General Terms and Conditions
§1 Validity of the conditions
The deliveries, services and offers of the company TAZ GmbH are made exclusively on the basis of these terms and conditions. These also apply to all future business relationships. They are deemed to have been accepted at the latest when the service is received. We hereby object to counter-confirmation by the customer with reference to his terms and conditions. Deviations are only effective after written confirmation.
§2 Conclusion of contract
Orders and acceptance require written confirmation. As an exception, telephone confirmation is sufficient for rush orders.
§3 Delivery and service time
The dates and deadlines specified by TAZ are non-binding unless otherwise expressly agreed in writing. Delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible – these include, among other things, Operational disruptions, difficulties in procuring materials, official orders, difficulties in transport are not to be held responsible, even in the case of bindingly agreed deadlines and dates. You entitle TAZ to postpone deliveries and services. After 3 weeks and a reasonable period of grace, the client is entitled to withdraw.
The laboratory reserves the right to subcontract certain tests.
The warranty period is six months and begins on the delivery date.
Defects must be reported in writing immediately, but no later than one week after receipt. In the event of a justified and timely notice of defects, the analysis will be repeated free of charge. Additional claims are excluded. Warranty claims are not assignable.
Unless otherwise agreed, invoices are payable without deduction 30 days after invoicing.
The goods remain our property until full payment. Payment is only deemed to have been made when TAZ can dispose of the amount. If the client is in default, TAZ is entitled to charge interest from that point in time at the rate charged by commercial banks for open overdrafts, but at least 5% above the respective discount rate of Deutsche Bank (plus statutory VAT).
In the event of a new business relationship or default, advance payment may be required. The customer is not entitled to set-off, retention or reduction unless counterclaims have been legally established or are undisputed. If the client withdraws from the contract after being commissioned (also by telephone) or if he does not accept the finished analysis, he must compensate for the damage incurred as a result. A flat-rate compensation fee of 50% of the order value (but at least €200) is hereby agreed – regardless of the fault of the customer.
§7 Specification and consideration of measurement uncertainties in test results
If a statement of conformity is made based on measured values analyzed by the TAZ, the following decision rule applies:
To comply with specification limits, the measured value is taken into account without the associated measurement uncertainty. The requirement is met if the measured value is less than or equal to the tolerance limit or the upper limit value (applies analogously to lower limit values). If the customer would like to use a different decision rule, this must be discussed with TAZ GmbH before the start of the analysis.
Note on the decision rule and specification of measurement uncertainties:
If TAZ GmbH is commissioned to carry out an analytical examination without checking compliance with limit values or specifications, no conformity assessment will be carried out. The measurement uncertainties given in the table as standard are the maximum process uncertainties that can occur. Possible inhomogeneities of customer samples are not taken into account. The expanded measurement uncertainty is specified, which results from the standard measurement uncertainty by multiplying it by the coverage factor k=2. The value of the measured variable lies with a probability of 95% in the assigned value range. We give our customers the opportunity to assess measured values close to the limit values. TAZ GmbH is happy to determine the specific measurement uncertainty of the customer sample, which e.g. T. can be well below the procedural uncertainty if a homogeneous sample matrix is present. However, this is an additional expense that is subject to a fee. Results of analyzes using X-ray fluorescence are only given semi-quantitatively. Quantitative results can be analyzed at the customer’s request. In this case, the associated measurement uncertainties are determined individually.
Claims for damages from impossibility of performance, from positive breach of contract, from culpa in contrahendo and from tort are excluded against the company TAZ (as well as against vicarious agents or vicarious agents), unless intentional or grossly negligent action is involved. Claims for damages due to impossibility or delay are limited to the amount of the invoice value.
Distribution and publication of the analysis requires the written consent of TAZ GmbH.
All advice is non-binding. This also applies to the observance of property rights of third parties.
§11 Place of Jurisdiction, Partial Invalidity
To the extent permitted by law, Eurasburg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
§12 Retention of title
If goods are delivered, they remain our property until full payment has been made.
Aichach, March 2021
TAZ GmbH Asam