Offer terms and conditions
1.1 Test items
HPS examines many types of hazardous items, such as: Pyrotechnic articles (airbags, gas generators, fireworks), pressure storages, energy storages, batteries, with or without packaging. Dangerous goods packaging can be tested as well. The customer delivers all necessary test items and/or original packages free of cost and within an appropriate time frame to the committed test date. After testing, all test items and package will be scraped unless otherwise expressly agreed. It’s in the nature of things, that test items and packaging will be destroyed, we exclude any liability and warranty.
Testing will be proceeded based on the latest revision of the specifications. The requested specification has to be notified in the purchase order. Results will be compiled in a test report, in addition we provide photo and video test documentation.
The client provides all necessary information prior to the tests. This includes, among other things, precise details of the items and packaging to be tested, current approval documents and a written purchase order.
By ordering a CE type examination according to DIRECTIVE 2013/29/EU or a UKCA type examination according to the UK regulations of 2015, the customer also accepts the conditions of the notified body Certrust Ltd. in Hungary and acknowledges to enter into a legal relationship with CerTrust Ltd. The detailed conditions can be downloaded from www.certrust.eu or will be provided on request.
1.4 Time line
The test dates will be determined and confirmed immediately after the purchase order has been received. The released reports for a test will be submitted usually 2 weeks after the test latest.
§ 2 Consultancy
2.1 Consultancy Services
HPS shall perform consultancy services as specified in writing in accordance with the current state of the art. The customer shall support HPS to the extent required, in particular provide all required information.
The customer shall name a contact person; HPS shall name a customer consultant. Both shall have the authority to make the necessary decisions or shall obtain authorization for them in a timely manner. The customer consultant shall put decisions in writing. The contact person shall provide all required information. The customer consultant shall contact the contact person as is required to ensure the proper performance of the mutual obligations. The services shall be performed at the customer’s location if necessary, otherwise at HPS’s location. In the first case, the customer shall provide HPS’s employees with adequate working conditions.
§ 3 Training
Applications are considered in the order of receipt. The registration is binding as soon as it has been confirmed in writing by the organizer. Individual applications should be made with the exact address in writing by e-mail to Schulung@hps-examination.eu.
3.2 Implementation of the event, postponement
HPS reserves the right to postpone to reschedule or cancel events if the minimum number of participants is not reached or for other reasons for which it is not responsible. The participant will be notified at short notice. We reserve the right to make changes to seminar locations, dates, program, content, lecturers and course fees by free agreement if the number of participants is too low or in the event of errors.
3.3 Withdrawal and cancellation
The written registration is binding for the participant. Cancellation of the registration by the participant is only possible free of charge up to 2 weeks before the start of the seminar at the latest. The revocation must be made in writing. In the event of revocation received later or non-appearance or in the event of premature cancellation, we will invoice the full seminar fee. Decisive is the receipt of the revocation in our house. This regulation also applies to self-contained modules or cycles in event complexes.
In case of cancellation by the company HPS, already paid participant fees will be refunded. Further claims are excluded. HPS is not liable for the loss or theft of items brought with you. HPS is liable for direct damages for which it is responsible, regardless of the legal grounds for the damages, only to the extent that its intent or gross negligence is proven. Liability for indirect personal, property and financial damage as well as for consequential damage is excluded, insofar as legally permissible. Jurisdiction for both parties is Fulda.
3.5 Participation fee
The contractual partner is liable for the fee, regardless of the performance of third parties. A handing out of the certificate of participation can only be issued upon payment of the participation fee. Unless otherwise mentioned in the seminar information, the learning and work equipment are provided by the company HPS and are included in the seminar fees.
§ 4 Rights
All rights in the documents and results arising from the services shall accrue to the customer. HPS shall not be restricted to use the gained know-how and to render similar consultancy services for other customers of HPS, provided HPS complies with the confidentiality obligations. If HPS provides documents or programs not developed under the contract, the customer may use them only within the framework of the work results under the contract, but not isolated, provided HPS has notified the customer of such deliveries in advance.
§ 5 Confidentiality Obligations
HPS shall keep the customer’s trade and business secrets confidential for an unlimited period of time, as well as all other information obtained by HPS under or in connection with this contract, designated in writing as confidential by the customer. However, HPS shall have no obligation with respect to any information which is already in HPS possession at the time of the execution of the contract, independently developed by HPS, or which is publicly known through no wrongful act of HPS.
Notwithstanding confidentiality obligations, HPS is not obliged to keep confidential any of HPS’s ideas, concepts, know-how or techniques related to pyrotechnical. HPS shall oblige its employees to adhere to the confidentiality obligations. HPS may include the name of the customer and a brief description of the rendered performances in a reference list. All other advertising references to the customer shall be agreed on in advance with the customer.
§ 6 Miscellaneous
The contract and its modifications require written form. The contract shall conform with and be governed by the laws of the Federal Republic of Germany without regard to its choice of law rules. Exclusive venue shall be HPS’s main place of business.
§ 7 Terms of Payments
Unless otherwise agreed, the customer shall remunerate HPS on the basis of costs incurred. Hourly rates, travel expenses and incidental expenses shall be paid in accordance with HPS offer, unless otherwise agreed. HPS may submit invoices on a monthly or quarterly basis. Persons engaged by HPS shall fill out detailed time sheets which HPS shall hand over to the customer if requested. The customer may audit these sheets at any time. In case of fixed prices, travel and incidental expenses shall be reimbursed separately.
Invoices are to be paid according to the agreed terms of payment, all prices are exclusive of the statutory value added tax. If our services are ordered from abroad, the statutory German value added tax does not apply. In case of non-timely performance, HPS is entitled to charge the applicable statutory interest on arrears. All international transfers to us must be made with the OUR instruction. The OUR instruction means that you pay all transfer fees. We will receive your entire payment for the required invoice amount.
HPS Examination GmbH & Co. KG, 01. January 2023