General Terms and Conditions of CEcert GmbH
Status 28 August 2013
§ 1 Scope of application
(1) The General Terms and Conditions of CEcert GmbH regulate the legal relations between CEcert GmbH and its clients.
(2) Any deviating terms and conditions must be expressly stipulated in writing in the contract.
§ 2 Test specimens
(1) Risk and costs for freight and transport of test specimens to and from CEcert as well as the costs of necessary disposal procedures shall be charged to the client.
(2) CEcert stores test specimens for four weeks after testing. If a longer storage period is agreed upon, CEcert will charge an appropriate storage fee. In this case, CEcert's liability is limited to gross negligence and intent.
(3) Destroyed and/or worthless test material is at CEcert's free disposal, unless otherwise agreed.
§ 3 Publications / Copyright
(1) CEcert reserves the copyright to the documents it produces, such as test results, certificates, expert opinions, etc.
(2) The use of the test results and expert opinions is only permitted in the unabridged original version. This also applies to the contractually granted trademark management. Modified representations that go beyond a change in scale require the express written consent of CEcert.
(3) In the event of violations of paragraph 2, the Client shall pay an appropriate contractual penalty, but at least a sum equal to 30 % of the corresponding order remuneration.
(4) Any further claim for damages shall remain unaffected.
§ 4 Service provided by third parties
CEcert provides its services through its own qualified personnel. CEcert is entitled to use appropriately qualified subcontractors for the fulfillment of the orders. In this case CEcert remains the contractual partner of the client.
§ 5 Deadlines / Delay
(1) The specified test duration is non-binding, unless its binding nature is expressly agreed.
(2) The time limit for the preparation of the test report does not start until CEcert has received the complete project documentation and the final test item from the client.
§ 6 Warranty / Liability
(1) CEcert's warranty expressly refers to the service specified in the order. Any liability for damages caused to the test specimen by this service or tests is excluded.
(2) CEcert's liability towards the client is limited within the framework of the legal provisions and per order to an amount of € 3,000,000 lump sum for personal injury and property damage, at most 2 times the amount for all insured events of an insurance year, whereby the liability per personal injury is limited to € 3,000,000.
§ 7 Nondisclosure
(1) CEcert is committed to absolute confidentiality towards its clients.
(2) CEcert is entitled to keep the documents provided by the client for inspection in its files.
(3) These documents are used within CEcert only for the execution of your order, a transfer to third parties or any other use requires authorization by the client.
§ 8 Place of jurisdiction, place of fulfillment
Place of jurisdiction and place of fulfillment are Wismar.
All legal relationships are subject to the law of the Federal Republic of Germany.