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Dipl.-Ing. (FH) Andreas Hoch Director of the PÜZ-institute Phone: +49(0) 9778/7480-201 E-mail: hoch.fladungen@t-online.de |
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Dipl.-Ing. (FH) Bettina Greifzu Small devices laboratory Phone: +49(0) 9778/7480-207 E-mail: greifzu@pruefinstitut-hoch.de |
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Dipl.-Ing. (FH) Jürgen Hammer Deputy director of the PÜZ-institute Phone: +49(0) 9778/7480-204 E-mail: hammer@pruefinstitut-hoch.de |
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Dipl.-Ing. (FH) Diana Günzel Floor test / Calorimetry Phone: +49(0) 9778/7480-202 E-mail: guenzel@pruefinstitut-hoch.de |
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Dipl.-Ing. (FH) Tina Zitzmann SBI-test (= single burning item) Phone: +49(0) 9778/7480-206 E-mail: zitzmann@pruefinstitut-hoch.de |
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Dipl.-Ing. (FH) Thomas Peter Roof test Phone: +49(0) 9778/7480-205 E-mail: peter@pruefinstitut-hoch.de |
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The testing institute Hoch domiciled in the small city of Fladungen is situated centrally and easy to reach in the center of Germany, in the tri-border region of Bavaria, Hesse and Thuringia.
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General Terms and Conditions
of the Fire test laboratory Hoch, D-97650 Fladungen
Dipl.-Ing. (FH) Andreas Hoch
Test laboratory for the fire behavior of building materials
I.
Those conditions shall be deemed accepted to the full content by the client unless an objection was received by the PÜZ-Center within seven calendar days upon posting of the order confirmation of the Testing Institute for the Fire Behavior of Building Production (hereinafter referred to as "PÜZ-Center") – calculated from the day of the postmark. The applicability of specified delivery and payment terms requires the explicit prior written approval by the PÜZ-Center. Silence on contract conditions sent by the client shall not be considered as approval.
II.
(1) The acceptance of an order by the PÜZ-Center requires the written form. Also amendments or changes of any kind have to be confirmed by the PÜZ-Center in writing. Any information given verbally, by phone, email or fax particularly about test certificates as well as confirmations in terms of the observance of certain deadlines or time limits are non-committal.
(2) Acts of God or inevitable events shall partially or entirely release the PÜZ-Center from the execution of the order.
(3) The PÜZ-Center was instructed to start with the execution of the order only upon receipt of the due advance payment and other possibly overdue fees.
III.
(1) The client is obliged to provide the material to be tested free from any third party rights and to send the material to the PÜZ-Center carriage paid. The test material submitted for the execution of the order will pass into the PÜZ-Center’s property unless otherwise agreed.
(2) The client shall, at his own expense, indemnify the PÜZ-Center from any kind of claims and any extent if any third party should assert any rights in terms of the test material against the PÜZ-Center.
(3) The costs of a return (consignment) of test material requested by the client or initiated by the PÜZ-Center are for the account of the client. The PÜZ-Center will not assume any liability for the transport. A separate agreement is required if the client wishes a storage of the test material for more than 4 weeks. During the storage time, the PÜZ-Center shall only be responsible for the diligence usually applied in similar own matters.
(4) Section III, paragraph 1 does not apply for test material sent in by courts or public prosecutors’ offices.
IV.
(1) The type and extent of the test are within the discretion of the PÜZ-Center and depend on the objective of the test.
(2) If, during the processing, an exceeding of the amount indicated in the order confirmation by more than 25% is foreseen, it is required to remake the extent of the works and the estimated costs with the client. In this case, the PÜZ-Center shall be entitled to request a new advance payment. Section II, paragraph 3, shall apply accordingly.
V.
The PÜZ-Center will recheck the result in case the client should object against the reported test result. If the objected to test result should be confirmed by this recheck, the client will be charged with the costs of the repeated test. Otherwise, the objected to test result will be corrected free of charge. Objections against the test result will not justify any refusal of payment.
VI.
(1) The PÜZ-Center shall only be liable for damages incurred by the client during the taking of material samples, the rendering the contract debt or due to incorrect tests, test certificates or similar in case of any proven intention or gross negligence. In case the damage is incurred by any third party, the client is obliged to indemnify the PÜZ-Center from all claims for damages – irrespective of the legal basis – unless the damage was caused by intentional or gross negligent behavior of the PÜZ-Center. This shall accordingly apply if test results, test certificates or similar are passed on by the client and damages were incurred by any third party as a result.
(2) If negligent behavior is proven to the PÜZ-Center, the liability to pay damages shall be restricted to EUR 5.000.- for all damages caused by acts or omissions in context with the execution of this contract. This shall also apply if several persons were involved in the execution of the contract or if several acts resulting in claims for damages were committed and regardless of the fact whether other involved parties have acted intentionally. Section V clause 4 shall apply accordingly.
(3) Any liability of the PÜZ-Center shall not apply in case the client has intentionally or gross negligently contributed to the arisal of the damage.
(4) The client’s claims against the PÜZ-Center due to non-contractual execution of the contract as well as claims for damages become time-barred according to the provisions of § 638 BGB (German Civil Code). Considered as acceptance of the work according to 638, Abs. 1, paragraph 2 BGB is the consignment of the test certificate, test report or an expert’s or other written statement of the PÜZ-Center about the carried out tests.
VII.
Test certificates, test reports or expert’s statements may only be published or reproduced upon prior written approval by the PÜZ-Center and only unchanged in terms of form and content. The approval of the PÜZ-Center for a publication will expire if the standards or technical rules which were taken as the basis for the tests should have changed. In this case, it is required to obtain a new approval of the PÜZ-Center.
(2) The abridged reproduction of a test result, test report or expert’s statement is also only permitted with prior, but always revocable, approval by the PÜZ-Center. The aforementioned limitation shall also apply for this approval. Considered as abridged reproduction is already the written reference to a test certificate, a test report or similar.
VIII.
The testing costs included in the final invoice are calculated according to the charges of the PÜZ-Center applicable at the time of testing plus material expenses (material costs, machine use, travel expenses, etc.) unless particular standard testing costs were specified for certain tests.
lX.
(1) Payment terms: The invoice amount shall be transferred to the following account within 2 weeks upon receipt of invoice without discount stating the invoice number. Please see our current letterhead for our account number.
(2) Until receipt of payment, the PÜZ-Center is entitled to decline the consignment of the completed written documents. If the charges are not paid within one month upon maturity, it is, from the day following the day of expiry of this deadline, required to pay default interest in the amount of 6% p.a.
X.
(1) The German law shall exclusively apply for the legal relationship between the client and the PÜZ-Center. (2) Place of performance is Fladungen. Agreed as court of jurisdiction is, if permitted according to §38 ZPO (civil process order), Fladungen.