§ 1    General Provisions
Our general terms and conditions are content of each contract between Laboratorium für Straßen und Betonbau Trier (sbt) and its customers (AG). From these general terms and conditions differing verbal agreements or other deviations, especially diverse formulated requirements of the customer (AG), are only effective after these are expressively affirmed in written form by sbt.
In case that parts of the General Terms and Conditions become ineffective, legal regulation becomes effective, or if there is enough leeway an alternative regulation, which is suitable for the economic goals of the respective parties. All other parts remain untouched.

§ 2    Offers and Contract
(1)     The notice of acceptance and order placement require a written affirmation.
(2)     Contractual changes, amendments or confirmations require written form to become effective.

§ 3    Payment
For assertive, frequently reoccurring services fixed rates according to a valid price listing will be charged. Taking of samples, on-site inspections and participation in meeting appointments will be charged on an hourly basis. In addition to this transportation costs, cash expenditures, travel costs and allowances and so on will be charged. In case of overtime work, night work, work on Saturday, Sunday and Holiday, the respective personnel cost will be increased based on the currently valid pricing list.
The respective and valid pricing list is basis for the contract. Upon request this list will be sent to the customer.
The respective value added tax will be charged to the invoice total.
In case that a customer changes or cancels an order, he hast to compensate sbt for accrued costs and release sbt from all commitments against 3^rd parties pertaining to the value performance. For examinations which at the time of order cancellation are completed to the point that results can be released 90 percent of the testing costs will be charged. Should the customer cancel the order prior to finishing the work, the respective costs will be charged according to the appointed hourly rate.
The assertion of additional claims is not effected by this.

§ 4   Scope of Services
The extent of the examination depends on the customer requirements, insofar as it was not changed by sbt at the time of order confirmation. In case that upon receiving of test specimen there is no clear and understood outlining for the examination all examinations are performed according to valid and respective norms, terms of delivery or other standard dispositions.
In general the scope of service includes the testing of a test specimen and the preparation of an examination or test report including an abbreviated evaluation with regards to the extent to which the test sampling equates to required specifications. For engineering services (certificates, advisory opinion and so on) respective additional expenses and according to the hourly rates of our pricing list will be charged.
sbt is entitled to and following dutiful judgement to work together with third parties (for example other authorities on subjects) when executing a customer order.
Services or tests which are not listed within the pricing list will be charged at an hourly rate and according to general business rates (for example BAST).
In case of final judgement examinations any required multiple examinations will be charged with an additional fee to cover the extra cost.
Freight cost to send test specimen to sbt are generally paid by the customer.
Test specimen that are not completely used up during examination will be discarded after the test report preparation, as far as there is no other arrangement for safekeeping by the customer. Results of third party laboratories are clearly identified within the report.

§ 5    Liability
Orders will be performed according to accepted engineering rules and other valid regulations.
Damage claims are excluded, as far as the faulty examination originates from the technical documentation or the test specimen. The technical documentation (also transferred removal records and transcripts) or test specimen are not verified and checked in regards to suitability (representativeness). This is not the case when sbt is ordered by the customer to extract representative test specimen and when sbt performed this extraction itself. If the customer assigns the extraction of representative test specimen, the customer is responsible for an on-site instruction. sbt has to be completely informed about the precise locality (Also known construction defects). In case that the customer has no knowledge about the locality himself he has to inform about this fact.
sbt is bound to remedy a justified claim within an appropriate time-limit. A failing remedy that sbt is responsible for may lead to a conversion or abatement by the customer. Further pretensions for damage compensation and compensation for consequential damage are excluded explicitly, unless sbt proves itself to operate gross negligent or with deliberate intention. This pertains also to respective damage claims by third parties. The liability is limited to the compensation of the immediate damage and is limited in its gross sum by the respective limit of indemnity of sbt’s public liability insurance.
Damage claims against sbt are only entitled to the immediate customer of sbt and cannot be transferred.
Examination results and especially the content of final conclusion are limited to the specific order. Further conclusions, assessments, deductions and so on that are not the result of the order, are forbidden and may not be used to justify a claim. This is particularly valid when the order requires the examination of a subsection of an overall construction or factual context. A partial examination does not allow the conclusion for the overall construction.
Liability for subsequent damages which originate at the customer after sbt was completing it’s work, is limited to deliberate intention and negligence.
Changes to material properties as a result of chemical and physical processes, and which impair examination results retroactive, cannot be the subject of damage claims through the customer.
Liability is excluded for claims related to damages and defects which derive from the extraction of material samplings taken from buildings, building sections or other properties. This exclusion is also valid for subsequent damage to assets.
The customer is responsible to obtain entry rights required to perform field examinations; and find out and disclose the position of cable or service lines or render a layout showing respective cable or service lines. Unavoidable field damages have to be compensated by the customer.
Liability is not assumed for verbal information.

§ 6    Propagation
The propagation of test certificates, other certificates and preliminary inspection results to other persons than the customer or institutions, which are not involved in the respective project is not allowed without explicit approval by sbt.

§ 7    Limitation of time
Liability claims against sbt, inclusive of claims for damage compensation and with exception of delict claims and claims according to the Product Liability Act expire within one year effective after delivery or acceptance test.

§ 8    Jurisdiction and place of fulfilment
Place of fulfilment for all commitments implicated by the contractual relationship is the registered office of sbt.
The exclusive jurisdiction for all legal disputes originating from the contractual relationship and from the starting point to the final potency is ascertained by the registered office of sbt.
The contractual relationship is only subject the justice of the Federal Republic of Germany.