Terms and conditions – testing laboratory, inspection body and NDT competence centre
W.S. Werkstoff Service GmbH (hereinafter referred to as W.S.) is an accredited testing laboratory (ISO/IEC 17025), an accredited inspection body (ISO/IEC 17020, Type C) and an NDT competence centre (DIN 27201-7) for the railway industry sector. The following general terms and conditions apply to our services in these business areas.
1.) Impartiality and confidentiality
The shareholders, management and employees of W.S. Werkstoff Service GmbH undertake to act impartially, maintain confidentiality and keep confidential the information and data of customers and other interested parties.
2.) Services provided by W.S. Werkstoff Service GmbH
Unless otherwise agreed in writing, all services provided by W.S. are governed exclusively by the following provisions. Deviating terms are binding only if confirmed in writing by an authorised signatory of W.S.
W.S. carries out the work on its own responsibility, using its own specialists who meet the respective requirements and its own equipment. In individual cases, testing by other accredited subcontractors may be incorporated into the testing or inspection.
W.S. carries out testing and inspections in accordance with relevant product and process standards or specifications and internal rules. Damage analyses are based on VDI Guideline 3822. On completion of the order, the client receives a test record, test report, inspection report or inspection certificate, depending on the type of order.
3.) Overtime, additional work and shift allowances
If overtime or work on weekends or public holidays becomes necessary for testing or inspection activities, the following rules apply:
• Normal working hours are Monday to Friday between 06:00 and 17:00. Working hours or shifts outside these hours are charged as follows:
• Additional work (up to 8 hours)
• On Saturdays……………………………………………………………………..…….50% (per hour)
• On Sundays…………………………………………………………………….….…..70% (per hour)
• On public holidays………………………………………………………………....…..100% (per hour)
• On special public holidays (Easter, May Day, Whitsun, Christmas)..……150% (per hour)
• Overtime:
• For the first and second hour of overtime........................................................25% (per hour)
• For shift work:
• From 17:00 to 22:00………………………………………………….....…… 20% (per hour)
• From 22:00 to 06:00……………………………………………..……...…… 25% (per hour)
Processing within 24–36 hours (except damage analyses)
4.) Travel expenses
Travel expenses for testing and inspection activities are charged according to the actual costs incurred, as specified in the quotation/order.
5.) Services to be provided by the client
Items submitted for testing or inspection must be in a condition that permits objective testing or inspection. Where the client supplies items for testing or inspection, the client is responsible for their correct and representative selection and sampling.
Delivery and collection dates and the processing time for each individual order must be agreed with W.S. before inspection work begins.
Transport for delivery and collection of items for testing or inspection is carried out or arranged by the client. The associated costs remain the responsibility of the client. W.S. is not liable for transport damage.
6.) Obligations of W.S.
W.S. is obliged to comply with the project-specific provisions and agreements insofar as these have been made available to W.S. W.S. is released from liability for the correctness and suitability of these provisions and agreements.
W.S. permits clients to attend their own tests or inspections unless occupational health and safety considerations or the protection of other customers’ information preclude this.
7.) Obligations of the client
The client undertakes to make available all facts, documents, procedures and processes necessary for the successful performance of testing or inspection. The client is responsible for the completeness and accuracy of the information provided.
Where inspection services require work at the client’s premises, the client undertakes to make all necessary arrangements for inspection of its operation, including access to all areas and personnel for evaluation purposes. The client shall provide W.S. inspectors with access to all information required for the inspection.
8.) Measurement uncertainty and conformity assessments
Unless otherwise agreed, and where no statements of conformity are to be made, W.S. does not state measurement uncertainty in test reports.
Unless otherwise specified by the client or by a standard, the decision rule for conformity assessments is based on the measured value and its associated expanded measurement uncertainty in conjunction with DIN EN ISO 14253-1, Section 6.1.
9.) Deadlines
Deadlines stated by W.S. for completion of the order (delivery dates) are non-binding unless W.S. has expressly promised or agreed that they are binding.
Where a period for delivery of the contractual service has been agreed, that period begins upon conclusion of the order, delivery of the items to be examined and clarification of all technical details.
If W.S. requires documents from the client to provide the service, or if an advance payment has been agreed, the period begins only after W.S. has received all documents or the advance payment.
10.) Warranty
W.S. undertakes to perform the assigned services professionally and within the agreed time, in accordance with the recognised state of the art at the time the order is placed. The warranty period is 6 months from acceptance of the services.
All services provided by W.S. must be accepted by the client without delay. If the client does not reject the service in writing, stating the precise reasons, within 14 days of its performance or notification that it is ready for acceptance, acceptance is deemed to have been declared. W.S. will remedy minor defects without delay at its own expense. Rejection is not possible in such cases.
If, during the warranty period, the testing or inspection services are found to be incomplete or defective and W.S. is responsible, W.S. is obliged and exclusively entitled to complete or rectify the necessary services free of charge within a reasonable period.
Defects caused or brought about by the client or third parties, and consequential losses arising from warranty defects, are excluded from the warranty.
The results contained in test or inspection reports constitute an objective assessment of the item examined by W.S. at the time of testing or inspection and are not to be regarded as a warranty or guarantee of the quality, classification or usability of materials, products or processes of the same type.
11.) Rules for cooperation between W.S. and suppliers
W.S. will specify the requested products and services completely and unambiguously, including the acceptance criteria for those products and services.
By submitting its quotation or accepting the order, the supplier confirms that it is able to deliver the requested products or services and has the technical and personnel resources to do so, in particular the appropriate competence, including the necessary qualifications of its personnel.
12.) Liability and insurance cover
To cover any claims for damages that may arise during performance of an order, W.S. provides the following cover under its liability insurance: a) a combined limit of €3,000,000.00 for personal injury and property damage, and b) for damage caused in the course of performing work: not specified.
If and insofar as claims for damages are not included in or covered by the insurance, W.S.’s liability is limited to the value of the order. Claims for damages arising from intentional or grossly negligent conduct are exempt from this limitation of liability.
Any further liability, in particular for indirect losses such as loss of production and loss of profit, is excluded. W.S. is not liable for errors arising from the client’s overall technical supervision.
Claims for damages against W.S. are excluded, irrespective of the nature of the breach of duty, including tortious acts, unless there is intentional or grossly negligent conduct.
The limitations and exclusions of liability in the preceding paragraph do not apply to claims arising from fraudulent conduct by W.S., liability for guaranteed characteristics, claims under the German Product Liability Act, or damage resulting from injury to life, body or health.
Insofar as W.S.’s liability is excluded or limited, this applies to the same extent to the benefit of its governing bodies, legal representatives, employees and other persons employed in performing its obligations.
13.) Retention periods
Unless otherwise agreed with the client, sample material is generally retained for 3 months, beginning upon completion of the examinations and dispatch of the test report/inspection report.
Different retention periods may arise from statutory provisions or where the sample material constitutes evidence.
Unless otherwise agreed with the client, records are normally retained for 10 years. Different retention periods may arise from statutory provisions.
14.) Confidentiality and proprietary rights
W.S. will ensure that the tasks handled by its personnel and all information, business transactions and documents that become known in the course of the work remain confidential. This obligation continues after termination of this contract. W.S. will impose appropriate obligations on its personnel.
All work results directly produced by W.S. are created for the client and are the unrestricted property of the client.
15.) Data protection
When collecting, processing and using data, W.S. complies with the German Federal Data Protection Act and the GDPR. W.S. uses and processes personal data exclusively for its own purposes unless statutory obligations require otherwise.
16.) Final provisions
If performance of testing or inspection orders becomes impossible, for example due to technical defects or other circumstances for which W.S. is not responsible, W.S. is released from its delivery obligation even where an individual order has been confirmed.
Claims against W.S. arising from services that go beyond the above general terms and conditions are excluded.
Irrespective of their legal basis, claims against W.S. that are not directed at the contractual service are also limited to the value of the respective order.
The contractual relationship is governed by German law. The place of performance and jurisdiction is Essen.
17.) Terms and conditions as part of the contract
The general terms and conditions of W.S. Werkstoff Service GmbH apply in principle to all contracts concluded with customers.
18.) Severability clause
If any provision of these general terms and conditions is or becomes invalid or unenforceable, this does not affect the validity of the remaining provisions.
The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
Version dated 16 April 2021 | These terms and conditions as a PDF
Terms and conditions – continuing education and qualification
W.S. Werkstoff Service GmbH is a certified and approved training provider for qualifications in materials, materials testing, non-destructive testing, heat treatment and materials engineering. The following general terms and conditions apply to our continuing education courses and qualification programmes:
1) General
The following general terms and conditions apply to the continuing education activities of W.S. Werkstoff Service GmbH. By ordering or booking a course, or registering for continuing education or a qualification programme, the client or purchaser accepts our general terms and conditions.
2) Registration
The number of participants in our courses is limited. Admission is on a first-come, first-served basis and subject to fulfilment of the admission requirements. Registration does not create an entitlement to participate in a course. We do not guarantee participation in continuing education for anyone arriving without having registered.
3) Contractual relationship
Registrations must be made in writing by letter, fax, email or via the online registration portals of W.S. Werkstoff Service GmbH. Registration becomes binding once we issue written confirmation of the order.
4) Terms of payment
Course and examination fees are calculated on the basis of the prices stated in our course catalogues and are due upon receipt of the invoice. If payment is late or incomplete, we are entitled to refuse participation in individual events. In this case, the contractual relationship and the obligation to pay the fee remain in effect. This does not affect the right of W.S. Werkstoff Service GmbH to withdraw from the contract.
5) Cancellation
Cancellations of participation in events (continuing education, seminars or examinations) must be made in writing. The following conditions apply:
- Cancellations must be made in writing
- Cancellation is possible free of charge up to two weeks before the course starts. After that, 100% of the course fee and the full examination fee will be charged.
No cancellation fees apply if, no later than two weeks before the course starts, we are notified of a substitute participant who meets the necessary technical and other course requirements. This substitute participant must be registered separately. The right to terminate the contractual relationship for good cause remains unaffected.
If we cancel an event, the participant incurs no costs. Fees already paid will be refunded. The participant will be informed without delay of the cancellation and of an alternative date. Any further claims by the person registering, particularly claims for damages, are excluded.
6) Qualification examination
Examinations are conducted by specially authorised, independent personnel (examiners). The examiners assess examinations according to objective rules and decide on the examination result. We do not guarantee that participants will pass the examination.
An examination that has not been passed may be retaken no earlier than one month and no later than two years afterwards. An earlier examination date is possible provided additional tuition has been undertaken. If a participant is excluded from an examination for unethical conduct, the examination may only be retaken after one year. Examination fees are payable again for every resit.
Before the examination begins, the examiners verify participants’ identities by checking photographic identification. A participant who cannot prove their identity cannot be admitted to the examination.
7) Participants’ obligations
At the beginning of a course, we instruct participants on the safety regulations and house rules of W.S. Werkstoff Service GmbH. Participants may be excluded from the course if they breach these rules. Course and examination fees will not be refunded in such a case.
Where courses involve practical manual activities, participants are obliged to bring and wear the necessary protective equipment (safety shoes, safety glasses and a protective coat).
8) Copyright
Training materials are our intellectual property or that of companies/instructors with whom we have contractual arrangements. These materials are intended exclusively for training and may not be reproduced, distributed or communicated to the public without our express written permission or that of the relevant companies/instructors.
9) Data protection
Personal data is required to issue certificates of attendance, proof of qualification and certificates. This data is submitted to us when participants register for our events and is processed solely for the relevant purpose and in accordance with applicable data protection requirements.
10) Liability
Claims for damages against us are excluded unless they arise from intent or gross negligence on our part. Claims for damages, irrespective of their legal nature, are limited to the contractual fee. Liability for consequential damage is excluded.
11) Severability
If individual provisions of these general terms and conditions are or become wholly or partially invalid, the remaining provisions remain unaffected. To the extent permitted by law, the contracting parties agree that the place of jurisdiction is 45327 Essen. Unless otherwise agreed, the language of the contract is German.
Version dated 8 January 2020 | These terms and conditions as a PDF