General Terms and Conditions (GTC) of 4TIERS GmbH
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all business relationships between 4TIERS GmbH (hereinafter "4TIERS") and its customers, unless otherwise agreed in writing.
1.2 Deviating, conflicting, or supplementary general terms and conditions of the customer will only become part of the contract if and to the extent that 4TIERS has expressly agreed to their validity in writing.
2. Subject of the Contract
2.1 4TIERS offers services and consulting in the field of testing laboratories as well as the execution of proficiency tests. The sale of products is carried out exclusively in the context of corresponding consulting or service agreements.
2.2 All services provided by 4TIERS are exclusively directed at commercial customers (B2B).
3. Remuneration and Payment Terms
3.1 All prices are quoted in Euros (€) plus the applicable statutory value-added tax.
3.2 Payments are due within 8 days from the invoice date without any deductions.
3.3 Until full payment is made, all delivered products remain the property of 4TIERS (retention of title).
4. Confidentiality and Copyright
4.1 Both parties undertake to maintain confidentiality regarding all information obtained during the collaboration that is marked as confidential or is confidential by its nature.
4.2 Employees of 4TIERS are obligated to maintain confidentiality.
4.3 All copyrights to documents, reports, analyses, and other work results created by 4TIERS remain with 4TIERS unless otherwise agreed in writing.
5. Warranty
5.1 4TIERS warrants the proper execution of the agreed services according to the current state of the art.
5.2 For goods and services provided by cooperation partners, 4TIERS is only liable for proper selection and mediation.
5.3 Warranty claims by the customer expire within 12 months after the acceptance of the service or delivery of the goods.
6. Liability
6.1 4TIERS is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body, or health.
6.2 In cases of simple negligence, 4TIERS is only liable for breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable, contract-typical damages.
6.3 Any further liability of 4TIERS is excluded, insofar as legally permissible.
6.4 The aforementioned limitations of liability also apply in favor of the legal representatives, employees, and vicarious agents of 4TIERS.
7. Place of Jurisdiction, Place of Performance, Applicable Law
7.1 The place of performance for all obligations arising from the contractual relationship is the registered office of 4TIERS GmbH in Hamburg, Germany.
7.2 The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Hamburg.
7.3 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8. Miscellaneous Provisions
8.1 Collateral agreements, amendments, or supplements to these GTC must be made in writing to be effective. This also applies to the waiver of the written form requirement.
8.2 Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.
Hamburg, December 16, 2024