General terms and conditions of business

of the CasoCleanCheck GbR.
General terms and conditions of the CasoCleanCheck GbR (hereinafter CCC) for performing cleanliness tests according to the VDA19 / ISO16232 or company standards including the documentation reports.

§ 1 Validity

1. This terms and conditions apply to companies, legal persons of public law and public funds. By placing an order the customer confirms as an entrepreneur, legal person of public law or public law special fund to act.

2. Acknowledgments or references to his own general terms and conditions are expressly rejected.

3. This Terms and Conditions also apply to future deals of the expertise on particle pollution, unless expressly agreed otherwise.

§ 2  Offer and Conclusion

1. Our offers are not binding until accepted by the respective customer / contractor.

2. Outside the written agreement other agreements have been made, not made ​​oral commitments.

§ 3 Order / deadlines

1. The adoption of the order commits the CasoCleanCheck GbR (hereinafter CCC) for an advisory opinion about the particle contamination of the dispose components samples of the client. The scope and the audit standard to be carried out after the analysis result from the offer, the order and the order confirmation. In case of doubt are the test standards of the last order. In case that no standard can be found in the previous contract and nothing else is expressly agreed, the standard VDA 19 will be applied. 

2. For failure to meet delivery / performance schedules and delivery / performance times, the customer to assert his legal rights is only justified if an adequate, at least 14 days respite amount is set.

3. If we are not justifiable, total or partial impossibility of performance - not only short-term, regular amount to no more than 14 days - Default or delay in delivery of our suppliers or in cases of force majored or equivalent circumstances, we are part of the delivery / part performance or be entitled either to the delayed delivery / performance or to cancel the contract.

4. In the case we are responsible power in the event of default or other breach of duty claims against CCC are usually limited to the expected damage and - except in case of breach of contract, that is of such obligations at risk without their compliance with the contractual purpose or makes compliance with the enforcement of the contract - also cases of gross negligence or intentional action is limited. The restrictions under section 4 Sentence 1 of the terms and conditions do not apply to negligent injury of life, limb or health or if the damage is usually covered by liability insurance, unless the causing risk is by the client insurance covered.

5. The claims under product liability law remain unaffected. 

6. The foregoing limitations of liability and limitations which also apply to any claims for compensation for wasted expenditure (§ 284 BGB). Remain unaffected as well as any claims of guaranteed confirmation of the condition of the goods or contractual performance.

§ 4 Customer Obligation

1. The client has for CCC all the necessary information for the execution of the order and the documents are to be provided conscientious, and completely free of charge and on time.

2. The customer must draw attention to on all events of importance and circumstances that could affect the execution of the order.

§ 5 Warranty Claims, Complaints 

1. Obvious shortcomings must be notified immediately upon receipt of the report produced by us, other apparent flaws within two weeks from receipt of the report. Hidden shortcomings must be notified within two weeks of discovery. If not timely complaint in this regard go out warranty claims.

2. Claims expire within one year from the statutory limitation period. This does not apply to flaws according to § 634a paragraph 2 No 2 BGB or § 438 paragraph 1 No. 2 BGB.

3. No warranty claims are for breach of obligations under § 4.1 client and § 4.2. these terms and conditions by the client. This does not apply if the customer proves that the defect would have occurred even without violation of the principal duties.

4. This disclaimer does not apply to claims for injury to life, limb or health or because of damages due to gross negligence or willful misconduct by CCC, one of our legal representatives or agents.

5. Claims under warranties about the nature of the contractual services will remain unaffected.

6. Complaints must be submitted in writing within two weeks after receiving the reports. If the complaint is not received in time, any claims for defects in this regard will lapse. A typing error is not a complaint.

§ 6 implementation, sample delivery, re-use of the samples

1. Unless otherwise agreed, the delivery of the samples is due to shipping. Der Auftraggeber trägt die Kosten des Versandes und die Gefahr. The sampling and packaging must be made according to the standard test to be performed by the client, so that no distortion can be made ​​of the result. Any payments by CCC must be notice.

2. The client is obliged to disclose all known hazards and handling instructions. The customer is liable for all damages caused by breach of duty to warn according to sentence 1, as well as those based on the hazard or lack of sample material, so far as the damage development is not a violation of cardinal obligations on our part (with) the cause, in case of injury inflicted by life and limb by us, a legal representative or agents or in the case of gross negligence or willful misconduct by CCC, one of our legal representatives or agents.

3. The client is advised that the rinsed samples may not be used because of chemical intolerances for the intended purpose. If, however, use is necessary, the compatibility

must be evaluated by the customer.  

4. Unless otherwise agreed, the inspected parts are stored for 14 days. Once the deadline has expired, the samples are disposed of at the expense of the customer. The bill for the disposal will be sent to the client.

5. Unless specified otherwise, the item analysis reports in PDF format by email. The shipment is uninsured. The sending of the email is unencrypted. We would like to point to the risk that third parties can gain knowledge of the contents of the email sent with attachments. The filter with slide mounts is provided to the customer on request, otherwise destroyed after one year storage.

6. Further instructions for material analysis: If it is a plastic particles the one to be examined can not usually be said with certainty about what exactly it is plastic, but rather that in mind, where the respective particles to the plastic.

§ 7 Third Party Use

As far as the contract unfolds with the principal protection for the benefit of third parties, the customer is obliged to agree to all provisions of these terms and conditions in the contract with its counterparty and that for the benefit of the contract protective effect unfolds to include or to agree. The passing of our reports to third parties is permitted only with our express permission. The passing justified - even if our agreement is present - no liability in relation to third parties.

$ 8 Prices

1. Our prices are net prices excluding VAT. The amount of VAT to be charged is determined by the respective relevant law.

2. We are entitled to partial invoices in terms of share of the value of the services to provide the agreed total price. If the customer with the payment of part bills despite prolongation in delay, CCC shall have the right to refuse or rescind the further execution of the order until payment of the invoice to and to claim damages / compensation instead of performance.

3. CCC is entitled to demand in addition to the proportionate value of the services supplied up to the resignation flat rate of 20% of the value not yet services rendered to the board as compensation. The party is open to of the evidence that no or only minor damage occurred.

4. Our invoices are payable within 14 days of the invoice date.

§ 9 Offsetting

A compensation for the customer is only possible with undisputed and legally established claims, based on the same contract as the set-off claim.

§ 10 Premature termination of contract

1. The customer terminates the contract early without good cause to us the agreed compensation is in accordance with § 649 BGB. However we are entitled to the income and / or malicious failure to merit a standard rate of 80% of the agreed price for the not provided service is set. The party remains free to prove that the cost savings and / or malicious failure to otherwise earnings are greater.

2. We are - except for good cause - for the early termination right, if the customer has violated obligations under this contract. As far as legally terminating the contract a warning or a deadline has to precede the termination right exists only after a warning or a deadline.

3. When objectively a lack of creditworthiness, in the case of the application / insolvency proceedings, judicial or extra-judicial settlement proceedings or non-payment of the contract, we are entitled to an early termination, unless our compensation claim is not covered by above events at risk

§ 11 Documents

1. CCC may require the written documents that you let to see or to have been passed for the execution of the order, photocopies some documents to complete.

2. The copyright to the report prepared by CCC belong exclusively to CCC. The client is entitled under of the agreements for the use of the generated report.

3. When the order is placed, the scope of the services is determined. The customer may use in the framework of the order report issued or the provided by CCC services of all related details only for the purpose for which it was agreed when placing the order, if CCC does not have an alternative use gives their explicit consent. CCC is committed to giving consent, in cases where these have no legitimate interests are concerned.

4.All generated and order-related information will be treated confidentially unless we are required by law to disclose it. In this case, the customer will be notified. All customer-related data and information are always treated confidentially.

§ 12 Guarante

1. The CCC will accept responsibility for proper execution of all orders.

2.Soweit the CCC provides services, the parties agree that the CCC no specific result, but only a services and it is the sole decision and liability of the client, using of the services provided to meet resulting necessary decisions.

§ 13 Applicable Law
Contract is subject to the laws of the Federal Republic of Germany

§ 14 Jurisdiction
The jurisdiction is of the headquarters of our company at the time of the pendency of judicial proceedings.