Article 1 – Services and Provisions
The company referred to in these general terms and conditions is Core Metal.
Core Metal specializes in technical assistance services in Metal construction and Welding, Corrosion protection, NDT, and Cargo Inspections across various industries.
These general terms and conditions apply to all its services, regardless of their legal classification.
They also apply to any service requested verbally or in writing by the client.
The client is the individual or legal entity, company, or administration that requests and pays for Core Metal’s services.
If the client acts by delegation, they must specify the identity of the individual or legal entity that benefits from and/or pays for the service.
The service encompasses all technical actions performed by Core Metal to fulfill its mission.
It concludes with the delivery of a written report (or verbal if requested by the client), accompanied by Core Metal’s fees and expenses.
Core Metal always acts in accordance with the instructions received from its clients, following the rules and practices in force in the profession, and using methods deemed most appropriate from a technical, operational, and financial standpoint.
Core Metal’s reports or opinions reflect the facts and circumstances as they appeared to them, within the limits of the instructions received.
Analyses or opinions are based on test results from observed samples or presented situations and represent only Core Metsld’s opinion on those points. They cannot be applied to elements not presented or hidden from them.
Article 2 – Client Obligations
The client will promptly provide Core Metal with all necessary or useful information for the execution of its mission. Particularly, the client must inform Core Metal within a reasonable time of the existence, potential or actual, of risks or dangers related to the mission conditions, such as radiation, harmful or dangerous products, pollution risks.
In general, the client must inform Core Metal of any danger that could harm the physical or moral integrity of its collaborators during their operations.
The client must ensure that all parties for whom cooperation or authorization is necessary or useful during the operations benefit from it whenever assigning a mission to Core Metal.
Core Metal can presume, without verifying, that permission is granted to the other parties. If this is not the case, the client cannot hold Core Metal responsible and must indemnify any resulting damages.
Article 3 – Responsibilities
Core Metal will perform its services according to the applicable rules of the art in its sector. Core Metal has no obligation of result. Its liability will only be engaged in case of demonstrated gross or intentional fault in the execution of its obligations
All liability clauses, exclusions, or limitations mentioned in these general terms apply regardless of the nature of the dispute (contractual, tort, or other).
A client who has only verbally defined the nature and scope of the mission assigned to Core Metal cannot claim fault unless it results from the terms of the final report.
Core Metal will only deliver data and advice to its clients.
No other party is authorized to use the data or advice provided by Core Metal. If another party wishes to use or appropriate the data or advice given to Core Metal’s clients for decision-making or action, each party will act on its own account and at its own risk.
EXCLUSIONS OF LIABILITY
Core Metal cannot be held responsible for any damage resulting from foreseeable facts or circumstances. Core Metal cannot be held responsible for any delay in the execution of its mission, in case of partial or total non-performance, or in cases of force majeure.
For the execution of its missions, Core Metal can validly presume, without needing to control or verify, that all data provided by its client or another party is correct and true.
Core Metal cannot be held responsible if some data is erroneous or false.
Core Metal cannot be held responsible for any damage to goods or equipment provided by the client or its representative for the mission needs. Similarly, Core Metal, except in the case of intentional damage caused directly by it, cannot be held responsible for any damage suffered by third parties in the course of its missions.
A third party refers to any party with whom the client has a contractual relationship, including, but not limited to, Core Metal client’s clients in situations where Core Metal acts as a subrogate in an expertise.
Core Metal can only be held responsible for damages or losses that directly result from its fault when it was a necessary and sufficient condition for the occurrence of the damages or injuries. Core Metal cannot be held responsible for indirect or immaterial consequences.
Core Metal cannot be held responsible, unless the damages are intentionally caused, for the consequences of external events such as:
- Water, fire, explosion, smoke damage
- Damages resulting from any natural climatic phenomenon
- Damages resulting from war, strike, terrorism, sabotage, acts of violence
- Damages directly or indirectly resulting from atomic transformation, radioactivity, ionization, nuclear substances, radioactive products.
Article 4– Fees
Core Metal’s service, whether completed or not, requires the payment of fees and reimbursement of expenses upon presentation of its invoice; any dispute between the client and Core Metal does not exempt from payment of the invoice and any potential legal late penalties.
All Core Metal invoices are payable within 10 days . In case of late payment, legal interest will be due.
Payment of Core Metal invoices cannot, except with Core Metal’s written agreement, be postponed or refused due to a dispute between the client and Core Metal. Similarly, no action against Core Metal is admissible in case of incomplete payment of the fees and expenses due for the disputed mission.
Article 5 – Dispute and Limitation Period
Unless otherwise contractually stipulated by the parties or the market or interprofessional organization referred to by the parties for the execution of the service, Core Metal’s liability can only be engaged by a written claim from the client made within 10 working days following the dispatch of the final report.
Article 6 – Jurisdiction
Any dispute that may arise between the parties regarding the formation, execution, or interpretation of this contract will be under the jurisdiction of the Regional commercial court in Flensburg.