GTC

General provisions

Unless expressly agreed otherwise, our General Terms and Conditions of Business notified to the contractual partner shall apply. Our contractual partner agrees to the fact that in the case of the use of general terms and conditions by him in case of doubt our conditions are to be assumed, even if the conditions of the contractual partner remain uncontradicted.

Actions we take to fulfil a contract on our part shall not be deemed consent to the contractual conditions deviating from our terms and conditions. If any ambiguities remain in the interpretation of the contract, these must be cleared up in such a way that those contents are deemed to have been agreed which are usually agreed in comparable cases.

Individual agreements which deviate from our general terms and conditions do not have any legal effects.

All declarations, with which rights and duties for the TÜV AUSTRIA GMBH are justified, in particular also price formation agreements, only develop legal effects insofar as they were given to the TÜV AUSTRIA GMBH or a written order confirmation of the TÜV AUSTRIA GMBH is available.

The TÜV AUSTRIA GMBH is bound to the written offers made by the lawful representative or lawful according to the agreement.

If the contractual partner withdraws from the contract in whole or in part, the TÜV AUSTRIA GMBH is entitled in any case to invoice the costs incurred up to that point (e.g. personnel costs, purchase of sample material, standard requirements, etc.) on presentation of the corresponding documents.

Works of the TÜV AUSTRIA GMBH are protected by copyright. However, the contractual partner is free to use and exploit the commissioned work in extrajudicial and judicial proceedings and the like. The publication of a commissioned work carried out by the TÜV AUSTRIA GMBH (also in trade journals) requires the consent of the TÜV AUSTRIA GMBH. For its part, the TÜV AUSTRIA GMBH itself reserves the right to publish commissioned studies and works for scientific purposes, taking anonymity into account.

Obligation of secrecy

The TÜV AUSTRIA GMBH undertakes to maintain secrecy towards the client to the extent permitted by law. The obligation to secrecy refers to the client himself, the contents of the order, the result of the expert opinion as well as to all further information resulting from the fulfilment of the contract. The TÜV AUSTRIA GMBH also undertakes to secrecy on the part of its employees and third parties involved.

Liability for advice, information and inspection

Basis for the liability of the TÜV AUSTRIA GMBH within the scope of the monitoring activity are the information and documents provided by the client, which are recorded in a preliminary remark to the findings, as well as in the individual test reports in the appendix.

The TÜV AUSTRIA GMBH assumes no liability for the correctness and completeness of this information and documents. In the event of incorrectness and incompleteness of the information provided by the client, the client undertakes to inform the TÜV AUSTRIA GMBH immediately.

Within the scope of non-destructive tests and acceptance tests, the TÜV AUSTRIA GMBH does not assume any liability for damages caused by or during the performance of the commissioned test on systems or other objects of the client. The exclusion of liability extends to those cases in which the necessary disassembly work is carried out by employees of the client themselves, but as preliminary work for the execution of the commissioned inspection by TÜV AUSTRIA GMBH. The TÜV AUSTRIA GMBH also assumes no liability for any consequential damages resulting from the disassembly or reassembly.

The TÜV AUSTRIA GMBH is not liable for things of the client which it has taken into custody for the execution of investigations, this also not if a return after completion of the commissioned investigation for whatever reasons fails to take place.

The TÜV AUSTRIA GMBH accepts no liability for damage caused directly or indirectly to third parties by inspected services or property of the client. The client undertakes to indemnify and hold TÜV AUSTRIA GMBH harmless with regard to all claims for damages by third parties.

The TÜV AUSTRIA GMBH is liable exclusively for intent and gross negligence.

Tariff application

The TÜV AUSTRIA GMBH charges a flat rate as well as time and effort. A calculation is always necessary.

The following costs are not included in the hourly rate:

Equipment fees, expenses for deliveries and services of third parties, travel expenses, transport expenses, as well as in particular also premiums for insurance policies to be taken out, insofar as the conclusion of additional insurance policies is necessary for reasons of increased risk or for reasons of an activity abroad.

Work which must be carried out under particular time pressure will be invoiced at an express surcharge.

The services of the TÜV AUSTRIA GMBH are subject to value-added tax. Invoices are due for payment promptly after receipt without deduction.

However, the TÜV AUSTRIA GMBH reserves the right to agree on a staggered down payment in individual cases when accepting an order.

In the event of late payment, interest on arrears in the amount of 10% will be charged.

The claim is directed exclusively to the client. If the order is placed by several customers, these are liable to undivided hand.

Jurisdiction agreement

For the decision of all disputes arising from this contract, the competent court at the seat of the TÜV AUSTRIA GMBH has local jurisdiction. However, the TÜV AUSTRIA GMBH has the right to sue also at the general place of jurisdiction of the contractual partner.

Complaint procedure

Complaints must be addressed in writing to the TÜV AUSTRIA GMBH. For the complaint procedure, EN ISO/IEC 17025, section 7.9, applies to the inspection body, EN ISO/IEC 17020, section 7.5, to the inspection body and EN ISO/IEC 17065, section 7.13, to the certification body, as well as the regulations in the TÜV AUSTRIA GMBH's QM system.

Final provisions

Any change or addition, as well as the cancellation of this contract must be in writing. Verbal agreements - before, during or after conclusion of the contract - have no legal effect.

Agreements, as far as they contradict this contract, are considered to be cancelled as of the effectiveness of this contract; claims can no longer be derived from it.

Should individual provisions of this contract be or become invalid, this shall not affect the legal validity of the remaining contractual provisions. In such a case, the invalid provision shall be reinterpreted or amended in such a way that the intended result is achieved.

Status June 2018