Terms and Conditions

1. General

The following General Terms and Conditions of OILTESCO GmbH apply to the agreed services, including consulting services, information, deliveries and the like, as well as to ancillary services rendered or contractually agreed ancillary obligations.

General terms and conditions of other parties shall not become part of the contract even if OILTESCO does not expressly object to them, and in particular shall not be tacitly recognized. Deviating telephone and verbal agreements are only binding if they are confirmed in writing by OILTESCO. All amendments and additions to the contract, including this written form clause, must be made in writing to be valid.

Should a provision or part of a provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. In the event that a provision is invalid, OILTESCO is entitled to replace the invalid provision with a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision.

2. Conclusion of contract

1. A contract becomes effective when we confirm your order in writing, by e-mail, fax, post or telephone or accept it by delivering the goods or performing the service.

3. Offers

1. The offers of OILTESCO are subject to change and non-binding until the final conclusion of the contract, in particular with regard to execution, prices and delivery periods, unless they are expressly designated as “binding”.

4. Scope of services and deadlines

1. The scope of performance shall be determined by a declaration signed by both parties. If this is not available, the written order confirmation from OILTESCO shall apply.
   
   
2. OILTESCO shall only be liable for performance specifications and declarations of its employees and vicarious agents if these have been expressly designated as binding by OILTESCO.
   
   
3. The contractually agreed performance deadlines are estimates and are only binding if they are expressly specified as binding in writing and only begin when the contractual partner of OILTESCO has fulfilled the cooperation actions to be provided in advance (see 5.).
   
   
   

5. Cooperation

1. The contractual partner of OILTESCO shall ensure that all necessary acts of cooperation – also on the part of its vicarious agents – are carried out on time and free of charge for OILTESCO.
   
   
2. The contractual partner shall bear any additional expenses incurred as a result of work having to be repeated or delayed due to late, incorrect or incomplete information for which the contractual partner is responsible. Even if a fixed price has been agreed, OILTESCO is entitled to charge for these additional expenses.
   
   
   

6. Warranty and liability

1. Defects must be reported to OILTESCO immediately in writing.
   
   
2. OILTESCO shall not be liable for damages caused by incorrect information provided by the customer.
   
   
3. The contractual partner can only demand free rectification of the defective service as a warranty. If this fails, the contractual partner may demand rescission of the contract (conversion) or a reduction of the remuneration (reduction).
   
   
4. Further claims of the contractual partner, in particular liability for consequential damages, are excluded, unless the damage was caused by gross negligence or results directly from the breach of a so-called “cardinal obligation” in accordance with this contract.
   
   
5. The limitations of liability of OILTESCO apply equally in favor of its employees and executives.
   
   
6. The liability of OILTESCO is limited to a maximum amount of € 250,- for all damages of an order. Liability towards engineers and registered traders is also limited in type and scope to such damages that were foreseeable for them at the time the contract was concluded.
   
   
   

7. Terms of payment

1. In addition to all prices and fees, the value added tax applicable at the time of invoicing shall be charged.
   
   
2. All payments are to be made immediately when due. Discounts are not granted.
   
   
3. Objections to the invoice must be notified to OILTESCO in writing within a period of 10 calendar days.
   
   
4. No reimbursement will be granted for services not utilized.
   
   
5. Only legally established or undisputed counterclaims may be offset against claims of OILTESCO.
   
   
6. If the contractual partner of OILTESCO is in default of payment, he shall owe OILTESCO, subject to further claims for damages, a lump-sum compensation amounting to 0.5% of the invoice amount per week, up to a maximum of 33% of the invoice amount, without proof of the amount and origin of the damage being required.
   
   
   

8. Assignment

1. Rights and obligations arising from a contract between OILTESCO and the contractual partner may only be transferred or assigned in whole or in part by one contractual party with the prior written consent of the other contractual party. Consent may be refused without the need to state reasons for the refusal.

9. Retention of title

1. Items delivered by OILTESCO remain the property of OILTESCO in accordance with the following clauses 9.2 – 9.4. Clauses 9.2 and 9.3 expressly differentiate whether the contractual partner of OILTESCO is a consumer or a company.
   
   
2. If the contractual partner of OILTESCO is a consumer, clause 9.3 shall not apply. An item delivered by OILTESCO then remains the property of OILTESCO until the specific item has been paid in full to OILTESCO.
   
   
3. If the contractual partner of OILTESCO is a company, clause 9.2 does not apply. An item delivered by OILTESCO then remains the property of OILTESCO until all claims to which OILTESCO is entitled from the business relationship with the contractual partner and which are due have been paid in full.
   
   
4. The following applies to both consumers and companies: Until the transfer of ownership to the respective contractual partner, the latter may use a delivered item in accordance with its specific functional purpose, but under no circumstances may it be permanently passed on, transferred or processed to third parties. The contractual partner must always treat the item with care.
   
   
   

10. Copyrights and publications

1. All copyrights to the test results, assessments and calculations prepared by OILTESCO shall remain with OILTESCO.
   
   
2. The contractual partner may only use the test results, assessments and calculations prepared by OILTESCO for the contractually agreed purpose.
   
   
3. The forwarding of analysis results and comments to laboratories that are in competition with OILTESCO is prohibited. The transmission of determined values to an external laboratory requires the written consent of OILTESCO. However, individual laboratory reports may be passed on to third parties as printouts or PDF files without the consent of OILTESCO.
   
   
   

11. Place of jurisdiction, place of performance, applicable law

1. To the extent permitted by law, the registered office of OILTESCO GmbH in Unterwössen shall be the agreed place of jurisdiction between the parties.
   
   
2. The registered office of OILTESCO GmbH in Unterwössen shall be the place of performance for all rights and obligations arising from the contract.
   
   
3. The relations between the contracting parties shall be governed exclusively by German law to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.

12. Cancellation policy

1. If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed activity when concluding the contract, there is no right of withdrawal. The following applies to consumers:
   
   
   

13. Right of withdrawal

1. You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or – if the goods are handed over to you before the expiry of the deadline – by returning the goods.
   
   
2. The revocation period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation is to be sent to:
   
   OILTESCO GmbH
   Niederfeldweg 26
   83246 Unterwössen.

14. Consequences of revocation

1. In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered.
   
   
2. If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.