GERMANCERT – General Terms and Conditions
General Terms and Conditions of GERMANCERT, hereinafter referred to as GERMANCERT, for freely agreed services, in particular assessment and audit activities for its contractual partners, hereinafter referred to as “clients”.
hereinafter referred to as “clients”.
1. General
GERMANCERT provides certification, audit and assessment services for its clients.
Unless otherwise agreed in individual cases, the client accepts the GERMANCERT General Terms and Conditions and prices valid at the time the order is placed as well as the “GERMANCERT Auditing Services”.
“GERMANCERT Auditing and Certification Rules”. Conflicting or deviating terms and conditions of the client are only binding if they have been expressly accepted in writing by GERMANCERT.
2. Execution of the order
GERMANCERT certifies, audits and assesses the management system of the client or parts of it with the aim of evaluating the conformity to specified or agreed requirements, including the effectiveness of the system or parts of it.
system or parts thereof. The client receives an expert opinion and/or a GERMANCERT certificate or a certificate or declaration of conformity. As a matter of principle, assessments are carried out at the place of performance of the client.
GERMANCERT is independent, neutral and objective in its audits. The execution of the order is based on the respectively valid “GERMANCERT Auditing and Certification Rules” (www.germancert.de), which are binding for both parties. The type and scope of GERMANCERT’s services are specified in writing when the order is placed; partial services are possible. The parties shall agree dates for the procedure separately. If changes and/or extensions of the stipulated scope of the order arise in the course of the proper execution of the order, these must be additionally agreed in writing between the contracting parties in advance. If the contractor cannot reasonably be expected to adhere to what has been agreed with regard to the changes or extensions, the contractor shall have the right to withdraw from the contract. In this case, however, the client must pay the agreed remuneration or, in the absence of an agreement, an appropriate remuneration.
3. obligations of the client
The client must provide GERMANCERT with all information and documents necessary for the execution of the order conscientiously, completely and in good time. The client must draw attention of his own accord to all processes and circumstances which could be of importance for the execution of the order. The execution of the order without fulfilment of the above points is at the sole risk of the client, unless GERMANCERT is guilty of contributory negligence.
4. secrecy, copyright, data protection
GERMANCERT takes care that neither expert opinions nor other facts or documents which become known during the performance of the service and which refer to the client and the subject matter of the order are disclosed, exploited or passed on without authorisation. GERMANCERT may take copies for its files of written documents which have been made available to it for inspection or which have been handed over for the execution of the order. Insofar as expert opinions, assessment results and the like are produced in the course of the order and are subject to copyright protection, GERMANCERT grants the client a simple, non-transferable right of use to these, insofar as this is necessary in accordance with the contractually
purpose of the contract. Further rights are not transferred, in particular the client is not entitled to change expert opinions, evaluation results etc.. GERMANCERT also processes and uses personal data exclusively for its own purposes within the GERMANCERT Group. It also uses automatic data processing systems for this purpose. In order to meet the requirements of Art. 32 DSGVO, it has taken technical and organisational measures to ensure the security of the data files and the data processing procedures. The employees involved in processing are obliged to comply with the applicable provisions of the GDPR and are required to strictly adhere to all relevant data protection provisions.
5. warranty
GERMANCERT’s warranty only covers the services expressly commissioned.
In the case of certification services, GERMANCERT is obliged to issue the certificate if the respective requirements have been fulfilled. Insofar as GERMANCERT provides general services, the parties agree that GERMANCERT does not owe any specific success but only services and that it is solely in the client’s sphere of decision and risk to make decisions resulting therefrom on the basis of the services provided.
6. Liability
GERMANCERT is liable for damages – irrespective of the legal grounds – only if GERMANCERT, its legal representative or its vicarious agents have caused such damages intentionally or by gross negligence or if GERMANCERT, its legal representative or its vicarious agents have negligently breached a material contractual obligation (“cardinal obligation”). In the event of a breach of a material contractual obligation, GERMANCERT shall only be liable for the foreseeable damage typical for the contract at the time of the conclusion of the contract. Liability for indirect consequential damages, including consequential damages typical for the contract, is excluded. In all other respects GERMANCERT’s liability is limited to twice the value of the order, but to a maximum of 100,000 euros per business transaction and 250,000 euros per calendar year.
7. terms of remuneration and payment
The respective valid prices of GERMANCERT apply to the calculation of the services, unless a fixed price or another basis of assessment has been expressly agreed. Orders are invoiced in sections after the services have been rendered. Invoices are payable net within 10 days from the date of invoice without deduction. In the event of default of payment GERMANCERT is entitled to charge the interest customary in banking at the time.
GERMANCERT reviews its prices at regular intervals. Should it become necessary to adjust prices due to increased overhead or purchasing costs, this will be notified at least 4 months before it comes into effect. Fee increases from third party providers. Report and certificate costs and other fees are excluded from notification 4 months in advance. The prices ordered shall continue to apply for services already ordered in writing.
8. deadlines and dates
GERMANCERT and the client agree on audit dates as long as possible. Deadlines are confirmed in writing. If, at the instigation of the client, a confirmed appointment cannot be kept, GERMANCERT may charge the actual expenses incurred in preparing the appointment. In the case of cancellations by the client less than eight weeks before the start of the performance of the service, GERMANCERT will charge 70 per cent of the order sum plus travel expenses incurred or cancellation fees. In the case of cancellations by the client less than seven calendar days before the start of the service provision
GERMANCERT will charge 100 per cent of the order sum plus travel expenses or cancellation fees incurred
9. Duration and termination
The contract is concluded for an indefinite period with the placing of the order. It can be terminated by the client in writing without giving special reasons with a period of notice of six weeks to the end of each quarter. In the event of termination by the client GERMANCERT reserves the right to charge for the services already provided. In the case of cancellations by the client less than eight weeks before the start of the service provision, GERMANCERT will charge 70 percent of the order sum plus travel expenses incurred or cancellation fees.
In the case of cancellations by the client less than eight calendar days before the start of the service provision, GERMANCERT will charge 100 per cent of the order sum plus travel expenses or cancellation fees incurred. GERMANCERT can only terminate the contract for good cause
10. final provisions
The place of jurisdiction is Bad Neuenahr-Ahrweiler. German law applies. Should any of the above conditions be or become invalid, this shall not affect the validity of the remaining conditions. The invalid provisions shall be replaced by provisions which come as close as possible to the economic purpose of the contract and the reasonable protection of the interests of both parties. In addition to the above terms and conditions, the specific requirements in the version valid at the time, including their supplementary interpretations, shall apply in the case of individual certification services.All our previous General Terms and Conditions are hereby cancelled.
