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General Terms and Conditions

The following General Terms and Conditions (GT&C) apply to all quotations, contracts and services of wfk-Institut für Angewandte Forschung GmbH (hereinafter abbreviated to wfk). The terms and conditions are considered to be accepted by the Client in full unless the latter has objected to them within fourteen calendar days (after transmission by email or fax or as of the date of the postmark).

Different conditions of the Client require the prior written consent of wfk. Silence on the part of the latter is not considered to mean consent.

1. Subject of the order

The basis of the definition of the investigation objective and nature and scope of services is the written quotation and the written order confirmation of wfk.

The scope of services refers to samples which are ready for analysis or investigation, unless something to the contrary has been agreed.

Amendments or supplements to the agreed scope of services require the written form.

2. Implementation of the order

All orders are processed with an effort appropriate to the issue as well as in accordance with the latest technology and research while observing national and international standards. If the methods or certain investigation scopes are prescribed by the Client, the completeness or appropriateness of the investigations are not the subject of the order with regard to the investigation purpose.

wfk retains the right to determine the methods of the investigations; wfk can extend or limit the test if this appears necessary to undertake the individual test without any problems. If the test costs notified to the Client are exceeded by more than 25 % owing to a subsequent necessary expansion of the test procedure, the advance consent of the Client shall be obtained.

3. Test material

The test material shall be sent to wfk freight paid. The Client is responsible for the correct delivery and packaging and is obliged to enclose the information relevant to the samples in a written form.

For the duration of retention of the test materials, wfk is responsible only for the relevant care which it provides in its corresponding own matters.

The remaining test material shall either be sent back on request or destroyed after three months, insofar as a short storage life does not make such a long period of storage impossible. The return of test material takes place at the risk and expense of the Client.

The costs of disposal shall be borne by the Client, insofar as they exceed the normal level (disposal via household waste or similar).

4. Test results

The test results apply only to the samples investigated.

Investigation reports, certificates and test certificates are binding only if they bear the signature of the management.

If the Client raises objections to the test result within one month after receipt of the test results, he can request the full or partial repetition of the test within an appropriate period. If the test result about which the complaint has been made is confirmed, then the costs of retesting shall be borne by the Client.

The investigation reports and test results are permitted to be notified by the Client to third parties only in full including the associated appendices. Use for advertising purposes is permitted only with the prior written consent of wfk.

5. Withdrawal

Unforeseen events, which substantially change the economic meaning or content of the services or if it emerges subsequently that it is impossible to carry out the order, give wfk the right to withdraw from the contract.

6. Prices

Charges are calculated in accordance with the relevant valid specifications of wfk, insofar as a separate price agreement was not made in writing for certain tests. If individual services are not stated in the specifications, they will be charged according to a time and material basis.

Unless indicated otherwise, the prices stated in the specifications refer to individual investigations with a processing duration corresponding to routine operations. Additional pricing and any granting of discounts depend on the number of samples to be investigated or the number of parameters to be investigated as well as the agreed processing time. If the Client wishes to have a detailed investigation report with comments or an interpretation of the results, then the costs of compiling the report will be calculated separately.

If a particular amount of time and material are required to prepare the sample and assess the agreed tests, this will be calculated in accordance with the information in the specifications. This applies correspondingly to the disposal of the sample material and the chemicals used for testing, insofar as a considerably longer amount of time/larger amounts of material are required for this than the usual measures envisaged.

All prices are understood to be plus statutory value added tax.

7. Payments

The invoice amount is due immediately.

In the event of delayed payments, interest on arrears of 8 % above the basic rate of interest of the Deutsche Bundesbank will fall due. The assertion of additional claims owing to the delay is not ruled out by this.

Offsetting against counterclaims of the Client is permitted only with undisputed counterclaims or those which have been determined in a legally valid manner.

wfk has the right to request advance payments or partial payments corresponding to the work performed from the Client.

8. Liability

wfk is liable for losses owing to incorrect tests or test results caused by slight negligence only up to a maximum of up to triple the order total.

The liability of wfk owing to intent or gross negligence remains unaffected by this.

The Client is obliged to release wfk from any claims for compensation by a third party owing to the use of reports, certificates, test results or reports.

9. Miscellaneous

The legal relationship between the Client and wfk is subject exclusively to German law.

The place of performance is Krefeld.

The place of jurisdiction is Krefeld. This also applies if the Client does not have his registered office in the Federal Republic of Germany.