General Terms and Conditions (GTC)
of Schipper CertPers UG (haftungsbeschränkt), Niermannsweg 11-15, D-40699 Erkrath
§ 1 Part of the contract
Contract components are
- the application for testing and certification including all declarations of the applicant and the client;
- these General Terms and Conditions;
- the testing and certification regulations for testing and certification in accordance with the SGU-Personal VAZ 2021 certification program, available on the website of the personal certification body Schipper CertPers UG at https://www.schipper-certpers.de under the heading General Terms and Conditions;
- the policy on the use of certificates, logos and symbols;
- the fee schedule, available on the website of the person certification body Schipper CertPers UG at https://www.schipper-certpers.de under the heading Download Center / Documents;
- the determination of objections and complaints, available on the website of the person certification body Schipper CertPers UG at https://www.schipper-certpers.de under the heading Objections and Complaints.
§ 2 No validity of the client’s contractual provisions
The client’s general terms and conditions do not become part of the contract, even if they are not expressly contradicted.
§ 3 No responsibility for the accuracy or verification of the certification program
The personnel certification body Schipper CertPers UG is not responsible for the accuracy or verification of the SGU Personal VAZ 2021 certification program.
§ 4 Fees / Invoice / Payment
(1) The personal certification body Schipper CertPers UG charges fees for its services, as set out in the fee schedule available on the personal certification body's website. Fees will also be charged if the exam is not taken, if the applicant fails to cancel the exam at least two weeks before the exam date, or if the exam is graded "failed."
(2) The customer agrees to receive invoices electronically by completing the "E-mail address for e-invoice" and "Format selection" fields provided for this purpose in the application. Electronic invoices will be sent to the customer via email in the XRechnung or ZUGFeRD formats with an additional PDF file of the EN 16931 series of standards. Further information on the ZUGFeRD invoice format can be found at www.ferd-net.de.
(3) Invoices are generally payable immediately upon receipt, unless otherwise agreed. In case of late payment, the certification body is entitled to charge default interest in accordance with Section 288 of the German Civil Code (BGB).
§ 5 Confidentiality
(1) The personal certification body Schipper CertPers UG treats the information and data acquired during the certification process as strictly confidential. Any disclosure to third parties requires the prior written consent of the applicant or certificate holder.
(2) The above paragraph 1 shall not apply to
- the obligation of the personnel certification body Schipper CertPers UG to provide information on the validity of SGU certificates to third parties upon request in accordance with the requirements of the SGU-Personal VAZ 2021 certification program.
- the inclusion of the data in a possibly public certificate database of the personal certification authority in order to confirm the authenticity of and trust in the certificates we issue to third parties. A public certificate database of Schipper CertPers UG is not currently active for data protection reasons.
- a legal, court-ordered or regulatory obligation to disclose.
(3) The personal certification body Schipper CertPers UG is entitled to keep copies of the written documents that were made available to it for inspection or handed over for the execution of the order for its own records.
(4) The person certification body Schipper CertPers UG is authorized to allow assessors of the accreditation body to inspect the examination documents and to participate in the examinations.
§ 6 Data protection
(1) The personal certification body Schipper CertPers UG processes personal data for the proper fulfillment of its contract and otherwise only for permitted purposes.
(2) The personal certification body Schipper CertPers UG takes the necessary technical and organizational measures and ensures compliance with the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
§ 7 Limitations of liability and disclaimer
(1) Schipper CertPers UG is liable without limitation:
- in the case of malice, intent, gross negligence;
- within the scope of a guarantee expressly provided by it;
- for damages resulting from injury to life, body or health;
- in accordance with the provisions of the Product Liability Act.
(2) In the event of property damage or financial loss caused by slight negligence on the part of Schipper CertPers UG, Schipper CertPers UG shall only be liable in the event of a breach of material contractual obligations and limited to the damages foreseeable and typical for the contract at the time the contract was concluded. A material contractual obligation is an obligation whose fulfillment is essential for the proper execution of a contract and on whose compliance the contracting parties may generally rely.
(3) Otherwise, liability of Schipper CertPers UG is excluded.
(4) The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of Schipper CertPers UG.
§ 8 Limitation period
All claims, with the exception of fee claims, expire one year from the statutory limitation period. This does not apply to liability for damages based on intent or gross negligence, or to damages resulting from injury to body, life, or health, or from the breach of essential contractual obligations.
§ 9 Text form
All notifications, declarations, etc., to which the applicant and/or the examination candidate are obliged, must be sent at least in text form to the person certification body Schipper CertPers UG, Niermannsweg 11-15, 40699 Erkrath.
§ 10 Form requirement of declarations
Agreements, ancillary agreements, commitments, and all other arrangements and declarations, as well as the communication of all results obtained within the scope of the service provision, are only binding if they have been confirmed by the Personnel Certification Body at least in text form. This also applies to amendments to this clause.
§ 11 No side agreements
No verbal side agreements have been made.
§ 12 Applicable law
The contract is subject to German law, excluding the conflict of laws provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
§ 13 Continued validity of the contract in the event of invalidity of a provision
Should any provision become invalid or ineffective for any reason, the remaining provisions of the contract shall remain unaffected. The invalid or ineffective provision shall be replaced by a similar provision.
Erkrath, 15.11.2024
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