Conditions

1. General. scope

The terms and conditions apply to all current and future business relationships with companies within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.

Deviating or supplementary general terms and conditions, even if they are known, only become a component if their validity is expressly approved.

2. Type and scope of the service

Agreements between the client and the contractor (PSA-Check Poelmann) are binding if the client signs an offer / order that contains these conditions. The same applies if the client has received the written order confirmation before the start of the work or if a contract is concluded via the Internet.
The services are carried out as agreed in the offer / order. Changes or additions to orders are only valid if their type and scope are determined in writing, or in exceptional cases orally, by the persons authorized to do so. In the case of low activities in relation to the scope of work, at least 1 working hour will generally be billed. The working hour is charged at € 65.

3. Acceptance and warranty

In the case of recurring services, the work performed by the contractor is deemed to have been fulfilled and accepted in accordance with the order if the client does not immediately raise objections in writing, at the latest when they are used. The time, place, type and extent of the defect must be precisely described.
In the case of one-off work, the acceptance - possibly also in sections - takes place no later than three days after the contractor has given written notification of completion. If the client does not comply with the request for acceptance, the work is deemed to have been accepted. If the contractor fails to attend an acceptance date, the work is deemed not to have been accepted.

If the client legitimately complains about defects in the contractually specified service, the contractor is obliged to provide supplementary performance. No guarantee is given for defects and damage that can be attributed to the fact that the client has not passed on important information about the type and quality of the materials and objects to the contractor. The same applies if the client does not take adequate precautions for the accessibility or accessibility of the areas to be processed or test objects.

If the defect cannot be remedied or a further attempt at supplementary performance is unreasonable for the client, the client can request a reduction in the remuneration (reduction) instead of supplementary performance or terminate the contract. In the case of only a minor breach of contract, in particular only minor defects, the client does not have the right to terminate the contract.

3.1 When testing articles that are related to PPE (personal protective equipment), if the article is tested positive, the note "OK" is present, so the article is in such a condition at the time of the test found. Should improper use or damage to the item occur immediately after the inspection by the client or its user, PSA-Check Poelmann shall not accept any liability for the item and the consequences that result from it.
Compensation can only be claimed in the event of willful intent and gross negligence. The obligation to pay compensation is limited to the foreseeable damage typical for the contract. In the case of one-off services, the compensation is limited to the amount of the agreed wages.

The warranty period is 12 months.

4. Validity periods

The prices specified in offers have a binding period of 4 weeks. All prices quoted are net prices and do not include the respective statutory value added tax.

5. Security retention

The right of the client to withhold security amounts for the completion of the contractual services or any warranty claims is excluded.

6. Liability

The contractor is liable for damage that can be proven to be caused by the contractor within the framework of the business liability insurance taken out by him. At the request of the client, a specific proof of insurance is to be handed over to him. There is no liability for damage that is not reported to the contractor immediately.
In the event of injury to life, body or health, the statutory provisions apply.

7. Delivery on sale

We do not assume any liability for deliveries on a specific date. All shipments, including any returns, are at the risk of the buyer from the time the goods are handed over to the carrier by the seller.

The dispatch takes place in principle from warehouse PSA-Check Poelmann in 45731 Waltrop.

Unless otherwise agreed in writing, the transport costs are borne by the buyer. The shipments are generally insured against damage and loss by the seller within the framework of the carrier's terms and conditions.

If the buyer refuses to accept, the seller is entitled to reimbursement of the costs incurred. The right of the seller to fulfill the purchase contract remains unaffected.

The seller reserves the right to fulfill the orders in several partial deliveries and does not guarantee the complete delivery of the ordered items.

8. Damage and warranty on sale

The buyer must notify the carrier immediately of any transport damage. If we receive a justified complaint in writing within 7 calendar days of delivery due to obviously defective goods together with the product complained about, the replacement will be prompt, free of charge. In the case of a guarantee, the seller generally has the right to rectification. A guarantee case occurs when the product complained about actually has a production defect and the guarantee card and purchase receipt are submitted to the seller with the product complained about.

9. Withdrawal and return upon sale

When withdrawing from an order for which the seller is not responsible, or when canceling an order due to default in payment by the buyer, 20% of the original net order value will be charged. Any costs incurred (e.g. postage or shipping costs) will also be charged. Shipments that are not accepted or that cannot be delivered are treated as withdrawals. Unpaid shipments are generally not accepted unless there is a written agreement on the process. The seller is not liable for errors that arise when accepting orders over the phone, nor for those that arise from orders placed illegibly.

10. Retention of title

By placing the order, the buyer affirms that he has not taken an oath of disclosure and that no bankruptcy or bankruptcy proceedings have been opened against his assets or that they have been rejected for lack of assets. Insurance is given when the order is placed. If we suffer damage from a wrong insurance policy in this regard, this will result in criminal consequences (criminal complaint due to fraudulent entry).

If the seller incurs an expense from incorrect insurance in this regard, the buyer undertakes to fully compensate the seller for this damage by placing the order. By placing the order, the buyer undertakes to give the seller a
Changes in his financial circumstances, which can lead to the buyer no longer being able to meet his obligations towards the seller, must be reported in writing immediately after they become known. All goods are sold by us under retention of title in accordance with § 455 BGB and remain our property until they are fulfilled
all claims, including future claims, to which we are entitled against the buyer.

11. Terms of payment

Invoices are payable net without deduction within 14 days of receipt, unless otherwise agreed. Unless otherwise agreed, discounts will not be recognized.
Subsequent changes to an invoice issued by the recipient will be invoiced at € 25.00, provided that the reason for the change cannot be traced back to an error on the part of PSA-Check Poelmann.
If the payment term is exceeded, default interest in the amount of 10% above the current base rate according to § 247 BGB will be charged.

The right to claim further default interest remains reserved.

12. Place of jurisdiction

The place of jurisdiction is exclusively the seat of the contractor (Waltrop / Recklinghausen).

13. Data storage

It should be noted that data necessary for business, as far as permitted within the framework of the Federal Data Protection Act (§ 26 BDSG), are stored and managed in the EDP.

14. Partial ineffectiveness

In the case of ineffectiveness of individual parts, the validity of the remaining provisions remains. The ineffective clause should be replaced by a regulation that comes closest in legal and economic terms to the intended purpose of the original provision.

Status of these terms and conditions: December 2016