§ 1 Scope
- The legal relationships between k-labor GmbH and its client are based on the following contractual conditions.
- Deviating terms and conditions of the client, which we do not expressly acknowledge in writing, are non-binding for us, even if we do not expressly contradict them.
§ 2 Placing of order
- The placing of an order to k-labor GmbH must always be in writing. This also applies to later additions and changes of any kind. Information given verbally and by telephone is always non-binding.
- The appraisals, tests and other services to be carried out by k-labor GmbH are to be precisely defined according to their subject matter and purpose when the order is placed, as are the regulations on storage / return or disposal of the objects / test material / test equipment to be tested (samples, parts, components, etc.) Ä.).
§ 3 Execution of the order
- All tests and other services are carried out by k-labor GmbH according to the specified standards or regulations or according to the general state of science and rules of technology within the framework of objective and impartial application of their expertise. The client can convince himself of the contractual execution at any time by providing information to be provided by k-labor GmbH or by being present when the tests are carried out.
- The objects to be tested / test material / test equipment (samples, parts, components, etc.) are carriage paid to k-labor GmbH,
Unidekstr. 5, 75015 Bretten, Germany. Procurement and transport are in any case at the expense and risk of the client.
- As required, k-labor can freely dispose of the test material / test equipment (samples, parts, components, etc.) required for a test, unless otherwise agreed in writing.
- As a rule, k-labor GmbH fulfills the order in the laboratory area with its own personnel and material resources. Otherwise, k-labor GmbH is entitled to carry out the necessary and customary examinations and research at the client’s expense or to have them carried out in order to process the order without the client’s special consent. If unforeseen or disproportionately time-consuming and costly investigations are required in relation to the purpose of the order, the prior consent of the client will be obtained.
§ 4 Deadlines
- The order is carried out by k-labor GmbH within an agreed period. The deadline for the delivery of the service begins with the conclusion of the contract or after receipt of the order and the objects / test material / test equipment to be tested (samples, parts, components, etc.).
As part of routine testing, k-labor GmbH endeavors to process orders within 15 working days. Priority processing can be agreed individually after consultation and given capacities against a surcharge.
- If k-labor GmbH requires documents from the client for the provision of the service, the period does not begin until these documents have been received. If the delivery date is exceeded, the client can only withdraw from the contract or demand compensation in the event of delay in performance by k-labor GmbH or the impossibility for which k-labor GmbH is responsible.
- k-labor GmbH is only in default if it is responsible for the provision of its services. In the case of delivery obstacles for which we are not responsible, which are based on an event through no fault of our own and lead to serious operational disruptions, such as cases of force majeure, illness, strikes and lockouts, there is no delay in delivery. The delivery period is extended accordingly, and the client cannot derive any claims for damages from this. If such obstacles make it completely impossible for k-labor GmbH to provide the service, it will be released from its contractual obligations. In this case, too, the client is not entitled to any compensation.
- In addition to deliveries, the client can only demand compensation for delayed damages if k-labor GmbH can be proven to have acted with intent or gross negligence.
- The order fulfillment occurs when the written result of the order is sent by post or electronically.
§ 5 Client’s Obligations to Cooperate
- The client must ensure that k-labor GmbH receives all information and documents necessary for the execution of the order free of charge and in good time.
- k-labor GmbH is to be informed in good time and without special request of all processes and circumstances that are recognizable for the execution of the order.
§ 6 Remuneration and Payment
- The prices and agreements stipulated in writing between the client and k-labor GmbH apply. Any change must be made in writing.The services are calculated on the basis of the offers made by k-labor GmbH and the scope of services.
- If contracts are concluded for the services, the agreements made there apply.
- k-labor GmbH creates an invoice with the submission of the test results (examinations, reports, consultations and other services).
The remuneration is due in accordance with the agreement and accounting. All prices are exclusive of statutory VAT.
- Additional administrative expenses e.g. B. for preparation of offers, invoicing, sample management, documentation or multiple and new issuance of test or investigation reports through no fault on the part of k-labor GmbH will be invoiced separately.
- The minimum order value of an order for existing customers must reach € 200.00 – for new customers € 250.00.
- For activities outside of business hours, a price surcharge of 50% of the respective price will be charged.
- Scheduling / express surcharges for delivery of our services within:
1 day (until the end of the following working day): 100% surcharge
2 days (until the end of the 2nd working day): 75% surcharge
3 days (until the end of the 3rd working day): 50% surcharge
- If the client cancels the order after the order has been placed and the order confirmation has been received by the contractor, the services rendered up to that point will be invoiced by the contractor.
- The client may only offset undisputed or legally binding claims against the price claims made by k-labor GmbH.
- The client may withhold payment for the service due to material defects until k-labor GmbH has decided on the justification of the notification of defects; in addition, only if the client provides sufficient security.
- The client may not withhold payment for the service due to notices of defects from a contract other than the one from which the price claim originates.
- Failure to comply with terms of payment or circumstances which call into question the creditworthiness of the client result in all claims of k-labor GmbH becoming due immediately. In these cases, k-labor GmbH is entitled to withdraw from the contract after a reasonable period of grace or to demand compensation for non-performance. The same applies to non-cashing of bills of exchange or checks, suspension of payments, bankruptcy or a request for a settlement by the client.
- The client can only offset counterclaims by k-labor GmbH if the client’s counterclaim is undisputed or a legally binding title is available. The client can only assert a right of retention insofar as it is based on claims from the concluded contract.
§ 7 Retention periods
- Unless the client has specified any special retention periods and agreed in writing,
or if there are legal requirements, the following rules apply:
- Technical records (test reports, test results, test reports, etc.) are archived by k-labor GmbH after completion and their transmission to the client for a period of 10 years.
- After completion of the order-related work, the objects to be tested / test material / test equipment (samples, parts, components, etc.) from standard tests are stored for a period of 3 months.
After this period, the test items / test material / test equipment (samples, parts, components, etc.) will be disposed of without further information to the client.
- In the case of damage analyzes, a representative amount of the objects / test items / test equipment (samples, parts, components, etc.) is stored for a period of 5 years after the tests have been completed.
The items to be tested / test material / test equipment (samples, parts, components, etc.) are stored within the deadlines specified here without any additional charge. If the client wishes to keep them longer, the contractor will charge the costs for archiving.
- The objects / test material / test equipment (samples, parts, components, etc.) to be tested are then sent to waste disposal. Proper disposal will be arranged for the client by k-labor GmbH after the retention period has expired. The costs arising from the disposal will be charged to the client separately and are not part of the order costs.
- At the request of the client, the test items / test material / test equipment (samples, parts, components, etc.) can be returned. This must be communicated in writing before the start of the test. If the client has agreed to return the items / test material / test equipment (samples, parts, components, etc.) with k-labor GmbH, the return by k-labor GmbH is carriage forward or against an invoice for the shipping costs to the client.
§ 8 Confidentiality
- K-labor GmbH is subject to confidentiality. The duty of secrecy includes all facts that are not obvious.
- The duty of confidentiality also applies to all persons working in the company.
- As part of the order, k-labor GmbH may continue to use scientific methods and procedures developed by k-labor GmbH free of charge (for its own purposes).
- Unless otherwise agreed, k-labor GmbH is entitled to use results from research orders without naming the client and test material in a scientifically customary manner.
- Test reports (examinations, expert opinions, etc.) may only be published – even in extracts – with the written approval of k-labor GmbH.
§ 9 Termination
- Client and k-labor GmbH can terminate the contract at any time for an important reason. The termination must be declared in writing.
- Important reasons which entitle k-labor GmbH to terminate the contract include refusal of the necessary cooperation by the client; if the client is in default of debt or in financial collapse; if k-labor GmbH determines after accepting the order that it lacks the expertise required to approve the order.
- Otherwise, termination of the contract is excluded or must be specified in writing when the order is placed.
- If the contract is terminated for an important reason for which k-labor GmbH is responsible, k-labor GmbH is entitled to remuneration for the partial service provided up to the time of termination only insofar as this is objectively usable for the client.
- In all other cases, k-labor GmbH retains the right to the contractually agreed fee, but with the deduction of saved expenses.
§ 10 Warranty
- k-labor GmbH guarantees the execution of the work in accordance with these general terms and conditions as well as the individual agreements in the written contract on the basis of the scientific and technical knowledge available to it.
As a guarantee, the client can only demand the free rework of a defective service.
- If improvements are not made within a reasonable period of time or if the improvement fails three times, the client can demand the cancellation of the contract (conversion) or a reduction in the agreed fee (reduction).
- Defects must be reported to k-labor GmbH in writing immediately after they are discovered. The exclusion period for warranty claims against k-labor GmbH is 6 months, starting from the handover of the test results, expert opinion or the like by k-labor GmbH.
- In the absence of warranted properties, a claim for damages remains unaffected.
§ 11 Liability
- k-labor GmbH is only liable for damage – regardless of the legal reason – if k-labor GmbH or its employees caused the damage intentionally or through gross negligence. All further claims for damages are excluded. This also applies to damage caused by repairs.
- Claims for damages that are not subject to the short limitation period of § 638 BGB expire after three years. The limitation period begins with the receipt of the test results (examinations, advice and other services) from k-labor GmbH by the client.
- In any case, liability is limited to the amount of the order value.
§ 12 Place of fulfillment and place of jurisdiction
- The place of performance is the seat of k-labor GmbH.
- If the client is a registered trader, legal entity under public law or a special fund under public law, the head office of k-labor GmbH is the exclusive place of jurisdiction.
- The same place of jurisdiction as in No. 2 applies if the client does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought.
§ 13 Miscellaneous
- Should individual provisions of these terms and conditions, or parts thereof, be or become invalid, the remaining provisions will remain in effect.
- The general terms and conditions are published on the national k-labor website www.k-labor.de. The current version as of January 2020 replaces all previous versions.