General Conditions for the Execution of Contracts
The acceptance of an order by TFI Aachen GmbH (TFI) requires written confirmation of the order. Additions or changes must also be confirmed in writing by TFI. Information provided by TFI verbally or by telephone shall not be binding.
Force majeure or unavoidable events shall release TFI from the execution of the order in whole or in part.
Test material shall be sent to TFI carriage paid. The test material not used in the execution of the order shall become the property of TFI unless it is reclaimed by the client within one month of notification of the test result. Unless otherwise
Unless otherwise agreed, TFI may freely dispose of the test material used in a test. The costs of returning the test material shall be borne by the client.
If the client considers the test or the notified test result to be faulty, he may demand that the test be repeated in whole or in part within a reasonable period. If the test result objected to is confirmed, the costs of the repeated test shall be borne by the client. If the new test also proves to be faulty, the client may demand a reduction of the test fee or cancellation of the contract.
Apart from this, TFI shall only be liable for damage demonstrably caused by faulty testing and test results or for damage caused during the performance of the tests and examinations within or outside TFI in the case of grossly negligent breach of contract or in the case of intentional or grossly negligent breach of contract by a legal representative or vicarious agent of TFI. Insofar as the order is placed by a merchant in the course of the operation of his trade or by a legal person under public law or by a special fund under public law, the liability of TFI for direct damage as well as for consequential damage shall be limited to € 25,000, even in the case of intent or gross negligence.
The client shall be obliged to indemnify TFI against any claims for compensation by third parties, in particular also in the case of unrestricted or restricted further use of test results.
The client's claims against TFI for warranty and damages shall become time-barred within 6 months after the test certificate has been issued. The date of dispatch of the test certificate, expert opinion or report shall be decisive for the commencement of the limitation period.
Temporary certificates / certificates of constancy of performance of the TFI may no longer be used after expiry of their validity. Test reports may only be used for advertising purposes with the prior written consent of TFI.
The fees and other remunerations of the TFI shall be in accordance with the respective valid service schedule of the TFI. If an examination or investigation is not completed for reasons for which the client is responsible, a fee of at least 50 % of the fee to be charged for complete execution of the order shall be charged.
Invoice amounts are to be paid without deduction within 2 weeks of the invoice date by cash, cheque or bank transfer. Bills of exchange will not be accepted.
In the event of default in payment, interest shall be payable at a rate of 3% above the discount rate of the European Central Bank. German law shall apply to the legal relationship between the client and TFI.
The place of performance and jurisdiction shall be Aachen.