1. Scope of Application/General

The following terms and conditions of delivery and payment shall apply to all contracts, deliveries, and services, including consultancy services and the provision of information, unless they are expressly approved or excluded by us for all current and future business relationships (including their initiation). By placing an order, the customer accepts the following terms and conditions. They also apply to customers who are consumers in accordance with § 13 of the German Civil Code (BGB). Individual agreements made with the customer in individual cases (including collateral agreements, supplements, amendments) shall in any case take precedence over these GTC and additional terms and conditions. Subject to proof to the contrary, a written contract or written confirmation from Hygiene Nord GmbH shall be authoritative for the content of such agreements.

2. Placing of Order

A clearly formulated, written analysis order stating the type and scope of the desired services forms the basis for smooth execution.

3. Cancellation

If an order is canceled by the client, the work already completed up to the time of receipt will be charged at the applicable rate. The same applies to the termination of an order. In this case, the demonstrable costs incurred up to that point in time shall be invoiced.

4. Continuing Obligations

In the case of continuing obligations, Hygiene Nord GmbH reserves the right – with the exception of the regulations for remuneration and the scope of services, which may be changed in accordance with more specific regulations – to make changes to the GTC and the additional conditions, insofar as this is necessary for appropriate reasons (e.g., to adapt to changes in legal, organizational, etc.).

5. Methodology

The examinations are carried out according to officially recognized standard methods. Where such methods are lacking, Hygiene Nord GmbH uses methods developed in-house that correspond to the current state of science and technology. As an accredited testing laboratory, Hygiene Nord GmbH adheres strictly to the DIN EN 17025 standard.

6. Prices and Offers

Invoicing is in EURO at the prices valid on the day of delivery, taking into account and plus the respective statutory VAT. Offers are subject to change. The prices in our catalogs are to be understood in Germany as target prices without VAT. The prices in our catalogs apply to individual analyses. Price reductions for large sample series or standing orders are agreed with the client. For special sample treatments and rush orders, surcharges will be charged depending on the work involved. Services not included in the list are charged on a time and material basis. Prices are subject to change due to cost developments. All prices quoted are exclusive of VAT.

7. Delivery Times

The processing time for orders depends on their type and scope. The fastest possible completion is guaranteed. Unforeseeable personnel or equipment failures release Hygiene Nord GmbH from compliance with agreed delivery deadlines and exclude any resulting claims for damages. Hygiene Nord GmbH shall bear the costs for sending the test reports. The assumption of costs for the delivery of any sampling containers, test materials, etc., is at the discretion of Hygiene Nord GmbH.

8. Terms of Payment

Hygiene Nord GmbH’s invoices are to be paid within 14 days of the invoice date without discount. Payment agreements for advance or partial invoices depending on the duration and scope are the responsibility of Hygiene Nord GmbH.

9. Retention of Title

Hygiene Nord GmbH retains title to the goods delivered by it until our claims have been paid in full. In the event that the contractual partner resells the goods delivered by Hygiene Nord GmbH, the extended or enforced retention of title is expressly agreed. The debt-discharging effect of the payment is only achieved for the customer upon receipt of full payment in the bank account of Hygiene Nord GmbH, whereby offsetting of any kind is excluded. Justified claims of the contractual partner must always be asserted separately and demanded separately. Pledging, assignment, or transfer by way of security of the subject matter of the contract by the contractual partner is excluded.

10. Storage of Samples and Data

The remains of non-perishable samples shall be stored for at least three months. Data and results relevant to the investigation shall be stored for at least 10 years.

11. Subcontracting

Hygiene Nord GmbH may involve external specialists or other laboratories if necessary and while maintaining the duty of care specified in the QM system.

12. Confidentiality

The disclosure of information is only permitted as required for the proper execution of the order in accordance with instructions. Experts or other laboratories consulted must also demonstrably undertake to maintain confidentiality.

13. Liability for Defects

Direct damage: Hygiene Nord GmbH is not liable for damage caused by slight negligence. For personal injury and damage to property, liability for damage caused by indirect negligence is limited to the amount insured under Hygiene Nord GmbH’s public liability insurance. Hygiene Nord GmbH is only liable for financial losses in the event of damage caused by gross negligence or intent. Indirect damage: Hygiene Nord GmbH is only liable for damage caused by gross negligence and intent.

14. Liability in General

Hygiene Nord GmbH is not liable for damages caused by slight and medium negligence.

15. Place of Jurisdiction and Applicable Law

The contracting parties agree that the courts in Greifswald shall have jurisdiction over all disputes arising from this contract. The parties declare German law to be applicable.