GENERAL
Unless otherwise agreed in writing, all offers or services and all resulting contractual relationship(s) between BAKIT e.K. (Further BAKIT), represented by Dimitri Ivanov and registered in registration court in Munich with the Reg-No: HRA 102900 in the address Toelzer Str. 4c, 81379 Munich, Germany and any person applying for certification services (named below as “Client”) shall be governed by these General Terms and Conditions.
These General Terms and Conditions, and, as applicable, the Proposal, constitute the entire agreement (the “Contract”) between the Client and BAKIT with respect to the subject matter hereof. No variation to the Contract shall be valid unless it is agreed in writing and signed by or on behalf of the Client and BAKIT.
BAKIT will provide the Services using reasonable care and skill in accordance with the requirements and instructions of the Client.
DEFINITIONS
“Accreditation Body” means any organisation (whether public or private) having the authorization to appoint Certification Bodies;
“Certificate“ means the Certificate issued by a competent Certification Body;
“Certification Body” means any company or authority having the authorization to issue Certificates;
“Proposal” means the outline of services to be rendered to the Client by BAKIT.
“Norms and Regulations” – means the translated norms and regulations in electronic PDF format (digital content) or as printed documents, which can be ordered online at Tech-shop by BAKIT – http://shop.trcu.net (further Tech-shop), by phone or fax.
“Seminars”, “E-learning” – courses related to specific topics, which can be ordered online at Tech-shop by BAKIT , by phone or fax.
SERVICES
These General Terms and Conditions include but are not limited to, the following services (named below as “Services”).
- Certification services: quality, environmental, safety, health and other management system certification in accordance with international and/ or national standards.
- Consulting in the field of certification of goods, services and systems common in the Russian Federation and other GUS-countries and in the field of certification according to acknowledged, but not legally required standards, specifications or technical regulations.
- Services to obtain certificates and official approvals in the Russian Federation and other CIS-countries (including but not limited to TR, GOST R, Rostechnadzor, certificate of hygiene, certificate of fire safety).
- Translation service of documents related to certification, permits and others into Russian language provision of accredited copies.
- Completed translations of norms and regulations
- Seminars and E-learning courses
PLACEMENT OF ORDER AND TERMINATION OF THE CONTRACT
The Client submits a request to provide a Proposal to BAKIT via webpage (trcu.eu or shop.bakit.eu), via E-mail, phone or fax. BAKIT provides a Proposal, which is based on the received request and in accordance with submitted Client requirements. The Proposal is provided under German law; however it considers law of the respective country as applicable for the respective Service or parts of hereto. The Proposal is not binding and expires 30 calendar days after it is issued, if no other validity period is stated in the Proposal. The contract is concluded when the Client confirms acceptance of the Proposal in writing.
If changes in applicable laws, rules and regulations become known, BAKIT may withdraw the submitted Proposal and provide a new Proposal considering such changes. This also applies (accordingly) to concluded contracts.
On completion of the Service, BAKIT will prepare and submit to the Client the agreed number of copies of the Certificates.
Client acknowledges that BAKIT, either by entering into the Contract or by providing the Services, neither takes the place of Client or any third party, nor releases them from any of their obligations, nor otherwise assumes, abrogates, abridges, or undertakes to discharge any duty of Client to any third party or that of any third party to Client.
BAKIT may delegate the performance of all or part of the Services to an agent or a subcontractor and Client authorizes BAKIT to disclose all information necessary for such performance to the agent or subcontractor.
ORDERING RULES, REGULATIONS, SEMINARS AND E-LEARNING IN TECH SHOP
An interesting product or an interesting digital content can be selected by clicking on the product and then by clicking on a selection buttons. The goods or the digital content is then added to the cart. The contents of the cart can be viewed at any time by clicking on the icon image for the shopping cart. The number of selected goods and digital content can be always changed by entering the desired quantity and click “Update Cart” button, the selected service or a product or a digital content will be removed from the shopping cart by clicking the Delete button. For ordering the goods or digital content in cart Client shall first click the button “Checkout”. The ordering process can be interrupted at any time by closing the browser window. After entering the billing address and the way of payment it is still possible, to double check your data and, if necessary, go back to the previous steps on one page for changes.
By clicking the “Order now” – or “Buy” button, Client declares a binding agreement against BAKIT to purchase the goods and / or the digital content. Available after placing the order Client will receive a confirmation e-mail. A contract is closed:
– for Digital Content and E-learning – immediately after payment, the assumption is done by making them available for online retrieval (via download or online use) directly after the completion of the order process
– for Seminars – at the specified date, after BAKIT’s confirmation of appointment
The contract text is stored at our site. The order content, your given approval and confirmation of the purchase of digital content will be sent after the completion of the ordering process with the confirmation by e-mail. Please save this e-mail. Registered clients can view the content of the order in the Client’s area of Tech-shops. The current Conditions of Tech-shop can be downloaded and printed from our website.
Provision of Digital content:
Delivery of digital content to be provided to the customer upon sending of the form of a PDF via the link for download in the e-mail and in the account in Tech-shop. Please note that the validity of the links is limited by period or date stated in the confirmation mail. After the stated period it expires.
OBLIGATIONS OF THE CLIENT
The Client shall ensure that all necessary product samples, access, assistance, information, records, documentation in the required language and facilities are available to BAKIT when required, including the assistance of authorized, properly qualified and briefed personnel of the Client as well as the qualified examination of drafts of BAKIT.
So far as it is permitted by law, the Client acknowledges that, it has not been induced to enter into the Contract in reliance upon, nor has it been given, any statement, warranty, representation, assurance, undertaking covenant, agreement, indemnity or commitment of any nature whatsoever other than as are expressly set out in these General Terms and Conditions and, to the extent that it has been it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto. Any conditions or stipulations included in the Client standard form documents which are inconsistent with, or which purport to modify or add to, these General Terms and Conditions shall have no effect unless expressly accepted in writing by BAKIT.
The Client shall take all necessary steps to eliminate or remedy any obstacles to or interruptions in the performance of the Services.
The Client undertakes to allow audits by Accreditation Bodies, provided that the conduction of such audits is required by the Accreditation Body’s accreditation procedures or the certification program respectively applicable.
FEES AND PAYMENTS
The fees quoted to the Client cover all stages leading to completion of the assessment program or BAKIT reserves the right to increase charges during the registration period. BAKIT may also increase its fees if the Client’s instructions change or are found to be not in accordance with the initial details supplied to BAKIT prior to it providing the relevant fee quotation. The Client will be notified of any increase in fees.
Additional fees shall be charged for activities that are not included in the Proposal and for work required due to non- conformances being identified.
Without prejudice to clause 2, additional fees will be payable at BAKIT’s charging rates in force from time to time in respect of rush orders, cancellation or rescheduling of services which are required as set out in the Codes of Practice.
A copy of BAKIT prevailing charging rates is available on request.
Unless otherwise stated all fees quoted are exclusive of travelling and subsistence costs. All fees and additional charges are exclusive of any applicable Value Added Tax, Sales Tax or any similar taxes in the country concerned.
Following submission of the work results to the Client, BAKIT shall issue an invoice to the Client. Invoices for additional and further work will be issued on completion of the relevant task. Unless advance payment has been agreed upon, all invoices are payable on receipt (the “Due Date”) regardless of whether the Client’s system or products qualify for certification failing. Interest on late payment will become due after 14 days from the date of the invoice at a rate of 1.5% per month from the Due Date up to including the date payment is actually received.
Any use by the Client of any Certificate or the information contained therein is conditional upon the timely payment of all fees and charges. BAKIT reserves the right to cease or suspend all work and/or cause the suspension or withdrawal of any Certificate for a Client who fails to duly pay an invoice.
The Client shall not be entitled to retain or defer payment of any sums due to BAKIT on account of any dispute, counter claim or set off which may allege against BAKIT.
BAKIT may elect to bring action for the collection of unpaid fees in any court having competent jurisdiction.
Client shall pay all BAKIT collection costs including reasonable attorney’s fees and related costs.
Payments for digital content, seminars and E-learning courses are always due in advance. Client can basically choose between the following payment options: PayPal, online bank transfer, debit / Direct debit and credit card payments, buyer from other countries can only pay by credit card.
Shipping information
Packaging, dispatch and packing charges will be billed separately (delivery fee). The method of shipment is at our sole discretion.
The delivery fee for printed contents and other goods as follows:
- free of charge – for delivery within Germany,
- free of charge – standard delivery within EU;
- Delivery to other countries and Express deliveries shall be agreed separately.
Dispatch cost freedom: we are free to determine whether the shipping cost will be charged.
Please note: For deliveries of printed materials and other goods in the non-EU countries additional duties, taxes and fees may apply. Please inform yourself in time.
Deliveries to packing stations are not possible.
COPYRIGHT and USE OF DIGITAL CONTENT
The content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“BAKIT Content”), are owned by or licensed to BAKIT in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. BAKIT Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of BAKIT. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. BAKIT reserves all rights not expressly granted in and to the BAKIT Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
LINKS TO THIRD PARTY SITES
The Websites and the Services found at these Sites by BAKIT may contain links to third-party websites that are not owned or controlled by BAKIT. BAKIT assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, BAKIT does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release BAKIT from any and all liability arising from your use of any third-party website. Accordingly, BAKIT encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Right of withdrawal
Client has the right to cancel the agreement within fourteen days without giving any reason. The revocation period is fourteen days from the date of the order.
To exercise the right of cancellation, you must contact us (BAKIT e.K. Toelzer Str. 4c, 81379 Munich, Germany, E-Mail: info@bakit.eu, Telephone: +49 89 6606 4808) and inform us by a clear statement (e.g. by mail. letter, fax or email) of your decision to withdraw this contract. You may use the common withdrawal form which is not prescribed.
In regard of the revocation period please make sure that you send your cancellation form concerning the exercise of the right of withdrawal before the deadline for withdrawal.
RESULTS OF WITHDRAWAL
After Client provided the withdrawal to the contract, BAKIT returns all the payments that BAKIT has received from Client, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than those offered by BAKIT, e.g. expensive type of standard delivery), and return the amount immediately latest within fourteen days from the date on which the notification is received via cancellation. For the repayment, BAKIT will use the same method of payment that Client used for the original transaction, unless it is explicitly agreed otherwise; in any case fees will be charged for such return.
Please note: However the right for withdrawal expires in a contract for the supply for content which is not at a physical disk – digital content when BAKIT started with the execution of the contract (e.g. provided the digital content via link or e-mail) after Client has explicitly agreed that BAKIT shall begin the execution of the contract before the expiry of the cancellation period and Client has confirmed that the rights for withdrawal will be lost when BAKIT starts the execution of the contract.
CONFIDENTIALITY
As used herein, “Confidential Information” shall mean any oral or written proprietary information that a party may receive from the other party pursuant to the Contract or information as to the business of the other party provided, however, that Confidential Information shall not include any information which
- is or hereafter becomes generally known to the public;
- was available to the receiving party on a non-confidential basis prior to the time of its disclosure by the disclosing party;
- is disclosed to a party by an independent duly authorized third party.
Unless required by law or by a judicial, governmental or other regulatory body or by Accreditation Bodies’ accreditation procedures or by certification programme respectively applicable, neither party nor their agents or subcontractors shall use the Confidential Information other than for the purpose of the Contract nor disclose the other’s Confidential Information to any person or entity without the prior written approval of the other party except as expressly provided for herein.
DURATION AND TERMINATION
BAKIT is entitled, at any time to terminate the Contract if the Client is in material breach of its obligations and, following receipt of notice of such breach, the Client fails to remedy to the satisfaction of BAKIT such breach within fifteen (15) days.
Unless otherwise agreed in writing, the rights and obligations of the parties defined in clauses 13, 16, and 17 shall apply notwithstanding the completion of the Services or termination of the Contract.
FORCE MAJEURE
If BAKIT is prevented from performing or completing any service for which the Contract has been made by reason of any cause whatsoever outside BAKIT’ control, including, but not limited to, acts of god, war, terrorist activity or industrial action; failure to obtain permits licenses or registrations; resignation illness, or
death of personnel or failure by Client to comply with any of its obligations under the Contract, the Client will pay to BAKIT:
- the amount of all abortive expenditures actually made or incurred; (b) a proportion of the agreed fees equal to the proportion (if any) of the service actually carried out;
- and BAKIT shall be relieved of all responsibility whatsoever for the partial or total non-performance of the required Services.
LIMITATION OF LIABILITY AND PRESCRIPTION
BAKIT undertakes to exercise due care and skill in the performance of the Services and accepts responsibility only in accordance with the terms of these General Terms and Conditions.
Service related defects and errors shall immediately be noticed in writing to BAKIT, latest however within thirty (30) days of discovery. According to its equitable discretion the Client shall grant BAKIT the necessary time and opportunity to remove the defect, e.g. by re-conducting the audit. On the contrary, BAKIT shall be exempt from the removal of defects. In case the removal of defects has not been conducted within an appropriate period of time or in case of its failure, the Client may reduce the payment.
The Certificates are issued on the basis of information, documents and/ or product samples provided by the Client and solely for the benefit of the Client. Neither BAKIT nor its subcontractors shall be liable to Client nor to any third party for:
- any actions taken or not taken on the basis of the Certificates or other work results of BAKIT,
- incorrect audits,
arising from unclear, incomplete, erroneous, misleading or false information provided to BAKIT by the Client.
BAKIT shall not be liable for any partial or totally non-performance of the services arising directly or indirectly from any event beyond Certification Body’s control including failure by Client to comply with any of its obligations provided in Clause 5 herein.
BAKIT shall have no liability for any indirect or consequential loss (including loss of profit).
In the event of wrongful intent, gross negligence, product liability claims as well as in cases of death, bodily or health injury, BAKIT shall be liable according to legal provisions. In the event of slight negligence BAKIT shall only be liable in cases of breach of a material contractual duty or in case of undue delay or impossibility. Material contractual duty is a duty which is essential to complete the aim of the Contract In such cases BAKIT’s liability is limited to the typically foreseeable damage up to a total aggregate sum equal to the amount of the fee paid in respect of the specific service in the relevant contract which gives rise to such a claim. BAKIT’s liability shall, however, in no circumstances exceed 5.000,00 Euro. Any breach of duty by employees, agents or subcontractors of BAKIT shall be equal to a breach of duty by BAKIT.
Except for cases of wrongful intent, limitation period for any claims for loss, damage or expense arising from failure of compliance with any obligations herein and for any defects shall be six (6) months from the start of the limitation period as legally provided.
MISCELLANEOUS
If any provision of these General Terms and Conditions are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall be affected or impaired thereby not in any way.
Except as expressly provided for herein, the Client may not assign or transfer any of its rights hereunder without BAKIT’s prior written consent.
Neither party shall assign the Contract without the prior written consent of the other Party such consent shall not be unreasonably withheld. Any assignment shall not relieve the assignor from any liability or obligation under the Contract.
A Party giving notice under these General Terms and Conditions must do so in writing with such notice being hand delivered or sent by post or facsimile to the address for the other Party as set out in the Application. A notice will be deemed received by the other Party: if hand delivered, on the date of delivery; if sent by first class post, three days after the date of posting; if sent by facsimile, the time indicated on the sending Party’s facsimile transmission confirmation message.
The Parties acknowledge that BAKIT provides the Services to the Client as an independent contractor and that the Contract does not create any partnership, agency, employment or fiduciary relationship between BAKIT and the Client.
Any failure by BAKIT to require the Client to perform any of its obligations under these Terms and Conditions shall not constitute a waiver of its right to require performance of that or any other obligation.
DISPUTES
Unless specifically agreed otherwise, all disputes arising out or in connection with these General Terms and Conditions or the Contract shall be governed by the laws of Germany exclusive of any rules with respect to conflict of laws. All these disputes shall be submitted to the exclusive jurisdiction of the competent courts of Munich (Germany). BAKIT, however, has the right to file suit (at its sole discretion) at a competent court at the place of jurisdiction of the Client.