General Terms and Conditions
General Terms and Conditions (“GTC”) apply to all contracts between SAL GmbH ("SAL") and customers, unless otherwise expressly agreed in writing or defined by law.
2. Quotation / Scope
The quotations are nonbinding and valid for 6 weeks, unless SAL specifies a special binding period. For the content of publications, brochures or data sheets no warranty claim can be submitted. The scope of services to be provided by SAL is governed solely by the underlying written contract.
3. Provision of Services
The services or reports are based on the results and / or those existing standards, we consider applicable.
Reports relating to testing of samples state only properties of the tested sample at the time of testing according to a specific test instruction. The test result has no relevance and is not valid for the remainder of the quantity from which the sample was taken.
All documents and information required to complete the order have to be handed over by the customer. The verification of the correctness of the documents is only included, if this is separately agreed. The customer must ensure that required information, customer-specific instructions, documents and test specimen are available and that the necessary technical equipment of the customer is accessible and ready for operation and operates without fault. If this is not the case, SAL shall be entitled to charge the customer resulting additional expenses, in particular for delays not caused by SAL.
5. Electronic Data Processing
SAL is entitled to commission third parties with the provision of the agreed service or partial services or to use the help of third parties. This is stated explicitly in the quotation.
7. Additional Services
If SAL provides additional services not listed in the contract, these will be charged according to the current price list.
8. Use of Test results
The work results, in particular reports may be distributed only in full length and unmodified.
After provision of the service, the customer is legally obliged to approve services according to § 640 BGB.
10. Prices and Terms of Payment
Unless otherwise agreed, all prices are net prices, invoiced in €. Freight, packaging, insurance and VAT are charged separately. SAL is entitled to make partial deliveries without agreement of the customer and can settle partial services provided within an order (interim invoice). After completion of the order or approval, SAL issues the final invoice.
Unless otherwise agreed, the invoice amount is due immediately without deduction. The customer shall be in default if the invoice is not paid within 30 days of the due date and receipt of the invoice (see §286 (3) BGB).
11. Right of Retention
SAL may retain the customer’s documents and work results until calculated fees and expenses are payed.
12. Arrears Fee
In case of outstanding charges past the due date, SAL is entitled to demand overdue fines and an interest of 4% above the base rate.
Without the written consent of SAL, the customer is not entitled to withhold or reduce the purchase price to settle complaints or counterclaims. Unless otherwise agreed, SAL is entitled to demand payment in advance or cash on delivery. These terms of payment are communicated to the customer in advance.
13. Removal of Defects / Malperformance
If SAL has offered to provide a service, the legal regulations governing the rights of the customer in the event of defects apply (in particular supplementary performance, self-performance, rescission, reduction in price, compensation or reimbursement of wasted expenditure).
For business errands, in particular for advice and information, the legal regulations for malperformance apply.
SAL is liable for its own fault as well as for the fault of its vicarious agents, unless in individual cases the liability is limited or excluded by special agreement.
15. Written Form
Changes and additions must be made in writing. This also applies to an agreement on the waiver of the written form requirement. Information referring the order can also be sent by E-Mail. The written form requirement is not maintained by E-mail.
16. Court of Jurisdiction
This agreement is subject to German law. The court of Jurisdiction is Königstein im Taunus.
17. Severability Clause
Should individual provisions of this agreement be or become ineffective, this will not affect the validity of the other provisions. Ineffective provisions are replaced by such provisions that come as close as possible to the content of the invalid provision.