General Terms and Conditions of BZT-TCP Certification GmbH
Contents
1.Scope of application
2.Testing regulations
3.Certification regulations
4.Periodic inspections – Follow-up services
5.Check of products already on the market
6 Infringement of the certification regulations
7.Complaints procedure
8.Coming into effect and amendment
9.General Terms and Conditions
1.Scope of application
The Testing and Certification Regulations govern:
·The testing and appraisal of technical products, components and technical product designs, e.g. regarding safety, suitability for purpose and environmental compatibility, based on le-gal rules and national, European and international standards and specifications agreed upon with the client.
·The evaluation of test and audit reports, the certification of products and the recognition of quality systems.
·The appraisal and inspection of manufacturing premises with respect to quality assurance measures in connection with the granting of tests marks of BZT or proofs of conformity according to EC directives.
·The surveillance of certified or approved quality systems.
·The review and assessment of technical documentations.
2.Testing regulations
2.1 Basic requirements
The ordering party (manufacturer or distributor/importer of a product), hereinafter referred to as „client“, places an order with BZT-TCP Certification GmbH, hereinafter referred to as „BZT“, or a subsidiary of BZT bound by contract with BZT which is active in the field of “testing and certification”, herein after referred to as „subsidiary“, for a product test or for the evaluation of a quality system.
The order can be placed verbally or in writing, without having to be in any set form. An order placed verbally is acknowledged inwriting.
On the initial placement of a test order with BZT with the aim of certification, BZT concludes with the client a “General Agreement / Application Form“, which lays down the basic conditions for future collaboration. If the client places a corresponding test order with one of the subsidiaries for the first time, the subsidiary concludes with the client a certificate procurement contract in which the client accepts as an essential element of the contract the Testing and Certification Regulations and the General Terms and Conditions of BZT as binding on him. The client must be registered with his company according to the commercial law.
If the client desires certification of his product he must document, in the form of a „mark declaration“, the mark of origin or trade name under which his company distributes the product to be certified.
2.2 Site of testing
Tests are generally carried out in laboratories of BZT or a subsidiary or in laboratories bound by contract with BZT.
Depending on the product, other test sites can also be agreed upon, provided it is ensured that the test environment does not affect the test results and does accord the test requirements.
The decision on the test site lies with BZT or the subsidiaries.
In consultation with the client the tests can also be conducted in third party laboratories or in the client’s own laboratories, if the latter are recognized for the corresponding tests by the DAR (Deutscher Akkreditierungsrat = German Accreditation Council), have been positively assessed, or the requirements for tests in accordance with DIN EN ISO/IEC 17025 have been demonstrated through inspection by the Certification Body of BZT.
Consent which has been given to the performing of external tests can be withdrawn by BZT or the subsidiaries if the fulfilment of the requirements of DIN EN ISO/IEC 17025 can no longer be guaranteed or if complaints by the Certification Body of BZT concerning the test laboratory are not rectified.
If employees of the client participate in the performance of the test, the latter may take place only in the presence and under the supervision of an expert from BZT or the subsidiary (witness testing). In this case the client undertakes to hold BZT or the subsidiary harmless from claims for damages in the event of an employee of the client committing a breach of duty deliberately or through negligence during the testing. The obligation to hold harmless covers costs both in and out of court.
2.3 Test procedure
After placing the order, the client supplies BZT or the commissioned subsidiary with at least one test sample free of charge together with the complete technical documentation required for the evaluation (e.g. constructional data form sheet, operating instructions, certificates on related safety relevant components or technical documentation). If necessary, BZT or the subsidiary can demand several test samples free of charge.
The test sample is tested on the basis of statutory provisions and regulations. If no norms, standards or statutory provisions exist on the nature and scope of testing, BZT lays down, either alone with the client or in collaboration with the commissioned subsidiary and the client, a test program. The test orders are processed on the assumption of the submission in full of all necessary documents and test samples in the sequence in which the orders are received. This applies both to product tests and to quality system audits.
If the client wishes the product testing to result in a test mark licence and if the advancement of the test indicates a positive progress, BZT or the subsidiary performs, in coordination with the client, an initial factory inspection, during which the manufacturing process, assembly and test facilities and also quality assurance measures are checked that are essential for the continuous observance of a quality level consistent with the model evaluated.
On completion of the test procedure the client receives a written report or an abbreviated report or, in the case of an appraisal, an expert report.
If the tests reveal defects, this report (non-conformity report) lists the deviations noted.
Except in the case of an appraisal, the full test report is made available to the client only by special request and for separate charge.
If the test procedure has not produced any objections, the test report is forwarded with the associated technical documents to the Certification Body for certification.
2.4 Retention of the test samples
In the event of a favourable product test which leads to certification, the body performing the tests determines whether the test sample is to be stored as a reference sample for the client in warehouses of BZT or the subsidiary or forwarded labelled and sealed to the client for safekeeping. If, in the case of certification, the design of the reference sample permits storage neither in warehouses of BZT nor of the subsidiary nor with the client, or if the storage of reference has to be dispensed with on other grounds, detailed documentation on the reference sample has to be compiled at the client’s expense in such a way that all relevant aspects of the reference sample can be gathered from the documentation.
Reference samples or documentation handed over to the client must he made available by him to BZT or the subsidiary promptly and free of charge on request. If the client, in response to a request, is incapable for whatever reason of making available reference samples and/or documentation, any liability claim for material and pecuniary damage by the client against BZT or the subsidiary, resulting from the respective testing and certification, lapses.
The period of safekeeping of the reference samples or of the corresponding documentation is governed by the certification regulations. It shall last for at least 3 years after expiry of the validity of the certificate. This applies except as otherwise provided by statutory regulations. The costs for the storage in warehouses of BZT or the subsidiary and any subsequent disposal have to be borne by the client.
The costs of the handover and dispatch of the test samples for storage on the client’s premises are likewise borne by the client. In the event of a test for which the results are negative, during which the client decides to order a re-test in the near future, cost-free storage of the test samples is permitted for a period of 4 months. After this the test samples, just as after an abandonment of the test procedure, are held ready for collection at the client’s expense or returned to him at his request.
If the client does not collect the test samples despite written notification or refuses to accept them, the test samples are destroyed at his expense after a waiting period of 2 months. BZT or the subsidiary shall not be liable for the loss of test or reference samples or for the damage caused to the test samples by testing, by burglary, theft, water, fire or transport. They merely have to exercise such due care as they would normally use in similar business dealings of their own.
3.Certification regulations
3.1 Basic requirements
The only test reports on which assessments in the course of the certification may be based are those produced by laboratories which operate according to the rules of DIN EN ISO/IEC 17025,DIN EN 45002, which ensure the quality and acceptance of the test laboratory. The Certification Body of BZT carries out as a matter of priority assessments and certifications on the basis of the reports of BZT and the subsidiaries which are governed by the same quality system. In addition, test reports of other test laboratories can also be used for assessment as part of the certification. Test reports which are to serve as the basis of certification may not be more than 1 year old at the time of the certification, nor be based on invalid standards.
ln order to draw up a certificate for a client, it is necessary for the client to be a partner in the accreditation system of BZT. This is accomplished with the signature of the “General Agreement /Application Form“ or a certificate procurement contract with the subsidiaries with simultaneous confirmation of the recognition of the „Testing and Certification Regulations and the Genera l Terms and Conditions“ of BZT. The permission to use the certificate applies only to the certificate holder with respect to the product and the manufacturing premises stated in the certificate and the scope covered by the quality system. The transfer of a certificate from the certificate holder to a third party is possible only after consultation with the Certification Body of BZT.
Fees shall be paid by the certificate holder for participation in the certification system and the issue of certificates in accordance with the Price List of BZT or the Price List of the subsidiaries. An administration/licence fee, graded in units, shall also be paid annually for the servicing and filing of the certificates and for the use of test marks.
The Certification Body of BZT can demand prepayment of both the certification fee and the administration fees/licences prior to certification. Restriction of the certificate’s validity is permissible in special cases.
The completion of a test with a concluding appraisal or with a certificate for a product does not release the client from his statutory product liability obligation. If no defects are noted, BZT or the subsidiary bears joint liability only if serious negligence has occurred during the test procedure. The same applies to the Certification Body of BZT in the context of the certification procedure.
The Certification Body of BZT reserves the right to publish an annual list, for the information of the supervisory authorities and consumers, of products certified and the quality systems granted recognition. Special consent of the certificate holders to this is not required.
In addition, it is possible, as a „notified body“, for relevant data on EC type examinations or EC design examination certificates to be forwarded to other „notified bodies“ along with the necessary data and implemented or withdrawn amendments, without the consent of a certificate holder.
3.2 Types of certificates
On the basis of the favourable assessment and evaluation of test and audit reports the Certification Body of BZT issues the following certificates:
·Test mark licences according to the Equipment and Product Safety Act as an „authorised body“
·Product certificates according the international IEC-Agreements (CB-Procedures)
·Test mark licences according to the test mark list of BZT (e.g. type approval mark, radio frequency interference test mark, etc.)
·EC type examination certificates according to EC directives as a „notified body“
·EC design examination certificates according to EC directives as a „notified body“
·EC conformity certificates according to EC directives as a “competent body“ according to the EMC Directive
·EC conformity certificates according to EC directives as a “notified body“ with respect to EC directives or type conformity
·EC conformity certificates according to EC directives as a “notified body“ according to the R&TTE Directive
·Recognitions of quality systems according to EC directives as a „notified body“
·Conformity certificates according to EC directives, standards or particular regulations.
Conformity by certificates alone do not confer the right to use a test mark of BZT. They must, if test marks of BZT are to be used, always be combined with a separate test mark licence. Advertising with the conformity certificates is possible only with the express written agreement of the Certification Body of BZT Test mark licences are issued only if, together with the type examination, an initial factory inspection has been carried out and the findings of the latter indicate a product quality identical to the type submitted. An additional precondition for the latter is a periodical follow-up factory inspection by BZT or the subsidiary.
3.3 Client obligations arising from certifications
If the Client has had applied for a product certification at another Notified Body, he is not allowed to submit an application, which refers to the same product, to BZT.
The certificate holder is obliged, in the case of documents or reference samples which have been forwarded to him for safe-keeping in the context of conformity certificates or test mark licences, to file these for the duration of the statutory periods of safekeeping but at least for 3 years after expiry of the validity of the certificate and to make them available to the Certification Body of BZT on request free of charge.
The certificate holder is obliged to monitor the manufacture of the certified products continuously for compliance with the ap-proved test sample and in particular to carry out correctly the specified manufacturing inspections or those required by the Certification Body of BZT.
The certificate holder must notify the Certification Body of BZT immediately of any changes made by him in the product compared with the design approved by virtue of the test sample, or any planned or implemented changes in the certified quality system. Continued licensing depends on the demonstration by the manufacturer of compliance with the safety regulations or on an additional test or an additional audit by BZT or the subsidiaries.
If defects are noted during the initial testing or during repeat tests of a submitted product, and if the client has already ship-ped products conforming to the test sample, certification can be granted for the newly submitted, modified test sample only if the manufacturer introduces a new type designation for the new model.
The certificate holder must notify the Certification Body of BZT promptly of any intended relocations of inspected manufacturing premises or the intended transfer of his firm to another firm or another firm owner.
The certificate holder must permit the assertion against him of the claims specified in the Equipment and Product Safety Act (of January 06, 2004) under chapter 2.
The certificate holder has to record and file all complaints concerning his certified product. At the request of the Certification Body of BZT he has to make these details available immediately free of charge and provide information on the measures taken by him to remedy justified complaints.
The certificate holder is obliged to rectify immediately any serious safety defects which appear at a later stage in products that bear, on the basis of a type examination of BZT certified by BZT, a CE marking or a test mark of BZT and to take suitable measures for minimizing damage in the market. He must in any case stop immediately the marketing of the labelled products and inform the Certification Body of BZT.
BZT is entitled or obliged, as the case may be, by virtue of reporting obligations imposed by law or by authorities, partly to pass on information which has come to its knowledge. This, or the granting of a licence, attestation, certificate, etc., does not release the client from his duties as manufacturer; this also includes reporting obligations to authorities. The client further-more states that he agrees that, at the request of the accreditor of BZT, information. documentation, etc. concerning both the contract and the subject of the contract may be passed on to the accreditor by BZT. This includes, in particular, information’s about the performance of audits, the granting and withdrawal of licences, attestations, certificates, etc., incidents which occur and risks indirectly or directly connected with the tested pro-ducts. The accreditor of BZT expressly reserves the right to carry out witness audits on the business premises of the client and his subcontractors; the client will permit the employees or agents of the accreditor of BZT to do this and will impose a corresponding obligation on his subcontractors.
3.4 Client rights arising from certifications
The certificate holder is entitled, as regards the test mark of BZT approved for use by him, to attach it to his products, to use it in relation to products in printed matter or similar items, and to refer to the granted test mark licence in advertising campaigns. The certificate holder is entitled to use the test mark BZT approved for use by him in advertising campaigns etc. only for the duration of the test mark licence granted to him. He is no longer entitled to use it once the certificate has expired or been declared invalid according to point 3.5. For the creation of printed matter, reproducible masters of the test marks are available, which can be obtained together with a printing licence by the client (see Price List of BZT). An error concerning the granted test mark licence must however be excluded.
The test mark licence applies to the complete, ready-for-use product. In special cases the Certification Body of BZT can permit the certificate holder to dismantle the products provided with the test mark of BZT for shipment to the extent that is normally required for incorporation in an installation. Should pro-ducts of identical design, for which a test mark licence exists, be placed on the market under another mark of origin or name and in certain cases also with a new model designation, a secondary licence or an extension of the licence (additional licence she BZT) may be issued by the Certification Body.
The certificate holder may pass on test reports and similar documents only in their full text and quoting the date of issue. Publication or copying however requires the prior written consent of the Certification Body of BZT.
3.5 Expiration or declaration of invalidity of certificate
A certificate expires if
·the certificate holder waives the certificate and gives the Certification Body of BZT written notice,
·the holder of a BZT quality management certificate waives the certificate and gives the Certification Body of BZT written no-tice 6 months at the latest prior to expiry of the validity stated in the certificate; in this case the certificate expires at the end of its period of validity,
·the „General Agreement“ with BZT or the contractual relationship with the subsidiaries is terminated by one of the contracting parties, giving the specified period of notice,
·the certificate holder becomes insolvent or if a petition in bankruptcy filed against him is dismissed for lack of as BZT,
·the regulations governing the certificate (including the accreditation rules relating to this certificate) have been amended or if different regulations apply, e.g. due to a change in use.
·The validity of the certificate can be extended, however, if a follow-up test performed at the expense of the certificate holder within a set period of time demonstrates that the products approved also comply with the new regulations.
A certificate may be terminated or declared invalid by the Certification Body of BZT in particular if
·in the light of facts which could not be recognised beyond doubt at the time of the test, the continued use of the certificate and a CE marking resulting from the latter, or a test mark, are not justified in terms of their informative value on the market,
·the requirements applying as the precondition for the granting of the certificate have not been fulfilled,
·the product or product category has been assigned to the wrong type of product, for which other provisions are applicable,
·the product or product category has been assigned to a wrong class and a wrong declaration has to that extent been made,
·the product or product category no longer fulfils the basic requirements, in that consumers, users or other third parties are exposed to appreciable risks or the product does not fulfil the purpose stated by the manufacturer and these short-comings are not remedied within a specified or reasonable periods
·defects in the product which were not recognizable or not detectable at the time of the test come to light later and are not rectified promptly by the manufacturer,
·misleading or otherwise impermissible advertising is practised with a conformity certificate or the test mark,
·checking of the products provided with a test mark of BZT or with a CE marking, using the BZT logo and/or the registration number of BZT, reveals serious defects,
·a product provided with a CE marking, using the BZT logo and/or the registration number of BZT, or a test mark of BZT, does not correspond to the approved type,
·defects noted during the regular inspection according to point4 are not corrected by the client within a reasonable period determined by BZT or the subsidiary,
·the certificate holder refuses or does not make possible inspection of the manufacturing and test facilities or of the store by the representatives of BZT or of the subsidiary, or the sampling of products for checking, and does not see within 4weeks to the proper carrying out of the manufacturing check tests pursuant to point 4 despite a written request by BZT or the subsidiary,
·the manufacturer does not permit, or prevents, the agreed inspections of his quality system by the „notified body“,
·fees due are not paid by the certificate holder within the stipulated period following a reminder. If the fees do not refer to a particular certificate, the Certification Body of BZT decides which certificate the measure is to cover.
Before declaring a certificate invalid, the Certification Body of BZT will give the client the opportunity to state his views, unless such a hearing is possible owing to the urgency of the measures to be taken.
The Certification Body of BZT may publish the declarations of invalidity at its discretion.
The certificate holder automatically forfeits the right to continue to provide the products listed in the certificate with test marks of BZT if the certificate has expired by notice of termination on a particular date or been declared invalid at short notice. The original certificate must be returned to the Certification Body of BZT, even if according to point 3.6 permission to sell the remaining stocks provided with a BZT test mark has been granted. The Certification Body of BZT is not liable for disadvantages which accrue to the client from the non-granting, notice of termination or the declaration of invalidity of a certificate.
The Certification Body of BZT is entitled to inform the supervisory authorities, the accreditation agencies, the „notified bodies“ and licensing authorities of the declaration of invalidity pronounced by it.
3.6 Permission to sell after expiration of the validity of the certificate
After expiry of the period of validity of a certificate the following may be permitted:
The placing on the market (permission to sell) of the remaining stocks in existence at this time for a reasonable period of time, but not more than 2 years.
The placing on the market must not exceed the transition period for production and sale mentioned in the test regulations, if these periods are specified.
A permission to sell may not be granted if the certificate has been declared invalid.
Stocks of products which bear a test mark of BZT shall be notified to the Certification Body of BZT on request, accompanied by an affidavit suitable for use in court.
The contractual arrangements between the parties continue to remain in force for the period of permission to sell, and administrative/licence fees shall be paid.
If a permission to sell is not granted or is withdrawn, the certificate holder is obliged to remove the test mark of BZT from all products of the type in question that are accessible to him or else to destroy the products and permit the Certification Body of BZT or its agent to perform a suitable inspection.
Costs arising from the latter are borne solely by the certificate holder.
4.Periodical inspections
4.1 Follow-up services
In order to ensure and maintain consistent product quality of the certified products, BZT or the subsidiary will carry out regular inspections of the manufacturing and test facilities.
An annual inspection is assumed as a minimum.
In addition, BZT or the subsidiaries can inspect at any time without advance warning the products, production premises mentioned in the certificate and the stores (in the case of foreign certificate holders also the stores of the importers or of the German agents and the branch establishments). They can take away free of charge for monitoring purposes products for which a certificate is granted and also carry out checks in production premises and stores. By way of exception, tests can be made on a test sample representative of series production in order to inspect consistent quality of production.
BZT can commission other independent and expert agencies to carry out follow-up inspections in its name.
4.2 Surveillance of quality systems
The BZT quality management certificate of BZT can include: confirmation of compliance with standards DIN EN ISO 9001:2000, confirmation of compliance with directives by BZT as a notified body.
Solely the BZT quality management certificate (approval) as documentary evidence of compliance with the directives authorizes the client to use the Brussels registration number of BZT in respect of the CE marking of his goods produced under this qualify system. EC type examination certificates or design ex-amination certificates which may be required by the directives have to be submitted.
To obtain and maintain a BZT quality management certificate the client has to have his quality system audited for the scope and the basis of agreed upon in the form of a certification audit, annual reviews and follow-up audits to extend the validity of the certificate.
The BZT quality management certificate is valid for 3 years. At the client’s request the validity may be extended on the basis of the applicable directives to up to 5 years.
4.3 Costs of follow-up inspections
The costs of carrying out follow-up inspections and quality system audits will be invoiced to the certificate holder as per Price List.
5.Checks of products already on the market
The Certification Body of BZT can take from the market at any time, for counter-checking, products which are provided with a test mark of BZT or with a CE marking using the registration number of BZT.
If deviations with respect to the approved type or defects are noted during checking, the certificate holder receives a written report on the outcome of the latter and has to bear the whole of the costs incurred by the counter-checking.
6.Infringement of the Testing and Certification Regulations
The Certification Body of BZT is entitled, in the event of culpable infringement by the client of the Testing and Certification Regulations of BZT being noted, to demand, in addition to the declaration of invalidity of the certificate pursuit to point 3.5, a contractual penalty of up to €100.000,- for each infringement by the certificate holder.
This applies inter alia:
·in cases of unlawful use of test marks of BZT, i.e. if no certification has taken place or a certificate has not yet been gran-ted, or if a test mark of BZT is used although the certificate has been declared invalid by the Certification Body of BZT,
·if inadmissible advertising is practised using test marks of BZT or conformity certificates.
If the client does not comply with the requirements pursuant to point 3.3, paragraph 9, last paragraph, the Certification Body of BZT can take suitable measures of its own. The latter include e.g.
·informing the users in order to minimise loss in the market,
·notification to the supervisory authorities, accreditation bodies and the „notified bodies“.
BZT reserves the right to claim compensation from the client for expenses incurred by BZT owing to infringement of the Testing and Certification Regulations by the client.
Such expenses are in particular costs of
·tests for comparing certified products with products taken from the market by or on behalf of BZT or provided by official bodies, firms, private individuals, etc.,
·investigations necessary in connection with comparison tests,
·other measures necessary In connection with the comparison tests and investigations, such as factory inspections, shipping checks, checking of stocks, etc.
Comparison tests and investigations and other measures will be charged by BZT according to time spent in accordance with BZT’s currently valid schedule of fees. In addition, the Certification Body of BZT reserves the right to terminate the General Agreement with immediate effect and to declare further existing certificates for the client invalid in so far as BZT can regard its confidence in the client’s faithful compliance with the contract and his reliability as having been shaken owing to the client’s infringement of the Testing and Certification Regulations.
7.Complaints procedure
If the client or certificate holder is not satisfied with decisions of the Certification Body of BZT made during the test and certification procedure, he can file a complaint or objection with the Certification Body. The Certification Body then has to give the complainant detailed reasons for its decision.
If the reasons given by the Certification Body are not acceptable to the complainant, the option of making a complaint to the QS management and/or the company management of the Certification Body of BZT is open to him.
8.Coming into effect and amendment
The Testing and Certification Regulations are effective as of June 1, 2000. They cease to have validity after the drawing up of new Testing and Certification Regulations with a transitional period of 6 months. Amendments to the Testing and Certification Regulations will be drawn to the particular attention of the clients or certificate holders.
9.General Terms and Conditions
If points 1 through 8 above do not include any provisions deviating from the General Terms and Conditions specified below, they are deemed as agreed upon:
9.1 General
The conditions detailed in point 9 shall apply to the agreed services including consultation, information, deliveries and the like and to auxiliary services and other subsidiary contractual obligations performed in execution of the contract. No general terms and conditions of the client shall form part of the content of the contract even if they are not further expressly repudiated by BZT.
9.2 Offers
Until final conclusion of the contract or written confirmation of the order, offers made by BZT, particularly as regards scope, execution, prices and time limits, shall remain conditional and shall not be binding.
9.3 Scope of Performance
The scope of performance shall be decided solely by a unanimous declaration issued by both parties. If no such declaration exists, then the written confirmation of order by BZT shall be decisive.
BZT shall be liable for performance specifications and undertakings or other declarations by its representatives or agents only if such declarations have been designated as binding by BZT.
The agreed services shall be performed in accordance with the generally recognised rules of technology and in compliance with the regulations in force at the time of confirmation of the order – unless otherwise expressly agreed in writing.
On execution of the operations there shall be no simultaneous assumption of any guarantee of the correctness (proper quality) and working order of either tested or examined parts nor of the product as a whole; in particular, no responsibility shall be accepted for design, choice of materials and construction of installations examined, unless these questions are expressly covered by the contract. This shall be similarly applicable to safety programmes or safety regulations.
9.4 Performance times deadlines
The performance times and deadlines agreed in the contract shall be based on estimates of the extent of the work according to particulars supplied by the client. They shall be binding only if BZT gives express, written confirmation that they are binding.
9.5 Cooperation
The client shall guarantee that all cooperation required of him, his agents or third persons will be provided in good time and at no cost to BZT.
Design documents, supplies, auxiliary staff etc. necessary for performance of the services shall be made available free of charge. Moreover, the cooperative acts of the client must correspond to the legal provisions, standards, safety regulations and accident prevention rules applicable in each case.
The client shall bear any additional cost incurred on account of work having to be redone or being delayed as a result of tardy, incorrect or incomplete information or lack of proper cooperation. Even where a fixed or maximum price is agreed, BZT shall be entitled to charge extra for such additional expense.
9.6 Confidentiality
BZT and its employees are bound not to disclose any facts which come to their knowledge as a result of the order.
Written documents, drawings, plans etc. made available to BZT and relevant to the execution of the order may be copied (photo-copied) for the records of BZT.
9.7 Copyrights
All copyrights including joint copyrights to expert opinions, test results, calculations, descriptions etc. produced by BZT shall remain with BZT. Expert reports, test results, calculations, descriptions etc. produced in connection with the order may be used by the client only for their agreed intended purpose.
9.8 Acceptance
Any part of the work ordered which is complete in itself may be presented by BZT for acceptance as an instalment. The client shall be obliged to accept it immediately. If the client fails to fulfil his acceptance obligation immediately, acceptance shall be deemed to have taken place 4 calendar weeks after performance of the work.
9.9 Payment
If no special agreement existent the client agrees to pay the fee owed, without deductions, within 2 weeks after invoice date. As an incoming payment the respective credit note is valid. The client is not authorized to the summation or assertion of the right of retentions.
If the client defaults on payment, the contractor shall charge de-fault interest at 12% p.a..
In single cases a deposit / pre-payment can be required. As well the possibility for part bills or interim bills insists on the part of the BZT.
9.10 Proviso of cancellation
The right of the customer to use performances delivered by BZT expires automatically, if the customer infringes the terms of use fixed in the each valid, official regulations or contracts. In the case of the end of the right usage the customer is obliged to give back all original documentations and all copies.
9.11 Liability
Any claims for damages shall not include, for example, damage to or loss of test or license models, the loss of information or data, loss of profits or interruption of business. The result in the test reports are only for the tested sample by BZT at that time. The quality of service have to check by the ordering party immediately and any kind of differences have to report to BZT shortly. The liability of BZT for other damage in connection with a con-tract shall be limited to a total of €1million for personal injury and shall be limited to a total of 3 times of the order volume (maximum € 500.000) damage to property, unless the damage was caused intentionally or by gross negligence. The limitation on the liability of BZT shall be similarly applicable to its employees, agents, managerial staff and constituent bodies. BZT shall not be liable for personnel made available to it by the client for the inspection of his products or the inspection or supervision of an installation or facility operated by him unless the personnel made available are deemed to be agents of BZT. Where BZT is not liable for personnel made available in accordance with the preceding sentence the client shall indemnify BZT for any claims by third persons. The limitation period for compensation claims shall be in accordance with the statutory provisions. Notwithstanding this provision, a 6 month time limit shall apply to claims for compensation arising from positive breach of contract.
9.12 Other provisions
The contractual relationship shall be governed by German law. Where the conditions of section 28 of the Code of Civil Procedure are met, the place of jurisdiction shall be that of the registered office of BZT in Berlin. The place of performance shall be the place where the agreed services are to be performed, or otherwise the registered office of BZT. The client shall agree that BZT may his and process data relating to persons within the meaning of the Federal German Data Protection Act for its own purposes. In order to be effective, subsidiary oral agreements must be confirmed in writing. Contract amendments and additions including an amendment to this written form clause must be in writing in order to be effective. The provisions of point 8 „Coming into effect and amendment“ of the Testing and Certification Regulations shall be similarly applicable to the General Terms and Conditions. If individual provisions or parts of provisions of these Testing and Certification Regulations and General Terms and Conditions should become ineffective, the effectiveness of the remaining provisions shall be unaffected. Instead of the ineffective provision or ineffective part of a provision, the effective provision which corresponds or comes nearest to the sense and intention of the ineffective provision shall be deemed to have been agreed. The German wording is binding.
As at January 03, 2018