General Terms and Conditions of BerlinAnalytix GmbH, Ullsteinstraße 108, 12109 Berlin (as of 11/2023)
1. General
The following terms and conditions apply to all contracts, orders, deliveries and other services, including development and consulting services, unless they are amended or excluded with the explicit consent of BerlinAnalytix GmbH. They shall also apply to future business relationships with the client, even if their validity has not been expressly agreed again. The client recognizes the general terms and conditions and price list valid at the time the order is placed. Subsidiary agreements, promises and other declarations are only binding if they are expressly confirmed in written form by BerlinAnalytix GmbH. This also applies to amendments to this clause. Our terms and conditions shall take precedence over any deviating terms and conditions of the contractual partner.
2. Type and scope of service, placing of order
Offers are always subject to change. The nature and scope of the services to be provided by the user shall be based on the order placed. The contract shall only come into effect with a written order confirmation and the finalized project plan. The order must contain at least the following information before it can be accepted: - Client, additional billing address if applicable - Sample type, description and project - Biopsies clearly labeled - Desired analysis parameters BerlinAnalytix GmbH reserves the right to reject sample material if it does not meet the acceptance criteria of BerlinAnalytix GmbH, to accept it only with reservations or to accept it only for non-accredited services. Orders may be rejected due to technical or personnel bottlenecks.
3. Test performance
The tests are carried out in accordance with the generally accepted rules of technology or the customer's requirements and organizational conditions in compliance with safety regulations. This includes in particular the requirements of DIN EN ISO/IEC 17025. The test results are evaluated on the basis of the applicable regulations and standards. Only the test results and findings listed in the written test report are binding. Information provided by telephone is not relevant. The test results are made available to the client in the form of test reports as a signed PDF file by e-mail. The test results must be reviewed by the client in a timely manner. In the case of statements on conformity (assessment) that are made for a specification or standard for the test, the basis of assessment used is documented.
Measurement uncertainties are taken into account in the test report for scoring analytics according to DIN EN ISO 10993-6:2017. All other test services do not contain any information on measurement uncertainty. The client must submit a complaint in writing within 10 days of receipt of the test report. BerlinAnalytix GmbH must be given a suitable opportunity for inspection and, if necessary, a follow-up inspection. The client has the exclusive right to lodge a complaint.
4. Quality assurance
The BerlinAnalytix GmbH operates a quality assurance system in accordance with the principles of DIN EN ISO/IEC 17025. 5. Charges The contractually agreed individual prices apply, plus VAT at the statutory rate. In all other cases, the general price list of BerlinAnalytix GmbH applies, which is known to the customer or can be viewed on our website under "Company". Invoices are payable within 10 days of receipt of the invoice without deductions. 6. Archiving Unless otherwise agreed by contract, the test results including the underlying raw data are archived in the BerlinAnalytix GmbH archive in accordance with the statutory periods. After the respective retention periods have expired, the samples are disposed of. The return of samples and sample material can be agreed with the customer. In both cases, this will only take place after consultation with the customer and written confirmation. BerlinAnalytix GmbH reserves the right to charge for the return shipment.
7. Data protection
BerlinAnalytix GmbH is obliged to comply with the applicable data protection regulations within its area of responsibility.
8. Impartiality and confidentiality
The shareholders, management and employees of BerlinAnalytix GmbH undertake to maintain impartiality, confidentiality and non-disclosure of information and data from customers and other interested parties. Confidential data and information will not be passed on to third parties. Exceptions to this are legal or contractual conditions that require confidential disclosure of information (e.g. in the context of assessments by the Deutsche Akkreditierungsstelle GmbH (DAkkS)).
9. Warranty and limitation of liability
BerlinAnalytix GmbH accepts no liability for damage caused by unsuitable or improper use of the goods or services by the client. BerlinAnalytix GmbH shall only be liable for damages incurred by the client if we can be accused of intent, malice or gross negligence. This applies to all claims for damages, regardless of the legal grounds, but not to personal injury. BerlinAnalytix GmbH shall only be liable for damages
foreseeable at the time of conclusion of the contract, but up to a maximum of the agreed order value for the delivery or service in question. Insofar as the liability of BerlinAnalytix GmbH is excluded or limited, this also applies to any personal liability of its legal representatives, employees and other vicarious agents.
10. Complaints
Complaints by the client against a test result or a test report should be submitted to the user no later than 1 week after the test report has been submitted. Complaints will be answered in writing. After expiry of the aforementioned period, there is no entitlement to a response to the complaints.
11. Severability clause
The invalidity of a clause of these General Terms and Conditions shall not affect the validity of the other provisions or the General Terms and Conditions as a whole. An ineffective or void provision shall be replaced by a provision that comes closest to the economic purpose of the omitted provision.
12. Place of jurisdiction
The place of performance for all services arising from the contract with the client is Berlin. Berlin shall be the place of jurisdiction for all claims arising from the customer contract, insofar as such an agreement on the place of jurisdiction can be permissibly agreed. The law of the Federal Republic of Germany shall apply exclusively. Status: November 2023
