Version 3.01 valid from 1. January 2020
I) Initial provisions
These general terms and conditions apply to all cooperations, assignments, deliveries and services to Q.auditors - Walter Grimm and International Certification Management Ltd. HongKong PRC
Deliveries and services are made exclusively under the conditions stated below, for the respective department, "trading of metal goods" and "collecting and forwarding of generally accessible information" but exclusively of any form of advisory activitywith which the customer agrees by placing the order. Verbal agreements and information are to be regarded as non-binding. Conditions of the contracting party are expressly contradicted. Deviations from the "General Terms and Conditions" or even excluding agreements require our express written consent in order to be valid.
Orders should be made in writing if possible. In any case, written orders are legally issued with the customer's signature. In the case of an oral order, we will send an order confirmation. The order is considered as legally binding if it is not objected to in writing within one week. In urgent cases, orders can also be made verbally, and are then deemed to have been issued, if essential e-mail correspondence suggests a project execution.
C) Benefit date for services and invoicing
The term benefit date is used in connection with the provision of services as follows. It is the completion date, exactly the date on which the service was completed. This can be in form of oral completion, by confirmation of email, or signed handover of finalized documents. In case the service span is across a lonter timeline and even years, the final date of presentation of the finalized documents will be regarded as benefit date.
Due to the legal basis applicable since 1 January 2003, an invoice must include both the date of issue, the date of delivery or other service or the period of performance. If the date of the invoice issuance coincides with the date of delivery or other service, the separate statement of the service date may be omitted if the invoice contains the note "date of invoice delivery or service date".
We are also entitled to have orders carried out by competent employees or commercial / freelance cooperation partners (in whole or in part) and to exchange these as well.
E) order cancellation:
We reserve the right to refuse orders or to reasonably interrupt orders without giving a reason. Likewise, we are entitled if agreed deadlines are not met by the other party, agreed upon own work to be carried out or if there are doubts about the customer's creditworthiness (eg KSV rating worse than 450), placing intermediate billing documents and interrupting the project.
F ) displacements:
Should the start of the project be postponed by you, we are entitled to charge 6 months after placing the order 25% of the agreed fee, but at least 3 man days as a down payment. If the project start is postponed by you again and further, we are entitled after a lapse of one year from placing of order plus the usual or agreed project duration, the entire agreed fee (lump sum or usual costs for time allocation) due. Should it become impossible for our company after placing an order because of reasons for which you are responsible to provide the agreed service or if you refuse our service (= cancellation), the entire agreed fee (lump sum or usual costs for time allocation) may be immediately due. These rules apply regardless of whether the project has already been started.
G) Payment conditions:
Basically, unless otherwise agreed, our invoices are payable immediately on the day of invoicing in cash, bank transfer or clearing check.
When sending an invoice with enclosed hard copy is considered the payment date promptly, but no later than the date specified in the invoice, without any deduction, all his bank charges are to be added by the customer to the invoice amount.
In the event of late payment default interest in the amount of 1,5% per started month. offset from the date of the accounting. From the 21. We reserve the right to send you a paid payment reminder every 2 weeks, which will increase the open invoice amount by an additional € 3, -. The customer is not entitled to withhold payments or partial payments for incomplete performance, warranty or warranty claims or complaints, however, we will endeavor to act in his interest.
If the customer is in default, then Grimm is entitled to offset payments made by him irrespective of his dedication to our claims according to his own ideas in accordance with the principle of equitableness. In the event of default, the buyer is obliged to Grimm to remunerate causally incurred pre-litigation costs, such as attorney's fees, search fees and collection agency costs. If the purchaser is in default or deteriorates significantly, Grimm shall be entitled to immediately forfeit all its claims, even if their payment is deferred, to withdraw from contracts that are not yet or only partly fulfilled with immediate effect, and duration with immediate effect Dissolve effect.Grimm is in this case further entitled to the return of the goods to be delivered and goods not fully paid in accordance with the terms and conditions.
In such a reversal is at least a flat rate compensation in the amount of at least 25% of the invoice value. The buyer is not entitled to any counterclaims he has against Grimm should have, with the purchase price or related claims of Grimm to compensate.
H) Additional costs:
It is our strictest company policy on a success basis and without the usual costs in the industry such as travel expenses, mileage allowance, training fee etx. to work. However, additional costs may include copying costs, printing costs, translation fees, data entry, costs for data media, postage charges due to the sending of documents to be submitted, messenger services, etc., which must be borne by the customer. Further possible additional costs may arise from the agreed use of infrastructure of your company such as desks, computers, printers, Internet or telephone. Also a reasonable hotel, single room with breakfast takes over necessary overnight stays on site of our employed staff of the client.
I) Retention of title:
The object of purchase or the goods remains our property until full payment of the purchase price and all associated costs and expenses. In the event of even partial default of payment, we are entitled to collect the goods without the consent of the buyer.II) Provisions for the field
A) General conditions:
The client shall ensure that the organizational framework conditions allow the work to be carried out as smoothly as possible in order to facilitate the rapid progress of the process.
B) Document preparation:
The client ensures that Grimm even without his special request, all documents necessary for the fulfillment and execution of the order shall be submitted in due time and he shall be informed of all events and circumstances which are of importance for the execution of the order. This also applies to all documents, processes and circumstances that become known only during the activity of the consultant.
C) Internal information:
The client ensures that his employees and the legally provided and possibly established employee representation (works council) are informed about this before the start of the work.
The client undertakes to take all necessary precautions that are appropriate to jeopardize the independence of the cooperation partners and employees of Grimm to prevent. This applies in particular to offers of the client for employment or the assumption of orders on his own account during and also within two years after completion of the cooperation.
Grimm remains a copyright to his services.
F) Use right:
In view of the fact that the services provided are intellectual property of Grimm are, the right of use of the same applies even after payment of the fee exclusively for the client's own purposes and as a right to use the work in his own company and only in the scope specified in the contract. Any nonetheless passing on, or publishing in the course of a dissolution of the company or a bankruptcy, but also the short-term release for reproduction purposes claims damages. In such a case, full satisfaction is required.
G) Consultant liability:
Grimm and its employees perform tasks in accordance with generally accepted principles of professional practice.Grimm is liable for damages only in the event that intent or gross negligence can be proven, and within the framework of statutory provisions. This also applies to breaches of obligations by consulted colleagues. The claim for damages can only be asserted in court within six months after the beneficiary (s) have become aware of the damage, but no later than three years after the event giving rise to the claim.
H) Fee claim
Grimm has in return for the provision of its services claim to payment of a reasonable fee by the client. If the execution of the order after the contract is signed by the client prevented (eg due to termination), so belongs Grimm however, the agreed fee. If the execution of the order is interrupted by circumstances that are on the part of Grimm and have an important reason, so has Grimm is only entitled to the part of the fee corresponding to his past performance. This applies in particular if despite termination for the client his past achievements are usable.Grimm can make the completion of his service dependent on the full satisfaction of his fee claims. The complaint of the work entitled, except with obvious deficiencies, not to the withholding of the Grimm entitled remuneration.
I) time allocation
Insofar as terms such as man's day and man's hour have been agreed in our offers, we understand sixty minutes under a man's hour, and under one man's day, a service provision of eight hours, excluding half an hour's lunch break. Travel times are not attributed to, but very late delays on the part of the contractor.
Unless otherwise agreed in writing, the amount of the fee depends on the time of preparation of the fee note issued by the respective trade association guidelines.
III) Final provisions
A) Place of fulfillment:
The place of performance of the purchase contract is the registered office of Grimm, As the place of jurisdiction for all disputes - including lawsuits in the bill of exchange, check and documentary process with the contracting parties, which are registered traders or registered in the commercial register and legal entities and persons resident abroad, the factual competent court as the district court Oberwart lowest instance, or respectively according to jurisdiction respectively corresponding higher courts. All business transactions are subject to Austrian law with explicit exclusion of the UN Sales Convention.
B) Project feedback:
It is expressly agreed that you inform us immediately in case of negative feedback from your company, so that we can take measures. Furthermore, you allow us after the project to send a feedback form and Grimm to deliver data for our continuous improvement process.
For arrears, dunning and collection costs as well as default interest are charged. In the case of delay, further expenses are necessary, you bear all our reminder fees, all costs accruing us in pursuit of our claims (also internal costs), expenses, cash expenses (of whatever title) as well as all pre-litigation, in particular through the intervention of a debt collection agency or a lawyer incurred costs. In the event of default, interest shall be agreed at 1,5% per month from the due date, the interest being added on a monthly basis and the following month being calculated from the increased capital base. Incoming payments are credited first to interest and expenses and finally to the pure invoice amounts, even if something else is stated on the payment receipt.
D) assignment of claims:
We reserve the right to assign claims to third parties
Our employees and contractual partners are bound to secrecy. Documents and information given to us are treated confidentially and, if requested, returned or destroyed after completion of the project.
The contracting party expressly agrees that its company data necessary for the legal transaction will be recorded and processed by EDP. wrathundertakes to protect this data according to the state of the art against unauthorized access.
G) Error & misprint:
Errors and misprints reserved. A contestation of the agreement because of error is excluded.
H) Severability clause:
Should any of the above provisions be or become inaccurate, ineffective or void, then both the contract as a whole and the other terms and conditions remain valid.
I) Possible changes:
The current version of our Terms and Conditions is published on the Internet for all our customers, suppliers and business partners.
Terms and conditions supplement for China CCC services
Delivery and payment conditions
We assume no liability for the results of the Chinese authorities.
The current costs are based on a timely project start so that the audit date can be adjusted accordingly. If this is not the case, further external costs would be incurred.
All prices are net.
When ordering, an 50% down payment is required for all external costs.
All costs of the Chinese authorities, travel expenses and test costs are included in the offer, only if explicitly mentioned
An average time of a new certification of 3-6 months is estimated. In the follow-up this is planned in advance, and no definite period of need.
An Avarage time of 2 month for updates to current certificates is estimated.
All prices are subject to the current legal requirements of the Chinese authorities. If these change, the offer will also be adapted after consultation.
All prices are subject to the current exchange rate. Changes in this area will be adjusted accordingly after consultation.
Payment immediately after passing the audit or service if not otherwise defined.. Distributed small amounts are charged to RS together with the main audit.
Q-auditors Conditions for processing
Q.auditors will be commissioned to handle CCC matters. The customer undertakes to provide all necessary documents and processes.
Meet the CCC requirements
To provide necessary documents
Meet requirements to pass the audit
Entrance to the premises
Check and confirm documents for accuracy
The contents of the Terms and Conditions of Q.auditors are accepted.