General terms and conditions

As of January 2024

1.1 The following terms and conditions apply to all business relationships between LGA Institut für Umweltgeologie und Altlasten GmbH (hereinafter referred to as "LGA") and its clients.
1.2 Any general terms and conditions of the customer shall only become part of the contract if LGA expressly recognises them in writing.
1.3 Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) and information in our order confirmation shall take precedence over these General Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

2.1 All offers made by LGA are non-binding, unless otherwise agreed.
2.2 The binding offer period is 3 months from the preparation of the offer, unless another period has been agreed in writing.
2.3 The contract shall be concluded by the signing of LGA's offer letter or a separate contractual document by both contracting parties or by LGA's performance of the services requested by the client. If the client commissions the LGA without a prior offer from the LGA (offer), the LGA shall be entitled, at its sole discretion, to accept the order by means of a written declaration of acceptance (including by electronic means) or by providing the commissioned services.
2.4 If planning documents and bills of quantities for the client's project are prepared by LGA for the tendering process, these documents may only be used by the client, in particular to obtain comparative offers or for self-execution or for similar projects, with the prior written consent of LGA. In the event of breaches of the above obligation to obtain consent, LGA shall be entitled to compensation for the expenses incurred if the order in question does not materialise. The LGA reserves the right to claim further damages. In this context, reference is made to § 7 of the GTC.

3.1 LGA undertakes to properly execute the order placed with it in accordance with the generally recognised rules of technology and in compliance with LGA's certified quality management system.
3.2 The LGA provides its services impartially, free from conflicts of interest, bias and prejudice in accordance with its corporate mission statement.
3.3 LGA shall generally provide its services using its own specialised personnel. However, it is also authorised to have its services performed by suitably qualified subcontractors. Even in this case, LGA shall remain the sole contractual partner of the client.

4.1 The documents required for proper order processing (e.g. site plans) must be made available to LGA by the client in good time and free of charge. The client shall be responsible for the completeness and accuracy of these documents.
4.2 Permission to enter properties and buildings to be inspected and to use non-public access roads must be obtained by the client in good time and without being requested.
4.3 The location of cables, supply and disposal lines and other underground installations must either be specified in writing by the client in good time before the start of the work (e.g. on the basis of section plans) and must be binding, or the location of public utility lines (gas, electricity, post, lighting, water, waste water) can be determined by LGA on request. The costs for this will be charged to the client on proof at the unit prices or hourly rates agreed in the order. If no or incorrect or incomplete information is provided, LGA shall not be liable for any damage to underground facilities in this respect, including consequential damage. This also applies to installations in buildings (e.g. underfloor heating).
4.4 The client is responsible for ensuring that the site to be examined does not contain any old war remnants (especially munitions, unexploded ordnance). Any research and investigations in this regard shall be at the expense of the client. The costs for this shall be charged to the client on proof at the unit prices or hourly rates agreed in the order.
4.5 The procurement of excavation permits on public land is the responsibility of the client, as is the conclusion of licence agreements with the public authorities; LGA will provide this service on request. The costs for this shall be charged to the client on presentation of proof at the unit prices or hourly rates agreed in the order.
4.6 The disposal of contaminated and uncontaminated materials is the responsibility of the client.

5.1 The LGA shall treat all information received from the client during its work as confidential. It shall only provide the client or a person authorised by the client in writing with knowledge gained during the execution of the order.

6.1 For any laboratory analyses included in the order, LGA shall generally involve the accredited laboratory CLG Chemisches Labor Dr. Graser, Schonungen. Furthermore, LGA reserves the right to involve other service providers for partial services without requiring separate authorisation from the client.
6.2 Sample material obtained by the LGA and sample material delivered by the client shall, insofar as residual quantities are available, generally be retained as retained samples for 6 weeks for further analyses and only then disposed of. A retention period beyond this period can be specified in the order with the client.

7.1 LGA reserves the property rights and copyrights to all documents provided to the client in connection with the order, including in electronic form, such as reports, expert opinions, planning and implementation documents, calculations, etc. LGA reserves the right of ownership and copyright.
7.2 LGA shall retain title to the expert report until all claims arising from the contractual relationship have been paid in full.
7.3 The publication and use of the test results and reports is only permitted in the unabridged original wording and in the original design. Modified representations that go beyond a mere change in scale require the approval of the LGA in each individual case.
7.4 We will be pleased to inform you of the results of field and laboratory tests in advance by telephone or fax/e-mail.
7.5 Documents issued by LGA to the client as an advance copy (e.g. by e-mail or fax) are not legally valid. Only documents and reports signed in the original and verifiably deposited digital signatures are legally valid.

8.1 If the service provided is defective or if LGA commits any other breach of duty, the customer shall grant LGA a reasonable period for performance or subsequent fulfilment (rectification of defects or replacement delivery). The customer shall only be entitled to further rights after the unsuccessful expiry of the deadline.

9.1 The parties assume that the services of the LGA are generally not subject to acceptance and that the completion of the work shall therefore take the place of acceptance.
9.2 Should acceptance be required in individual cases, this shall be deemed to have taken place 14 days after completion and handover of the work, unless the client expressly refuses acceptance within this period.

10.1 LGA's liability for damages and expenses caused by LGA employees is limited to a maximum of the amounts covered by LGA's public liability insurance (EUR 3.0 million for personal injury, EUR 2.0 million for other damage (property damage and financial loss), sublimit for asbestos damage EUR 1.0 million), irrespective of the legal grounds, in particular in the event of breach of duties arising from the contractual obligation and from unauthorised acts.
10.2 This limitation of liability pursuant to clause 10.1 shall not apply if damage is due to wilful or grossly negligent behaviour or fraudulent intent on the part of LGA or its vicarious agents, or for damage resulting from injury to life, limb or health.
10.3 In the event of a breach of a cardinal obligation, LGA shall also be liable for slight negligence. Cardinal obligations in this sense are essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the client may rely. In the event of a breach of a cardinal obligation, a claim for damages shall be limited in amount to the damage that was typical and foreseeable as a possible consequence of the breach of contract at the time of the breach of duty (typically foreseeable damage), unless one of the cases specified in section 10.2 applies.
10.4 The LGA shall not be liable for any labour provided by the customer to support the services to be provided by the LGA under this contract. The client shall indemnify the LGA against any third-party claims for services provided by such labour.
10.5 The limitation period for claims for damages shall be governed by the statutory provisions.

11.1 If the scope of services is not specified in writing when the order is placed, invoicing shall be on a time and material basis. If no fee has been agreed in writing, invoicing shall be based on the LGA prices valid at the time the service is provided (price/performance ratio).
11.2 Unless otherwise agreed, the services shall be invoiced according to the progress of performance.
11.3 Work carried out on Saturdays or Sundays at the request of the Client shall be charged and remunerated with a surcharge of 50% (Saturday) or 100% (Sunday and public holiday) of the quoted costs on the services provided. A surcharge of 100% will be levied for night work (22:00 - 6:00).
11.4 If, due to the unforeseen occurrence of highly contaminated media, increased personal or technical occupational safety is required (e.g. work under partial or full protection), aggravation surcharges ("protection level surcharges") will be charged for this work in accordance with the price/service catalogue for the relevant partial work.
11.5 All invoice amounts are due for payment immediately without deduction upon receipt of the invoice. Discounts shall not be granted.
11.6 Payments shall be made to the bank account of LGA indicated on the invoice, quoting the invoice and order number. Bank charges for payments in foreign currency shall be borne by the customer.
11.7 In the event of default, LGA shall be entitled to charge interest at a rate of 9 % above the base rate of the Deutsche Bundesbank. At the same time, LGA reserves the right to claim further damages.
11.8 If the customer is in arrears with the payment of the invoice despite a reasonable grace period, LGA may withdraw from the contract, claim damages for non-performance and refuse to continue performing the contractual services.
11.9 The provisions in clauses 11.7 and 11.8 shall also apply in the event of dishonour of cheques, suspension of payments, opening of insolvency proceedings against the client or refusal to open insolvency proceedings due to lack of assets.
11.10 Complaints about LGA's invoices must be made in writing within 2 weeks of receipt of the invoice.
11.11 The LGA shall be entitled to demand a reasonable advance on costs or to demand instalment payments in accordance with the progress of the service provision.
11.12 Only legally established or undisputed claims may be offset against claims of LGA.

12.1 Amendments and supplements must be made in writing to be legally effective; this also applies to amendments and supplements to this written form requirement itself.
12.2 Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other agreements.
12.3 The place of jurisdiction for all disputes shall be the registered office of LGA, insofar as legally permissible.
12.4 These Terms and Conditions and all legal relations between LGA and the customer shall be governed by German law.