"Calibrating measuring devices is our competence"
Terms of Service General
Tterms and conditions of KSW Kalibrierservice GmbH (KSW) January 01, 2021
The following general terms and conditions are part of all of our delivery, consulting, work and service contracts. By accepting these terms and conditions without objection, at the latest, however, upon receipt of our service, the customer agrees to the validity of these terms and conditions, including for any consequential damage. We only recognize deviating general terms and conditions of the client if we have agreed to them in writing prior to the conclusion of the transaction.
2. Offers, prices and terms of payment
Our offers remain valid for a period of 3 months. The execution times specified in the offers only apply to a specified date or only if an order is placed within 2 weeks of the offer being submitted. The prices do not include packaging and shipping, plus statutory VAT. The invoice amounts are due without deduction within 14 days after the invoice has been issued. In the event of default in payment, we reserve the right to charge default interest at the usual bank rate for overdrafts.
3. Execution time, default
Confirmed delivery and execution times begin with the receipt of our written order confirmation or with the delivery of the items to be calibrated to KSW within 14 days of the preparation of the offer. Follow-up orders are to be re-timed in each case. In the event of delay in delivery or execution or non-delivery for which we are responsible, the customer has the right to withdraw from the contract, excluding further claims, provided that he has informed us in writing of the imminent exercise of this right before the start of the execution of the order.
4. Provision of services, liability
The execution of our services is solely the responsibility of KSW. The client has no right to give instructions to our employees. The information given to us for the execution of the order and the documents, drawings, samples, tools, workpieces etc. made available to us remain the property of the client and are treated confidentially by KSW, not made available to third parties and only used for the agreed purpose. At the request of the client, they will be returned after the order has been completed.
Calibration can be:
Factory calibration / in-house calibration (ISO calibration) According to document DAkkS-DKD-4 “Traceability of measuring and test equipment to national standards” 1. New edition 2010. “
Point 6.4.2 The type and scope of the metrological control for an in-house calibration are left to the company concerned. They must be adapted to the special applications so that the results obtained with the measuring and test equipment are sufficiently accurate and reliable Accreditation of the organization that carries out in-house calibrations is not required to meet the requirements of the EN ISO 9000 series of standards applied to in-house matters. However, if an external body uses an in-house calibration certificate as proof of traceability, the issuing organization should be required to demonstrate its competence can prove. “
Unless expressly agreed otherwise, the fulfillment of the after Point 6.4.2 is our standard offer.
DAkkS calibrations (old DKD calibrations) or accredited calibration:
This type of calibration is required as proof of metrological traceability for: testing and calibration laboratories, medical laboratories, inspection bodies, manufacturers of reference materials and, if applicable, providers of proficiency tests and bodies that operate product certification systems.
The requirements for calibration certificates are specified for DAkkS-accredited calibration laboratories in the document DAkkS-DKD-5.
This type of calibration is only possible for our scope of accreditation and must be expressly agreed.
The result of a calibration can also be the non-conformity with the specifications or the requirements for the calibration item formulated by the customer. Since a negative measurement result also requires the same measurement effort as the confirmation of conformity, we also invoice this service provided by us.
The results of the calibrations are made available to the client and archived at KSW for 10 years. Data from our suppliers and clients are stored in IT systems as long as this is necessary for the economic processing of business transactions. The services are carried out to the best of our knowledge and belief in accordance with the recognized rules of technology. In the event of any complaints, we must be informed immediately in writing. All test results are subject to a measurement uncertainty associated with the respective calibration process. KSW is only liable within the scope of the existing company liability insurance for personal, property and financial damage caused by its fault. In particular, KSW is only liable to the client to the extent that the existing KSW company liability insurance pays compensation. We confirm that you have taken out the following public liability insurances: Amounts insured: 2,000,000 euros for personal injury, 1,000,000 euros for property damage and 100,000 euros for financial loss. The client cannot assert any claims for compensation beyond the claims granted to him in these provisions, in particular no claims for damages, not even from non-contractual acts or other rights due to any disadvantages associated with the work to be carried out, regardless of the legal reason appeals. The devices calibrated in the KSW laboratory will be sent to the customer on his account. The risk of accidental loss or accidental deterioration is transferred to the customer at the latest with the dispatch, even if KSW has assumed the shipping costs. At the request of the customer, the shipment will be insured against theft, breakage, transport, fire and water damage as well as other insurable risks at his own expense.
5. Place of performance
The place of performance for services and payments is Berlin.
6. Place of jurisdiction
The place of jurisdiction is Berlin.
7. Applicable Law
The law of the Federal Republic of Germany.