1.1. EUROTEST INSPECTION (hereinafter referred to as ETI) hereby expressly rejects the applicability of any general conditions of the Client. These General Terms and Conditions of inspection services contain conditions limiting or excluding liability.
1.2.The written form as agreed between the Client and the Company according to these General Conditions for the preparation and communication of documents within the scope of the Contractual Relationships (i.a. offer, acceptance, side agreement, addendum) is also met in case of electronic data transfer. Transfer via internet per unencrypted email or other digital transmission technology (e.g. Client’s interface, online portal etc.) or per fax is sufficient
1.3. These General Terms and Conditions of inspection services govern the offering and sale of the services from or on behalf ETI to our clients and applies to all similar dealings between our firm and costumers.
1.4. These Conditions may only be varied or waived by a duly executed written agreement between Seller and Customer.
2.1. ETI will provide services in accordance with the Client‘s specific instructions. In the absence of such instructions, the international standard rules of inspection will apply or other methods our company will consider appropriate and necessary and in financial grounds for the nominated job.
2.2. Reports of Findings issued further to the testing of samples contain the Company’s opinion on those samples only and do not express any opinion upon the lot from which the samples were drawn.
2.3. Our company undertakes to keep available to the principal the samples that are in its possession for a period of 90 days, after which ETI shall be entitled to dispose of the samples and after which any right to a claim on ETI on account of or in connection therewith shall be void. The period of 90 days commences on the day on which the last activities with respect to the samples were performed.
3.1. For all services provided, ETI will issue invoice(s) at any time from when the service(s) completed, which are due to be paid in full within a maximum 30 days from the receipt of the invoice.
3.2. In the event of late or incomplete payment, ETI reserves the right to invoice penalties of 1% from the value of the unpaid amount / day of delay.
4.1. ETI and our clients may reserve the right to keep the mutually disclosed business and trade secrets confidential, not to transmit them to third parties without the written consent of the other party and not to use them in an unauthorized manner for their own purposes. Information received or obtained in the course of the contractual relations will be treated as confidential, unless it has been made public or publicly accessible, or it was already known, or it was made known by a third party without any breach of a duty of confidentiality. Our firm is authorized to use test results in an anonymized form for scientific purposes, publish them and to analyses them statistically for in-house purposes.
4.2. All disputes arising out of or in connection with the Contractual Relationships hereunder shall be governed by and construed in accordance with the substantive laws of Romania exclusive of any rules under international private law. The exclusive place of jurisdiction for all these disputes shall be Hamburg, as far as the Client is a merchant, a legal entity under public law or a special fund under public law. The Company is, however, also entitled to sue the Client at Client’s place of general jurisdiction.