All customer information provided as part of the registration or ordering process shall be stored by us and processed for ordering and customer service purposes. The aforesaid is valid as notification according to article 12 ff. of the European GDPR.
Furthermore, we refer to our data protection.

 

§ 2  Offers, implementation of the contract

(1) The data in the catalogue, on electronic media as well as on other data carriers is subject to change. This data does not constitute a binding offer. Moreover, we shall reserve the right, during the period of validity of a catalogue, to remove products and services from the range or to replace these, as well as to alter product and performance characteristics on the basis of market conditions.

(2) The information, illustrations, drawings, weights, dimensions and other technical data as well as the referenced E, DIN and VDE standards or data contained in catalogues, on data carriers, on electronic media and in other promotional mailings shall offer no guarantees (assurances), and merely represent quality specifications which may be amended at any time prior to the implementation of the contract. Technical data contained in offers merely constitutes quality information and offers no guarantee or warranty.

(3) We reserve the legal copyright and (except for in the case of special advertising mail) property rights to our catalogues as well as to data carriers, electronic media and other sales materials; these may not be transferred to third parties (except for in the case of special advertising mail). All use relating to the aforementioned materials shall require our prior consent.

(4) The customer’s order represents a binding offer on their part. We can accept this offer within 14 days after receipt of the order by confirming the order in writing. Sending the customer the processed/calibrated goods within this period also constitutes acceptance of the offer.

 

§ 2a  Condition of the goods

(1) The customer shall ensure that the goods (measuring equipment) sent to us are not hazardous and that they do not contain harmful substances (contaminants).

(2) If the customer fails to carry out the necessary electrical safety tests, or if these are not carried out in accordance with the goods, we reserve the right to such an inspection. We are entitled to charge for expenses associated with these tests.

 

§ 3  Pricing/conditions of payment

(1) If no written price agreement is made, the net prices indicated in our latest catalogues and price lists on the day of order shall apply, plus the respective value added tax. Catalogues and price lists can be viewed at our offices or requested from us free of charge. In case of a net order value of less than € 100.00, we charge a flat-rate processing fee of € 42.00.

(2) Our invoices are due 30 days after the invoice date without exception. In the case of late payment, the statutory default interest rate (§ 288 BGB) shall apply. Starting from the first reminder, we charge flat-rate default charges of € 15.00 plus the respective value added tax for each reminder.

(3) The customer shall only be entitled to set-off rights if their counterclaims are legally confirmed, are undisputed or are recognised by us. Customer rights of retention exist only for counter-claims resulting from the same contractual relationship.

(4) If the customer is in default of payment, we reserve the right to use cash on delivery or payment in advance for order processing. We will inform the customer of this in advance.

 

§ 4  Delivery time, receipt of goods

(1) We can make partial deliveries - this is especially true for larger orders - unless this is unreasonable for our customers.

(2) If we specify delivery dates or deadlines, these are considered non-binding customer information relating to the estimated processing timeframe at the time of conclusion of the contract.

(3) If the customer is obliged to perform further actions, provide more information and/or satisfy further conditions, without which our services cannot be provided, any binding delivery periods that have been agreed shall be moved or extended to cover the relevant period. In such a case, a new delivery deadline should be agreed.

(4) Should we be prevented from fulfilling our obligations due to force majeure circumstances that were impossible to predict at the time of concluding the contract, such as labour disputes, strikes, lockouts, unforeseeable operational interruptions or unavoidable raw materials shortages and similar circumstances beyond our control, we shall be freed from our obligation for the duration of this disruption. Agreed delivery periods shall be extended for the duration of the disturbance. In the case of a delay of more than 4 weeks, the customer is entitled to withdraw from the contract. Customer claims for damages caused under circumstances of the aforementioned type are excluded. Our customers’ contractual obligations are, however, also suspended for the duration of the disruption. We shall notify the customer promptly of the beginning and end of the above force majeure circumstances within the meaning of this provision and, not later than six months after the end of the disruption, that we were not at fault.

(5) If delivery is delayed as a result of any circumstances caused by the customer, the customer shall be liable to compensate us for all resulting additional expenses.

 

§ 5  Transfer of risk/shipment

(1) The customer is obliged to pay the agreed remuneration, provided the goods are handed over to the person specified at shipment. The customer bears the price risk from this point on.

(2) At the customer’s request, the goods can be insured by the carrier against all risks to be insured from or via the carrier at customer's charge.

 

§ 6  Lien/right of retention

(1) In accordance with § 647 BGB, we obtain a lien with respect to the instruments and apparatus belonging to the customer which have been given to us for calibration. We reserve the right to use these objects in accordance with the legal regulations (§§ 1204 et seq. BGB).

(2) If a lien is not created pursuant to para. 1, we will exercise a right of retention on objects handed over to us for calibration. In the event of default payment on the part of our customers.

 

§ 7  Collection/transport

(1) Where the delivery of the goods has not been agreed, we will notify the customer immediately after provision of the trades contracted with us, that the calibrated equipment is ready for collection.

(2) At the customer’s request, we will ship instruments and equipment handed over to us for calibration via external courier service on behalf of the customer after completion of our services and trades. We will inform the customer of the costs of courier shipment when placing the order at their request.

 

§ 8  Measuring accuracy

(1) Calibrations are carried out at laboratory temperature. The exact temperature will be shown on the calibration certificate. Deviations in the calibration may occur as a result of use in other temperature ranges. The degree of variance depends on factors such as the temperature environment and the device material/device type.

(2) The calibrated instrument must be stored, used and transported by the customer with the utmost care in order to obtain measurement accuracy.

 

§ 9  Customer's rights in the event of defects

(1) In the case of services being performed faultily on our part, the customer has the right to claim for warranty or damages in accordance with the following regulations.

(2) The customer has the right for supplementary performance.

(3) We are only responsible for any damages that result from the deficiency of our works if this is the result of a grossly negligent breach of duty from our part, from our legal representative or from our vicarious agent.

(4) The aforementioned limitation is explicitly not valid if we, our legal representative or our vicarious agent culpably violate an obligation that originates a liability for damages resulting from an injury of life, of the body or the healthiness, or if an obligation is violated that imprints the contract.

(5) We are only liable according to our premium of default (§ 254 BGB).

 

§ 10  Joint liability

(1) We shall be liable for any other claims for damages of any kind, especially those caused by negligence at the time of conclusion of the contract or by a breach of contractual or legal obligations, if these are at least attributable to a grossly negligent breach of duty on our part, or on that of our legal representatives or vicarious agents. Otherwise, we are not liable.

(2) The above provision does not apply to foreseeable damages due to the violation of essential contractual obligations. In such a case, we are liable if the damage was foreseeable. Our liability does not include foreseeable excess risks.

(3) Paragraph 1 and 2. shall not apply, unless liability for damages arising from injury to life, body or health is established by a willful breach of duty on our part or on the part of our legal representatives or vicarious agents. The same applies for a breach of duty which affects the character of the contract.

 

§ 11  Withdrawal from the contract

(1) We can withdraw from the contract if, following conclusion of the contract, circumstances essential to contract performance have developed beyond our control in such a way that performance becomes impossible or unreasonably difficult for us.

(2) We are also entitled to withdraw if our customer fundamentally violates their contractual obligations.

(3) We are furthermore entitled to withdraw if our customer makes false statements about their creditworthiness. This shall also apply if our customer is objectively unworthy of credit and thus our work compensation claim appears at risk; this also applies in the case that the customer has provided a sworn statement.

(4) Otherwise, the right of withdrawal of both parties shall be determined in accordance with statutory provisions.

 

§ 12  Applicable law/jurisdiction

(1) German law shall apply exclusively to the contractual relationship between the parties.

(2) The court of jurisdiction for all legal disputes arising from the contractual relationship shall be Braunschweig.

 

§ 13  Place of performance

The parties agree that the place of performance for all contractual obligations shall be Braunschweig.