General Terms and Conditions (GTC) / Cancellation Policy
For all our business activities the following Terms and Conditions apply:
Our offers, deliveries, and services are exclusively based on the following terms of delivery and payment. By placing an order, the client fully accepts the validity of our General Terms and Conditions of Business.
2. Conclusion of Contracts
VLB Berlin shall be bound to offers made by it for a term of sixty (60) days as from the date of the offer. If a customer places an order with VLB Berlin within this term, a contract is brought about which is based on the conditions of the offer.
When an order is placed with VLB Berlin without a prior offer by the latter, a contract shall be brought about only if the order is confirmed in writing by VLB Berlin, or if the order is carried out by VLB Berlin, within a period of two (2) weeks counted as from the date of the order’s receipt.
Oral agreements shall be effective only if confirmed in written form. Information that is orally provided shall not be binding. VLB reserves the right to place test orders with sub-contractors in case
of need. The names of these sub-contractors will be provided upon customer’s
3. Terms of Delivery
Orders which are placed with VLB Berlin will principally be processed in the order they are received; urgent orders will be given priority. If delivery dates agreed upon with VLB Berlin or delivery dates communicated by VLB Berlin or terms for the rendering of a service are not observed, the Ordering Party shall grant VLB Berlin an additional period of time of one (1) week for laboratory analyses, and an additional period of time of two (2) weeks for other contractual performances. Only upon the expiration of this additional period of time the customer may withdraw from the contract or claim damages.
Claims for damages put forward by the customer shall be limited to damage which is based on either intentional or grossly negligent breach of contract by VLB Berlin or by its vicarious agents.
In cases of operational breakdowns, force majeure, or other impediments for which VLB Berlin is not responsible, VLB Berlin shall be entitled to either wholly or partially withdraw from the contract. Claims for damages put forward by the Ordering Party shall be excluded. Partial performances shall be admissible.
For deliveries and services, the prices stated in the offer of a contract of VLB Berlin or – should such an offer of a contract of VLB Berlin not be available – the prices listed in the price list of VLB Berlin which is valid at the time an order is placed will be charged to account.
Travelling expenses connected with the execution of an order will be charged to account at EUR 0.40 per kilometer. Other costs and expenses, connected with the execution of an order, will be charged to account on the basis of evidence to be presented.
Invoices submitted by VLB Berlin fall due for net payment within fourteen (14) days as from the date of the invoice. In cases of default in payment, the Ordering Party undertakes to pay ten per cent (10 %) interest per annum on payments in arrears.
6. Reservation of Title
Until full payment of the purchase price and all claims incurred until delivery under the existing business relationship, VLB Berlin retains title to the goods delivered by it.
Highest quality standards apply to all goods delivered and services rendered by VLB Berlin. All orders for services and consulting will be performed in accordance with the general rules of VLB Berlin’s quality policy.
If the results of laboratory analyses are objected to, this shall be communicated by the Ordering Party promptly to VLB Berlin, but by the latest within one (1) week after these results are submitted to the Ordering Party.
VLB Berlin shall be entitled to again examine the available sample within the framework of the rectification of defects. If this attempt to rectify defects fails, the Ordering Party may either claim a reduction of the payment or withdraw from the contract in its discretion.
If the goods delivered by VLB Berlin are defect, the customer shall be entitled, in the discretion of VLB Berlin, to the right of the rectification of defects or a substitute delivery. If both, the rectification of defects or the substitute delivery fail, the customer may claim a reduction of the payment or withdraw from the contract in his discretion.
VLB Berlin shall be liable for damage the customer suffers on whichever legal grounds only if the damage is based on an intentional or grossly negligent violation of the contract by VLB Berlin or its vicarious agents provided these claims for damages against VLB Berlin are put forward because of the absence of warranted characteristics. Also in the case of absent warranted characteristics, VLB Berlin shall not be liable for consequential harms caused by defects if the warranty was not to especially protect against the occured consequential harms caused by defects.
The VLB Berlin has the right forward ananlyses to external laboratories. If this is the analysis for VLB Berlin is accredited, the sample can only forwarded to laboratories that have also an accreditation.
8. Data Protection
In the sense of the Federal Data Protection Act, VLB Berlin shall be entitled to process, store, and evaluate data of the Ordering Party obtained in connection with the business relationship.
VLB Berlin shall be entitled to use the order results for scientific evaluations and publications. However, VLB Berlin undertakes to neutralise the results and abstain from any and all indications to the Ordering Party and its concerns. In cases of publications with the Ordering Party’s name, approval shall be obtained from the Ordering Party.
9. Applicable Law
The business relationship between VLB Berlin and its customers shall be governed by the law of the Federal Republic of Germany.
10. Place of Jurisdiction and Place of Performance
Exclusively Berlin shall be the place of jurisdiction. Place of performance for all deliveries and payments shall be Berlin.
11. Supplementary Clause
If one of the conditions of the contract entered into between VLB Berlin and the Ordering Party or one of the conditions of these General Terms and Conditions of Business be or become ineffective, this shall not affect the validity of the remaining contract regulations or the General Terms and Conditions of Business.