General Terms and Conditions

These General Terms and Conditions ('Terms') apply to all contracts between EINS Labor GmbH, Pilotystraße 29, 90408 Nürnberg, Germany (see Imprint for further details), and its clients regarding compliance consulting, safety data sheets, product notifications and laboratory analysis services. They apply exclusively to business customers within the meaning of Section 14 of the German Civil Code (BGB). Any deviating, conflicting or supplementary terms of the client shall not become part of the contract unless EINS Labor GmbH has expressly agreed to them in writing.

Offers made by EINS Labor GmbH are non-binding unless expressly stated otherwise. A contract is only formed once EINS Labor GmbH issues a written order confirmation or begins performing the service. Amendments or additions to an order require text form (e.g. email).

The scope of services results from the respective offer or order confirmation. Services offered by EINS Labor GmbH include, among others, preparation of safety data sheets, support with product notifications (e.g. via the EU-CEG portal) and CLP conformity checks, laboratory analysis, emissions measurements, and ongoing compliance support. Changes to the applicable legal framework may require adjustments to the scope of services, which will be agreed separately.

Prices stated in the offer apply plus statutory value-added tax. Payment terms, in particular due dates and any advance payments, are specified in the offer or order confirmation. If the client defaults on payment, EINS Labor GmbH is entitled to withhold further services until outstanding amounts are settled; otherwise, the statutory provisions on default apply.

The client shall provide all information, documents, samples and data required for the performance of the service in good time and in full, and warrants their accuracy. Delays or additional effort resulting from a breach of this duty to cooperate shall be borne by the client.

Information regarding processing or delivery times is non-binding unless expressly agreed in writing as binding. Delays caused by the client's failure to cooperate in a timely manner shall extend any agreed deadlines accordingly.

The client shall notify EINS Labor GmbH of any obvious defects without undue delay, and in any case within a reasonable period after receipt of the service, in text form. In the case of justified complaints, EINS Labor GmbH is initially entitled to remedy the defect. Otherwise, the statutory warranty provisions apply.

EINS Labor GmbH is liable without limitation in cases of intent, gross negligence, and injury to life, body or health. In the case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract; otherwise, liability for slight negligence is excluded. EINS Labor GmbH is not liable for decisions made by third parties, in particular authorities or portal operators (e.g. the EU-CEG portal), which are beyond its sphere of influence.

Both parties undertake to treat confidential information, in particular formulations, product data and trade secrets of the other party, as confidential and to use it only for the purpose of performing the contract. For the handling of personal data, please refer to the Privacy Policy.

The client receives a simple, non-transferable right of use to reports, safety data sheets and other documents prepared under the engagement for its own purposes, including submission to authorities. Any further disclosure or publication requires the prior consent of EINS Labor GmbH.

For ongoing support services ('Dauerbetreuung'), the term and termination options agreed in the respective offer or contract apply. In the absence of individual arrangements, either party may terminate the contract with reasonable notice to the end of a month in text form. The right to extraordinary termination for good cause remains unaffected.

Events of force majeure and other unforeseeable circumstances beyond the reasonable control of EINS Labor GmbH (e.g. natural events, pandemics, official orders, failures of upstream suppliers or laboratories) release the affected party from its performance obligations for the duration and to the extent of their impact.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the place of jurisdiction for all disputes arising from or in connection with this contract shall be Nuremberg, Germany.

Amendments and additions to these Terms and to the respective contract require text form; this also applies to any waiver of this text-form requirement. Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The client may only transfer rights and obligations under the contract to third parties with the prior written consent of EINS Labor GmbH.