ifa GmbH – Private Institute for Applied Analytical Technology
These General Terms and Conditions (GTC) apply to all services provided by IFA Privates Institut für angewandte Analysentechnik GmbH (hereinafter: "ifa GmbH") to its clients. By placing an order, the client accepts these terms.
These GTC apply to all measurement services, analyses, consulting services and any other services provided by ifa GmbH, unless otherwise agreed in writing in individual cases. Conflicting or deviating terms of the client shall not be recognised unless ifa GmbH expressly agrees to their application in writing.
These GTC apply exclusively in business-to-business transactions with entrepreneurs within the meaning of applicable commercial law.
Offers made by ifa GmbH are non-binding unless expressly designated as binding. A contract is formed upon written or e-mail order confirmation by ifa GmbH. The submission of sample material constitutes a binding order once an order confirmation has been issued.
Changes or extensions to the scope of work require written confirmation by ifa GmbH and may result in adjustments to the delivery time and remuneration.
ifa GmbH provides services in the following areas:
The specific scope of services is in each case set out in the agreed offer or order confirmation.
The client is obliged to provide all information necessary for the execution of the measurements completely and in a timely manner, in particular:
ifa GmbH accepts no liability for damages arising from incomplete or incorrect information provided by the client.
The client is responsible for shipping samples to ifa GmbH. Packaging must be appropriate for the nature of the sample material and must comply with applicable transport and dangerous goods regulations. Damage resulting from inadequate packaging shall be borne by the client.
ifa GmbH shall not be liable for consumption or impairment of sample material to the extent that this is unavoidable for the performance of the commissioned analyses. This applies in particular to the amount of material consumed during the measurement.
If the client wishes the remaining material to be returned, this must be specified at the time of order placement. In the absence of such instruction, the material will be disposed of properly after the retention period.
The typical processing time is approximately two (2) weeks from receipt of the complete sample material and all required order information at the ifa GmbH laboratory. This timeline is non-binding and provided for guidance purposes only.
Binding delivery dates require express written agreement. In cases of force majeure, operational disruptions or other circumstances beyond ifa GmbH's control, the processing time shall be extended accordingly. ifa GmbH will inform the client of any anticipated delays.
Remuneration is based on the applicable offer issued by ifa GmbH. All prices are exclusive of statutory value added tax.
Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed. In the event of late payment, statutory default interest pursuant to § 288 para. 2 of the German Civil Code (BGB) (nine percentage points above the applicable base interest rate) shall apply. In addition, ifa GmbH is entitled to claim a flat-rate compensation for collection costs of EUR 40.00 pursuant to § 288 para. 5 BGB.
Costs for materials, special consumables or third-party services incurred on behalf of the client will be invoiced separately.
ifa GmbH undertakes to:
The confidentiality obligation shall not apply to information that:
The client is in turn obliged not to pass on test reports, measurement results or other documents produced by ifa GmbH to third parties without ifa GmbH's prior written consent. Test reports may only be passed on in their entirety — not in excerpts.
The collection, processing and use of personal data is carried out exclusively within the framework of applicable data protection regulations, in particular the GDPR. For details, please refer to our Privacy Policy.
Repair services carried out on analytical instruments are covered by a warranty period of twelve (12) months from the date of return delivery of the repaired instrument to the client.
The warranty covers the specific repair work performed and the spare parts used therein. The following are excluded:
In the event of a warranty claim, the client is obliged to notify ifa GmbH of the defect in writing without delay. ifa GmbH has the right to remedy the defect; if two attempts at remediation fail, the client may claim a reduction in price or withdraw from the contract. Return shipping costs in warranty cases shall be borne by ifa GmbH, provided the defect is acknowledged.
Software and web development services are covered by a warranty period of twelve (12) months from the date of formal acceptance of the deliverable by the client. Acceptance shall be confirmed in writing; if the client does not refuse acceptance within 14 days of delivery and written notice requesting acceptance, the deliverable shall be deemed accepted.
In the event of a warranty claim, ifa GmbH shall first have the right to remedy the defect (by correction or re-delivery). If two attempts at remediation fail, the client may claim a reduction in price or withdraw from the contract. Defects resulting from modifications made to the deliverable by the client or by third parties engaged by the client are excluded from warranty.
ifa GmbH is liable without limitation for damages arising from injury to life, body or health, and for damages caused by wilful misconduct or gross negligence, in accordance with statutory provisions.
In all other respects, the liability of ifa GmbH is limited to damages that are foreseeable and typical for the type of contract in question. Any further liability is excluded.
In particular, ifa GmbH shall not be liable for damages arising from the use of measurement results by the client for decisions outside the agreed scope of analysis.
Test reports, evaluations and other documents created in connection with measurement orders are protected by copyright. The client receives a simple, non-transferable right of use for the agreed purpose.
The disclosure of reports to third parties — in particular in excerpts or outside the agreed context — requires the prior written consent of ifa GmbH. Test reports may only be passed on in their entirety.
Upon full payment of the agreed remuneration, the client receives a full transfer of all rights to the deliverables created under a development order (software, websites, source code, designs), including the rights to reproduce, distribute, modify and resell. The client becomes the complete and exclusive rights holder of the development result — with no lock-in. Until full payment has been received, all usage rights remain with ifa GmbH.
Excluded from the rights transfer are general development tools, third-party libraries and frameworks that are subject to their own licence terms and that ifa GmbH uses in the course of the project. In respect of such components, the client receives the right to use them within the scope of the applicable third-party licences.
These GTC and all contractual relationships between ifa GmbH and the client are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Ulm, Germany.
Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid clause.
Amendments or additions to these GTC must be made in writing. No oral collateral agreements exist.