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General Terms and Conditions (AGB)
(Last updated: 05/2011)
Applicability
All orders shall be accepted and executed in accordance with the following terms and conditions. By
placing an order, the customer accepts such terms and conditions as legally binding. Any other terms and
conditions shall only be binding if both contracting parties have accepted them in writing. Orders
placed on the phone are only accepted at the customer’s risk. Any oral declaration, confirmation and
assurance must be confirmed in writing.
SoS and execution
The scope of services shall be determined prior to any order placement. Any change in such scope of
services shall have to be in writing. Order execution deadlines shall be considered non-binding unless
agreed as binding in writing. If the test and/or results are equivocal, in exceptional cases an agreed
deadline may be exceeded in order to repeat the test. Some tests (chemical-physical tests in particular)
are subcontracted to competent laboratories. For microbiological tests on medical drugs, the European
Pharmacopoeia requires product-specific validations. The customer shall see to it that the laboratory is
commissioned with such validations or that these are made elsewhere.
Conclusion of a contract
Contracts have to be in writing.
Prices
All prices are excl. VAT.
Terms of payment
All invoices have to be paid in full within the term given on the invoice.
Warranty and liability
BAV shall be liable for errors and deficiencies in tests, studies, expert opinions, consulting services
and other services as follows: For a period of six months after acceptance of the test or end of the
consulting service , the customer shall be entitled to a free repeat of the deficient test or other such
service. If BAV is unable to remedy a deficiency that is subject to its warranty or if the test or other
service cannot be repeated, the customer may demand redhibitory action (rescission of contract) or
reduction (a lower fee). BAV reserves the right to exclude liability for an oral consulting service. BAV
shall only be liable for other claims and rights in case of wilfulness and gross negligence. Otherwise,
liability is excluded.
Work result protection
The customer shall guarantee that the expert opinions, advice and information BAV has produced in the
context of the order will only be used for its own purposes. Any reproduction and publication of
results, expert opinions, certificates, HACCP concepts, hygiene plans, advice and information etc. shall
require BAV’s written consent.
Non-disclosure
BAV hereby undertakes to provide the customer with all the results it has come up with in the context of
the order and not to publish them or make them known to third parties without the customer’s consent.
BAV further undertakes never to disclose any of the customer’s information it has received in the
context of orders, with the exception of information governed by reporting statutes and regulations as
applicable to testing laboratories.
Sample storage
Unless otherwise agreed in writing, BAV shall keep the samples submitted for testing for no longer than
1 week after the test, provided their condition allows it, and then destroy them. This shall not apply
to perishable foodstuffs and water, which will be destroyed right after the test. If a sample is to be
returned, such costs shall be borne by the customer.
Applicable law, place of fulfilment and place of jurisdiction
Any dispute shall be governed by the laws of the Federal Republic of Germany exclusively. The place of
fulfilment and jurisdiction is Offenburg.