Unless otherwise agreed in writing, we are only obliged to deliver the services defined precisely in the contract within the scope of the technical possibilities and equipment known to the customer and which we provide in compliance with generally recognized good engineering practice and legal requirements at the time of performance. Under no circumstances shall we owe the achievement of any research or development target pursued by the customer. Unless otherwise agreed in writing we shall document the services owed by us exclusively in a test report restricted to the presentation of the test results, to be made available to the customer in a single copy, in which the test results are neither be interpreted nor evaluated by us.
4.2. Should it emerge in the course of the test preparation or during the test that the desired test specifications cannot be achieved, we shall be entitled to cancel the test preparation or the test and to withdraw from further fulfilment of the contract. We shall then only invoice the services provided up to this point in time, whereby we shall be entitled to adjust the prices pursuant to Item 8.1. of these GTC. In this case, any liability on our part shall be pursuant exclusively to Item 7. of these GTC.
4.3. The services to be rendered by us are regularly destructive tests. The customer shall acknowledge explicitly that serious damage to the test parts is to be expected in any case but that this damage may not be easily recognizable or visible from the outside. The customer is obliged to take this circumstance into consideration in the event of any further use of the test parts and to take the relevant safety precautions into account alone or to ensure compliance with them. In this respect, we are not in any way obliged to any test or warning obligation and the customer shall release us from all claims of third parties or fully indemnify us and hold us completely harmless. We shall not provide any compensation for damage to or destruction of items belonging to the customer as a result of the proper performance of our services (e.g. destructive testing). The customer shall collect or have collected immediately any test material (including damaged or destroyed material) from our premises, at the latest however within 4 weeks after completion of the test. Should the customer fail to comply with this obligation, we are entitled, at our discretion, to assume sole ownership of the test material without any claim for compensation on the part of the customer, to dispose of it or have it disposed of at the customer’s expense or send it to the customer at the customer’s risk and expense. Furthermore, in this case, we are entitled to store the test material in the name of the customer and at his risk and expense at normal market conditions on our premises or at the premises of a third party. If as the result of or on the occasion of the proper performance of our services our own property (e.g. test equipment) is damaged, destroyed or lost through no fault of our own, we shall be entitled to demand compensation from the customer in application of Section 1014 Austrian Civil Code.
4.4. The transport of the customer’s goods to and from our business premises shall be at his risk and expense. The storage of the customer’s goods is exclusively at his risk. The insurance of these items against any kind of risk is exclusively the responsibility of the customer. Our liability with regard to such items is restricted to our own due care and otherwise exists only pursuant to Item 7. of these GTC.
4.5. The customer shall inform us fully of all facts relevant to the performance of our services, and unless otherwise agreed, shall make available to us the objects and equipment not available to us (e.g. clamping device, adapter) for the performance of the test. Should we provide such objects or equipment for the performance of the test, they shall also remain our sole property, even if the customer has commissioned them and/or has contributed to the cost. Unless otherwise agreed in writing, we are not be obliged to check data, information or other services provided by the customer for their completeness or correctness. We shall not be responsible for the correctness of safety regulations, provisions and programmes on which our tests, test reports and expert opinions are based, unless the regulations, provisions or programmes originate from us or are themselves the subject of the test order. We are not in any way obliged to any test or warning obligation with regard to the (serial) use of the tested object intended by the customer. Such standards, safety regulations, conditions of use, etc., or compliance with them shall be taken into account by the customer alone. The customer shall also ensure the correctness, function and safety of the tested object within the scope of (serial) use. In this respect, the customer shall release us from all claims of third parties and from all necessary expenditure on our part incurred in this connection or shall fully indemnify us and hold us completely harmless.
4.6. As far as one-off or repeated acts of cooperation on the part of the customer are required to carry out our services (e.g. provision of test documents or test parts), the customer shall provide these in good time and at his own expense; expenses shall only be reimbursed if this has been agreed in writing. As long as the customer fails to perform the acts of cooperation, does not perform on time or does not fulfil them properly, we are entitled – irrespective of any further legal or contractual claims – to withdraw from the contract after granting an appropriate grace period.
4.7. We have the right to have the services incumbent on us carried out by a subcontractor carefully selected by us and deemed suitable.
4.8. If we are active outside our business premises, the customer shall be responsible for undertaking all necessary measures to fulfil road safety obligations, insofar as nothing to the contrary emerges from the nature of the matter or an agreement with the customer indicates otherwise. We are entitled to refuse to perform the service as long as the necessary measures have not been taken.
4.9. If the service or part of the service has been subcontracted to a supplier, the supplier guarantees that it shall permit TIZ Grieskirchen and its customers and all public inspection institutions access to its business premises insofar as this is necessary to assess compliance with quality standards. The supplier shall disclose all necessary specifications, instructions, processes, records or special requirements.
4.10. The customer agrees that the supplier may claim the research premium pursuant to Section 108c Austrian Income Tax Act.