General Terms and Conditions of LUFA Nord-West
1. General
These General Terms and Conditions (hereinafter referred to as GTC) of LUFA Nord-West apply to all commercial goods and services of the institutes of LUFA Nord-West unless in individual cases otherwise provided by an express written agreement. The GTC are deemed as accepted with the award of the contract to LUFA Nord-West. They also apply to all future business relations, even if their validity is not expressly indicated.
Changes to these GTC after their coming into force shall also be part of current contracts, unless the client, despite of special notice, uses its right of objection within a period of one month after the notification of change. General Terms and Conditions of the client of LUFA Nord-West do not apply to the process and execution of order.
2. Conclusion of the contract, goods and services
The agreed goods/services of LUFA Nord-West are determined by the written confirmation of order. A certain economic success is not owed. LUFA Nord-West reserves the right to state order confirmation orally or through conclusive action. Written form applies to agreements including supplements, changes and collateral agreements.
Dates and deadlines are binding only after written confirmation by LUFA Nord-West. They are subject to the reservation that the suppliers and cooperation partners of LUFA Nord-West meet their obligations. Events of force majeure, riots, strikes, supply problems, operation disruptions and other disruptions at LUFA or its suppliers or cooperation partners not attributable to faults of LUFA Nord-West as well as their consequences do relieve LUFA from its obligation to perform for the period of disruption and to the extent of their impact. Furthermore, LUFA Nord-West is entitled in the case of such events, under the exclusion of any obligation to compensate, not to provide contractual services. The client shall be informed by LUFA about such impediments as soon as possible. It shall be reimbursed for the already rendered advance/compensation payments.
LUFA Nord-West is entitled to have partial contractual services carried out by appropriate third parties of its choice.
3. Price and payment conditions
Prices of the current price and service specification of LUFA Nord-West including the applicable value-added tax apply to all goods and services. The price and service specification of LUFA Nord-West is subject to continuous calculation adjustments. LUFA Nord-West is therefore entitled to adapt the respective prices if necessary to the changing market conditions. Shipping costs can be charged separately. In case of services which are not listed in the price and service specification, the price shall be calculated based on the price provided for a comparable service. If a comparable service is not listed, the price is calculated based on the time spent and special expenses.
Invoices are due and payable without deduction within a period of 14 days of receipt. In case of default of payment, the statutory regulations apply.
LUFA Nord-West is entitled to demand advance payments for its services if circumstances indicating an impairment of creditworthiness or insolvency of the client become known to it. If the client rejects an advance payment, LUFA Nord-West shall be entitled to withdraw from the already accepted contractual relations and compensation.
4. Sample delivery and storage of samples
The client shall bear the costs and the risk for the delivery of samples, unless a collection was agreed. In case of delivery by the client, the sample material must be properly packed taking into account any instructions given by LUFA.
Unless agreed otherwise, samples shall be stored as long as their state, under storage conditions complying with the current state of technology, allows an evaluation, but not longer than 3 months and according to the legally prescribed storage period. The samples shall be returned to the client only within the storage period on special request and at the expense of the client.
5. Protection of the work results/confidentiality
LUFA Nord-West reserves the copyright to the services provided (certificate, inspection reports, analyses, etc. performance results), insofar as these are suitable for this. The client is entitled to use the services/performance results only after the full payment of remuneration and for the contractually agreed purpose.
The publication and reproduction of certificates, inspection reports, analysis results, etc. for advertising and other business purposes is subject - including in the case of partial use - to the written consent of LUFA Nord-West. The same applies to the use of the name of LUFA Nord-West for advertisement purposes in connection with the provision of services by LUFA Nord-West, both in the public and with regard to third parties.
All results achieved under an order shall be provided only to the client, unless agreed otherwise in individual cases, or a legal standard provides a legally binding obligation to report, other than provided herein. Received and acquired information shall be treated confidentially unless it is already publicly known or accessible or has already been known to LUFA Nord-West.
6. Liability
LUFA Nord-West is liable in accordance with the legal regulations, insofar as the client asserts claims for damages based on intention or gross negligence including intention or gross negligence of the representatives or vicarious agents of LUFA Nord-West. As far as LUFA Nord-West is not blamed for intentional breach of contract, liability covers only those damages, which are typically related to the contract and are foreseeable.
In case of culpable violation of an essential contractual obligation, LUFA Nord-West is liable according to the statutory provisions, where the liability is also limited to the foreseeable, typically occurring damage. Otherwise, LUFA Nord-West is not liable in the case of simple negligent violations of not essential contractual obligations.
7. Final provisions
Data processing
LUFA Nord-West is entitled in compliance with the data protection law to store and to process personal and economic data of the customer acquired during the execution of the order.
Place of performance, jurisdiction and applicable law
Place of performance is the location of the authorised institute of LUFA Nord-West.
Place of jurisdiction is exclusively, provided that the client is a registered trader, a legal entity of public law or a special fund under public law, the competent court in Oldenburg (Oldb.) at the location of the executive board of LUFA Nord-West.
All legal relations between LUFA Nord-West and its clients are exclusively subject to the law of the Federal Republic of Germany. Should any provision of these GTC be or become fully or partially invalid, the remaining provisions and contracts entered into thereunder remain valid. The ineffective provision of the contract shall be replaced by a provision, which comes closest to the economic purpose of the contract with due consideration of mutual interests.
These General Terms and Conditions (hereinafter referred to as GTC) of LUFA Nord-West apply to all commercial goods and services of the institutes of LUFA Nord-West unless in individual cases otherwise provided by an express written agreement. The GTC are deemed as accepted with the award of the contract to LUFA Nord-West. They also apply to all future business relations, even if their validity is not expressly indicated.
Changes to these GTC after their coming into force shall also be part of current contracts, unless the client, despite of special notice, uses its right of objection within a period of one month after the notification of change. General Terms and Conditions of the client of LUFA Nord-West do not apply to the process and execution of order.
2. Conclusion of the contract, goods and services
The agreed goods/services of LUFA Nord-West are determined by the written confirmation of order. A certain economic success is not owed. LUFA Nord-West reserves the right to state order confirmation orally or through conclusive action. Written form applies to agreements including supplements, changes and collateral agreements.
Dates and deadlines are binding only after written confirmation by LUFA Nord-West. They are subject to the reservation that the suppliers and cooperation partners of LUFA Nord-West meet their obligations. Events of force majeure, riots, strikes, supply problems, operation disruptions and other disruptions at LUFA or its suppliers or cooperation partners not attributable to faults of LUFA Nord-West as well as their consequences do relieve LUFA from its obligation to perform for the period of disruption and to the extent of their impact. Furthermore, LUFA Nord-West is entitled in the case of such events, under the exclusion of any obligation to compensate, not to provide contractual services. The client shall be informed by LUFA about such impediments as soon as possible. It shall be reimbursed for the already rendered advance/compensation payments.
LUFA Nord-West is entitled to have partial contractual services carried out by appropriate third parties of its choice.
3. Price and payment conditions
Prices of the current price and service specification of LUFA Nord-West including the applicable value-added tax apply to all goods and services. The price and service specification of LUFA Nord-West is subject to continuous calculation adjustments. LUFA Nord-West is therefore entitled to adapt the respective prices if necessary to the changing market conditions. Shipping costs can be charged separately. In case of services which are not listed in the price and service specification, the price shall be calculated based on the price provided for a comparable service. If a comparable service is not listed, the price is calculated based on the time spent and special expenses.
Invoices are due and payable without deduction within a period of 14 days of receipt. In case of default of payment, the statutory regulations apply.
LUFA Nord-West is entitled to demand advance payments for its services if circumstances indicating an impairment of creditworthiness or insolvency of the client become known to it. If the client rejects an advance payment, LUFA Nord-West shall be entitled to withdraw from the already accepted contractual relations and compensation.
4. Sample delivery and storage of samples
The client shall bear the costs and the risk for the delivery of samples, unless a collection was agreed. In case of delivery by the client, the sample material must be properly packed taking into account any instructions given by LUFA.
Unless agreed otherwise, samples shall be stored as long as their state, under storage conditions complying with the current state of technology, allows an evaluation, but not longer than 3 months and according to the legally prescribed storage period. The samples shall be returned to the client only within the storage period on special request and at the expense of the client.
5. Protection of the work results/confidentiality
LUFA Nord-West reserves the copyright to the services provided (certificate, inspection reports, analyses, etc. performance results), insofar as these are suitable for this. The client is entitled to use the services/performance results only after the full payment of remuneration and for the contractually agreed purpose.
The publication and reproduction of certificates, inspection reports, analysis results, etc. for advertising and other business purposes is subject - including in the case of partial use - to the written consent of LUFA Nord-West. The same applies to the use of the name of LUFA Nord-West for advertisement purposes in connection with the provision of services by LUFA Nord-West, both in the public and with regard to third parties.
All results achieved under an order shall be provided only to the client, unless agreed otherwise in individual cases, or a legal standard provides a legally binding obligation to report, other than provided herein. Received and acquired information shall be treated confidentially unless it is already publicly known or accessible or has already been known to LUFA Nord-West.
6. Liability
LUFA Nord-West is liable in accordance with the legal regulations, insofar as the client asserts claims for damages based on intention or gross negligence including intention or gross negligence of the representatives or vicarious agents of LUFA Nord-West. As far as LUFA Nord-West is not blamed for intentional breach of contract, liability covers only those damages, which are typically related to the contract and are foreseeable.
In case of culpable violation of an essential contractual obligation, LUFA Nord-West is liable according to the statutory provisions, where the liability is also limited to the foreseeable, typically occurring damage. Otherwise, LUFA Nord-West is not liable in the case of simple negligent violations of not essential contractual obligations.
7. Final provisions
Data processing
LUFA Nord-West is entitled in compliance with the data protection law to store and to process personal and economic data of the customer acquired during the execution of the order.
Place of performance, jurisdiction and applicable law
Place of performance is the location of the authorised institute of LUFA Nord-West.
Place of jurisdiction is exclusively, provided that the client is a registered trader, a legal entity of public law or a special fund under public law, the competent court in Oldenburg (Oldb.) at the location of the executive board of LUFA Nord-West.
All legal relations between LUFA Nord-West and its clients are exclusively subject to the law of the Federal Republic of Germany. Should any provision of these GTC be or become fully or partially invalid, the remaining provisions and contracts entered into thereunder remain valid. The ineffective provision of the contract shall be replaced by a provision, which comes closest to the economic purpose of the contract with due consideration of mutual interests.
