BRD Technocrats LLP

Terms & Condition

GENERAL

  • Unless expressly agreed otherwise in writing, all offers or services and all contractual relationships arising therefrom between BRD Technocrats LLP, and the affiliated companies (each hereinafter referred to as "Company") and the client (hereinafter referred to as "Client") (hereinafter referred to as "Contractual Relations") shall be governed by these General Terms and Conditions for Inspection and Analytical Services (hereinafter referred to as "GTC")..

  • The written form agreed herewith between the Client and the Company in accordance with these GTC for the preparation and transmission of documents within the scope of their contractual relations (including for offers, acceptances, ancillary agreements, and subsequent agreements) shall also be complied with if this is done electronically. In this respect, telecommunication is sufficient, i. e. e. g. via the internet by unencrypted e-mail or other digital means of transmission (e. g. via Client interface, inter- net portal, etc.) or by fax

  • The Client accepts that messages sent via the Internet without encryption can be lost, altered or falsified with or without the intervention of third parties, that conventional e- mails are not protected against access by third parties and that the Company therefore accepts no liability whatsoever for the confidentiality and integrity of e-mails that have left the Company's area of responsibility. The Company accepts no liability for data security during trans- mission via the Internet, nor for data security if the data is under the sovereignty of the Client. This also includes malware occurring in connection with the electronic transmission of data and possible damage to the Client resulting therefrom

  • Unless the Company receives written instructions to the contrary from the Client prior to the execution of the engagement, no persons other than the Client itself shall be entitled to give instructions to the Company, in particular with regard to the scope of the engagement or the issuance of audit reports or expert opinions (hereinafter: "Audit Reports"). The Client hereby irrevocably authorizes the Company to forward investigation reports to third parties if this is requested by the Client or if, at the Company's discretion, this results from the circumstances, custom, us- age or practice

  • The Client's general terms and conditions of

PROVISION OF SERVICES

  • The Company shall provide its services as agreed with due care in accordance with the Client's specific instructions. In the absence of instructions, the following shall apply

    • The Company shall provide its services as agreed with due care in accordance with the Client's specific instructions. In the absence of instructions, the following shall apply
    • the relevant regulatory requirements, trade customs, usages or practices and/or
    • Such procedures as the Company deems appropriate for technical, operational and/or economic reasons

  • All information in the investigation reports is derived from the results of inspection or analytical procedures applied in accordance with the client's instructions and/or from the assessment of such results based on the best technical standards, trade customs or practices or any other circumstances which, in the opinion of the Company, must be observed

  • In the event that the Company is required by the Client to witness third party interventions, the Client acknowledges that the Company's responsibility is limited solely to being present at the time of the intervention and to witness the results or to confirm the occurrence of the intervention. The Company shall not be responsible for the condition or calibration of the apparatus, instruments or measuring devices used by the third party or the methods of analysis employed or the qualifications, acts or omissions of the third party's employees or its results of analysis

  • The Company's investigation re- ports shall exclusively reflect the facts ascertained at the time of the investigation within the framework of the specific instructions given by the Client or, in the absence thereof, within the framework of the investigation parameters determined in section 2 (a). The signed examination report (manually or electronically signed) is the only legally binding document (cf. Clause 2 (f) of these GTC). The Company is not obliged to refer to or report on values or facts that lie outside the specific instructions provided by the Client or the alternative test parameters pursuant to section 2 (a) of these GTC

  • The Company shall make available the investigation report in agreement with the Client in digital form and/or in paper form.

  • If the investigation report is transmitted digitally, the Company accepts no responsibility for the digital form being sufficient for the Client's purposes. The digital examination report shall be transmitted via the Internet by unencrypted e-mail or other digital means of transmission (e. g. via Client interface, Internet portal, etc.), cf. section 1 (c) of these GTC.

PRICES AND PAYMENT CONDITIONS

  • (a) The Client shall pay the Company the agreed prices for the deliveries and services. In the absence of a price agreement between the Company and the Client, the prices payable by the Client shall be determined in accordance with the Company's price lists (which may be subject to adjustment) in force at the time the services are provided. Unless otherwise agreed in writing, payment shall be due without deduction within 14 days of the date of the invoice. Payments shall be made to the account specified in the invoice with- out cash. Other methods of fulfilment and discounts shall only be granted if they have been agreed in writing. Payment by cheque is excluded. All prices are exclusive of the applicable statutory value added tax and any travel and shipping costs. The Company may in- voice costs for packaging and transport separately

  • Claims of the Company may only be offset or a right of retention may only be asserted if the counterclaim of the Client is undisputed or has been finally determined by a court of law.

  • The Client shall bear all costs incurred in connection with the collection of the claim from, e. g. collection and law- year's fees

  • The Company is entitled and obliged to adjust the prices at its reasonable discretion in accordance with (INDIAN Civil Code) (i. e. to increase, entitled and to re- duce, obliged). The reason for such a price adjustment is exclusively a change in the costs which are decisive for the price calculation, in particular costs for energy (e. g. electricity, gas, fuels), wage and material costs as well as costs for the necessary preliminary services for the pro- vision of the service. The company continuously monitors the corresponding cost development

    • Invoices are usually sent by e-mail as a PDF file from our electronic mailbox

LIABILITY

  • The Company is neither an insurer nor a guarantor and declines to assume the associated responsibility

  • Investigation reports shall be drawn up on the basis of the information, documents and/or provided by or on behalf of the client and shall be for the exclusive benefit of the client. The Client shall be responsible for drawing the necessary conclusions therefrom. Neither the Company nor any of its officers, employees or subcontractors shall be liable to the Client or any third party for any action taken or not taken on the basis of such investigation reports. Similarly, no liability shall attach if the investigations are based on unclear, incorrect, incomplete or misleading information provided by the Client

  • The Company shall not be liable for delayed, partial or complete non- performance of services if this results directly or indirectly from events beyond the Company's control (e. g. in the event of a breach of the Client's obligations specified in Section 4 of these GTC or in cases of force majeure). The Company shall be liable, limited to the foreseeable damage typical for the contract, for damage resulting from a breach of essential contractual obligations due to simple negligence; essential contractual obligations are those whose performance characterises the contract and on which the Client may rely. The liability of the Company due to simple negligence in the event of a breach of non-essential contractual obligations is excluded.

  • However, the liability of the Company pursuant to (c) above shall be limited to an amount not greater than the PO value.. The Company shall only be liable for indirect or consequential damage if and to the extent that such damage is typical for the contract and was foreseeable at the time of conclusion of the contract

  • The limitations of liability in this clause 8 do not apply to damages in so far as they are based on gross negligence or intent, as well as in cases of mandatory statutory liability (in particular under the Product Liability Act). The same applies to damages resulting from injury to life, body or health if the Company is responsible for the breach of duty.

  • A breach of duty by the Company within the meaning of this Clause 8 shall be deemed equivalent to a breach of duty by its legal representative or vicarious agent.

  • In the event of claims for damages, the Client shall notify the Company in writing within three months of discovery of the circumstances giving rise to the damage.

  • In any case, claims for damages by the parties arising from breaches of duty by the other party shall become statute-barred after 24 months, calculated from the statutory commencement of the limitation period

  • The Client and the Company undertake to keep confidential the business and trade secrets received from the other party within the framework of the contractual relationship, not to pass them on to third parties without the prior written consent of the other party and not to use them for their own purposes without authorisation. Information received within the framework of the contractual relationship shall be treated confidentially by the Company, unless it is publicly known or accessible, or it was already known to the Company, or it was disclosed to it by a third party without breach of a confidentiality obligation.

  • In the course of providing the service, the Company and the Client may mutually gain access to each other's personal data. The parties shall process the personal data only for the fulfilment of the contractual obligations under their own responsibility. The Client undertakes to inform its employees working within the frame- work of the contractual relationship of this and to make this data protection information available to them.

  • The Company shall not be liable for impossibility of performance of the contract or for delay(s) in performance to the extent caused by force majeure or other events not foreseeable and/or avoidable at the time of the conclusion of the contract (e.g. disruptions of operations of any kind, difficulties in procuring materials and/or energy, transport delays, strikes, lawful lock- outs, shortage of labour, shortage of energy (e.g. gas shortage) or raw materials, difficulties in obtaining necessary official permits, pandemics (e. g. COVID-19 pandemic or epidemics, governmental regulations). e. g. gas shortage) or raw materials, difficulties in obtaining necessary official permits, pandemics (e. g. COVID 19 pandemic) or epidemics, official measures or the non-delivery, incorrect or late delivery by suppliers despite a congruent hedging transaction concluded by the Company (if possible)) for which the Company is not responsible. The Company shall notify the Client of this without delay. As soon as the impeding circumstances cease to exist, the Company shall notify the Client accordingly and resume performance without de- lay. If such aforementioned events make it substantially more difficult or impossible for the Company to perform the service and the hindrance is not only of a temporary nature or if the duration of the hindrance lasts for more than three (3) months, the Company shall be entitled, at its own discretion, to withdraw from the contract or to terminate it in whole or in part. If an aforementioned impediment is of temporary duration, the deadlines for the performance of the service(s) shall be ex- tended or, in case of doubt, the performance dates shall be postponed by at least the duration of the impediment plus a reasonable restart period (e. g. after interruption of the gas supply). In the event of termination, the Client shall remunerate of society the following:

    • the expenses incurred by the Company due to the termination of the execution of the contract;
    • a partial amount of the agreed remuneration corresponding to the part of the services actually rendered by the Company.

      • Otherwise, the Company's claim to remuneration shall lapse. The Client shall not be entitled to any further claims for performance or damages in the event of the Company being prevented from performing in connection with one of the afore- mentioned events.

  • If one or more provisions of these GTC are found to be invalid or un- enforceable in whole or in part, this shall not affect or impair the validity or enforceability of the remaining provisions.

  • During the provision of the Services and for a period of one year thereafter, the Client shall not directly or indirectly solicit, encourage or attempt to solicit any employee of the Company by means of offers. The use of the Company's name and/or registered trademarks for advertising purposes of any kind is not permitted unless prior written consent has been given by the Company.

    • The Company may name the cooperation with the Client as a reference. The Client may object to the use in writing within four (4) weeks of the establishment of the relationship.

APPLICABLE LAW, PLACE OF JU- RISDICTION, DISPUTE RESOLUTION

  • All disputes arising from the contractual relations between the Client and the Company shall be subject to the application and interpretation of the law of the Indian civil law excluding the provisions of private international law

  • The exclusive place of jurisdiction for all such disputes shall be the registered office of the Company. The Company may also sue the Client at his general place of jurist .