General Terms and Conditions
Analytik Service Obernburg GmbH
As of: July 2024
1. General Provisions
Offers, orders, and services are exclusively subject to these GENERAL TERMS AND CONDITIONS, which the customer accepts by placing an order.
Deviations or additional conditions are only valid if they have been confirmed in writing by Analytik Service Obernburg GmbH. As agreed, orders only become binding upon written confirmation by Analytik Service Obernburg GmbH.
2. Samples
The delivery and, if applicable, the return of the samples to be examined are at the customer’s risk and expense. All hazard and handling instructions for samples, especially of a toxicological nature, must be communicated to Analytik Service Obernburg GmbH, insofar as their composition is known.
The costs for delivery and, if applicable, return of the samples shall be borne by the client. Sample returns will be charged based on effort, but at least €50.
Any necessary sample preparations will be charged based on effort and consultation.
3. Quotation
Quotations are valid for 60 days. Any changes to the scope of testing or type of sample compared to the quotation must be communicated and agreed upon immediately.
Upon acceptance of the quotation, the test order is considered agreed upon with the customer.
4. Tests
The feasibility of the tests can only be definitively decided after receipt of the samples. Unless otherwise agreed, only the best value will be used for conformity assessments.
If the customer does not specify the procedure to be applied, the laboratory must select a suitable procedure and inform the customer about the chosen procedure.
The test results refer only to the tested items.
5. Deadlines
In cases of force majeure, energy shortages, official orders, or similar influences, the agreed deadlines shall be postponed accordingly.
If a deadline is exceeded by more than 2 months, the customer may withdraw from the unfulfilled part of the contract. Services rendered up to that point must be remunerated.
A commitment to a deadline can only be made after all test components and a written order have been received.
6. Final Report
Upon completion of the examinations, the customer will receive an initial copy of the test report as offered. Subsequent changes and the creation of interim reports will be charged at a minimum of €150 or 5% of the total order value.
7. Payment and Minimum Order Value
Invoices are payable within 30 days of the invoice date. The minimum order value is €500 net.
For an order volume exceeding €10,000, we reserve the right to demand an advance payment.
8. Retained Samples
Retained samples will be stored by Analytik Service Obernburg GmbH for 30 days after the final report is sent, upon customer request and where technically feasible, without additional charge.
Thereafter, the samples will be disposed of.
9. Property Rights
Analysis results are the property of the customer. The transfer of analysis results to the customer does not constitute a publication within the meaning of patent law.
The analysis procedures developed by Analytik Service Obernburg GmbH are the property of Analytik Service Obernburg GmbH.
10. Confidentiality
Analytik Service Obernburg GmbH undertakes to treat all information obtained within the scope of the business relationship as strictly confidential.
Confidential information will only be disclosed to third parties with the express written consent of the customer or if there is a legal obligation to do so.
11. Claims for Defects and Liability
The warranty is limited to the fact that the examinations performed have been carried out based on general scientific principles.
Claims for defects must be asserted within 2 weeks of receipt of the final report.
Claims for damages are excluded, except in cases of intent or gross negligence, to the extent permitted by law.
12. Miscellaneous
Place of performance and jurisdiction is Obernburg. German law applies.
Should individual provisions of these General Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby.
The present version as of July 2024 replaces all previous versions.