The German reference office for proficiency testing and reference materials GmbH (hereinafter referred to as DRRR) for freely agreed services, in particular testing, training and expert activities as well as reference materials.
§ 1 General terms and conditions
The client acknowledges the General Terms and Conditions and price lists valid at the time of placing the order. Deviating terms and conditions of individual clients cannot be accepted.
Collateral agreements, promises and other declarations by the employees of the DRRR are only binding if they are expressly confirmed in writing by the DRRR. This shall also apply to amendments to this clause.
If individual regulations within this contract or its components are ineffective, this does not affect the validity of the remaining regulations. The contracting parties shall have a duty, acting in accordance with the principles of good faith, to replace any invalid provision by one which is valid and which produces the same economic outcome as that intended by the invalid provision and providing that such replacement does not result in any change to the content of the contract; the same shall also apply analogously to any matter which requires regulation but for which no provision is made in these Terms and Conditions.
§ 2 Execution of the order
The orders accepted by the DRRR shall be carried out or expert opinions shall be prepared in accordance with the recognized rules of technology and – unless otherwise agreed in writing – in the manner customary at the DRRR. No responsibility shall be assumed for the correctness of the safety programs or safety regulations on which the tests are based, unless expressly agreed otherwise in writing.
The scope of the DRRR’s work shall be specified in writing when the order is placed. If the proper execution of the order results in changes or extensions to the specified scope of the order, such changes or extensions shall be agreed in writing prior to execution. If the Customer can no longer be reasonably expected to adhere to the contract with regard to the changes or extensions, the Customer shall in this case be entitled to withdraw from the contract. However, according to § 649 BGB, the client must pay the agreed remuneration or, in the absence of an agreement, an appropriate remuneration.
The contractual services of the DRRR are deemed to have been rendered upon preparation of the respective final reports or expert reports.
A seminar registration can be cancelled free of charge for up to 6 weeks, after which the customer will be invoiced for the costs of the participants depending on the time and effort involved.
The following cancellation conditions apply to the cancellation of a proficiency testing:
|Cancelation notification period:|
|Associated cancelation fees:|
|up to 3 months before the proficiency testing||no costs (D)|
|50,00 € (E)|
|3 months before the proficiency testing start||50,00 € (D)|
|half proficiency testing price (E)|
|sample shipment – deadline of the results||complete price of the proficiency testing and any further incurred costs (D & E)|
|D = Permanent registration / E = single (one-time) registration|
§ 3 Deadlines
The order deadlines specified by the DRRR shall not be binding unless their binding nature has been expressly agreed in written form.
§ 4 Warranty and liability
The integrity of the sample material to a defined condition is only guaranteed until the first border crossing in the case of foreign shipments.
Safety note: When sending materials of risk group 2, the DRRR must receive a letter from the recipient stating that the recipient is authorized to handle hazardous materials (e.g. pathogenic germs).
The DRRR’s warranty only covers the services expressly commissioned to it pursuant to Section 2.
No warranty is thereby assumed for the correctness and functioning of the relevant overall system, measuring instruments or materials to which the examined or tested samples belong; in particular, the DRRR bears no responsibility for packaging, material selection and construction of the examined systems, measuring instruments or assemblies, unless these issues are expressly the subject of the order.
Even in the latter case, the warranty obligation and legal responsibility of the manufacturer are neither limited nor assumed.
The warranty obligation of the DRRR is limited to the rectification of an error or defect or, in the absence of a warranted characteristic, to the achievement of this characteristic within a reasonable period of time. If the rectification or creation of the characteristic fails, i.e. if it becomes impossible or unreasonable for the Customer or is refused or unduly delayed by the DRRR, the Customer shall be entitled to demand a reduction in the remuneration or rescission of the contract, at its discretion.
The DRRR shall not be liable for any work performed by the Customer in the event of incorrect proficiency tests or reference materials.
The DRRR only assumes liability for certain properties, in particular for the fact that the service is suitable for the purposes of the Customer, if a corresponding assurance of the properties in question has been given. Any liability for consequential damages from positive breach of contract due to warranted characteristics is excluded, unless the warranty was intended to protect against such consequential damages. Claims for damages of the client from §§ 463, 635 BGB due to the lack of assured characteristics remain unaffected.
If an error or defect that does not represent the absence of a warranted characteristic is due to a circumstance for which the DRRR is responsible, the DRRR shall only be liable for any damage incurred by the Customer as a result thereof per order up to a maximum amount that corresponds to the value of the order agreed in accordance with Section 2.
The materials may only be used for the corresponding scientific purpose by trained qualified personnel. The DRRR is in no case responsible and liable for used, unused or unusable samples.
The samples are intended for analytical purposes only. The DRRR assumes no liability if the samples are not used for the intended analytical purposes.
All materials are definitely not suitable for human consumption unless they are sensory materials. Oral ingestion of materials not intended for sensory purposes can be harmful to health.
In the case of sensory materials, it is the responsibility of the test persons themselves to check whether they can test the materials with regard to allergies. The ingredients of the sensory materials are declared.
All samples and packaging materials are the property of the DRRR. Samples that are used for non-destructive testing and are therefore not subject to destruction in the course of the interlaboratory comparison can be reclaimed by the DRRR upon request. The DRRR will bear the shipping costs for the return transport, if the materials are reclaimed.
The analytical properties of the material can only be guaranteed if the transport, storage and use conditions specified by the DRRR are observed.
For frozen samples, the DRRR only guarantees that the samples will be treated in accordance with the material properties stated in the data sheet. For frozen samples delivered to countries outside the EU, we can only guarantee the sample properties up to the first customs clearance point at the respective EU border.
§ 5 Exclusion of further liability and claims
The risk (transport and remuneration risk) shall pass to the Customer as soon as the goods have left the DRRR, regardless of whether the goods are transported by the Customer’s own or third-party means of transport.
Claims for damages by the client are excluded. This does not apply to intent, gross negligence, breach of essential contractual obligations of the DRRR or the lack of properties guaranteed in writing.
All further claims of the client for direct and indirect damage – for whatever legal reason – in particular claims for damages due to positive breach of contract or from tort and for compensation for damage that did not occur on the object of the order itself are excluded. Irrespective of this, the client is obliged to take out the usual insurance against direct and indirect damage.
§ 6 Remuneration and payment terms
Unless otherwise stated, the prices are in euros and do not include value added tax. This will be invoiced separately at the currently applicable rate in accordance with the applicable tax regulations.
The goods remain the property of DRRR until they have been paid for in full by the customer.
The fees according to the DRRR’s currently valid List of Services shall apply to the calculation of the services unless a fixed price or another basis of assessment has been expressly agreed in writing. In the absence of a valid specification of services, individual contractual arrangements shall be made in each case.
Advances on costs can be requested. Partial invoices can also be issued in accordance with the services rendered. Partial invoices need not be marked as such. The receipt of an invoice does not mean that the DRRR has fully invoiced the order.
The fees are due for payment immediately after invoicing, at the latest by the date printed on the invoice (8 days net, without deduction). Unless another arrangement has been made. If payment is made at a later date, default interest of 2% above EURIBOR will be charged on the outstanding invoice amount for the period between the due date and receipt of payment.
Objections to the invoices of the DRRR must be notified in writing within a preclusive period of 14 days after receipt of the invoice, stating reasons.
§ 7 Confidentiality and copyright
The DRRR reserves the copyrights to the expert opinions, test results, calculations, etc. prepared by it.
The DRRR and its employees may not unauthorizedly disclose or exploit business and operating relationships that come to their knowledge in the course of their work.
The DRRR may take copies for its files of written documents that have been made available to the DRRR for inspection and that are of importance for the performance of the assignment.
If the proficiency test report and the laboratory code are sent by e-mail, no guarantee can be given that confidentiality will be ensured.
§ 8 Place of jurisdiction, place of performance, applicable law
The place of jurisdiction for the assertion of claims for both parties to the contract is Kempten, provided that the conditions according to § 38 of the German Code of Civil Procedure are met. This applies in particular to dunning proceedings.
The place of performance for all obligations arising from the contract is Kempten, the contractor’s registered office.
The contractual relationship and all legal relationships are subject exclusively to the law of the Federal Republic of Germany applicable between domestic contracting parties, excluding the Uniform Law on the Sale of Goods and the United Nations Convention on Contracts for the International Sale of Goods.
§ 9 Guarantee of services and goods from cooperation partners
For reference materials sold on behalf of our cooperation partners, the following conditions apply with regard to liability and warranty:
The liability of our cooperation partners, their legal representatives and vicarious agents is limited to cases of intent, gross negligence, absence of a warranted characteristic and breach of an obligation, the non-compliance of which would endanger the purpose of the contract. The liability for proven damages due to grossly negligent conduct is limited to the amount of the contractual remuneration; no liability is assumed for consequential damages. Liability is limited to the use of the reference materials for the purposes described in the respective certificate.
Our cooperation partners guarantee the application of scientific diligence as well as compliance with the recognized rules of technology.
Our cooperation partners are entitled to rectify any defects that occur. If the rectification of defects fails, the client is entitled to demand a reduction of the remuneration or cancellation of the contract at his discretion. Further warranty claims are excluded.
The warranty is limited to the stated expiration date of the reference materials.
This applies to: ieLab, TGZ AQS Baden-Württemberg