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ELPETEC TESTING SERVICES

Measuring instruments, test equipment and climatic cabinets of our quality test laboratory provide technical data, valuable information and target-oriented hints that form a reliable basis for decision-making, both for our customers and ourselves. We not only perform detailed testing on our coating materials and their raw materials, but also verify a wide variety of coating results on test boards, real panels or assemblies ("test objects")  provided by our customers. Besides in quality control or error analysis, the results can be used to select and develop products or to determine data.
 
Should you wish to receive data and facts for your own orientation or assessment in your product development, we propose the following services performed by our physical or climate laboratories. 
 

After you sent us your purchase order with the objects to be tested, we will carry out the work in a professional and timely manner and send you a meaningful results report.

Prices (net) plus a processing fee of 100 EUR

Testing mechanical / physical properties of cured coating materials
Testing electrical properties of cured coating materials
Determination of characteristics of liquid coatings
 
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Services offered by Peters Research GmbH & Co. KG
Dear customer,

Measuring instruments, test equipment and climatic chambers provide technical data, valuable information and target-oriented hints that form a reliable basis for decision-making, both for our customers and ourselves. Not only our coating materials and their raw materials are tested in detail, but also a wide variety of coating results on test boards or real panels ("test objects") or assemblies provided by our customers. Besides in quality control or error analysis, they are used to select and develop products or to determine data.

What we take for granted as part of our daily business and for which high-quality and therefore quite expensive equipment was sensibly procured, is and remains a rare case for many customers. However, if you would like to receive data, facts and background information for your own orientation or assessment in your product development and its validation, we offer you a wide range of services from our physical laboratory or climate laboratory. You save on high acquisition costs while we amortise our equipment more quickly, which is a win-win business for both parties.

If you send us your order with the objects to be tested, we will carry out the work on the devices in a professional manner and without delay, and you will then receive your test objects back with a meaningful report of the test results.

We expressly point out that we do not operate a certified test laboratory; nor do we have any sworn experts working for us. However, we do provide you with valuable results from our testing practice for your practice.

These services are subject to the following general terms and conditions:

Preamble

Specially qualified employees of Peters Research GmbH & Co. KG - hereinafter referred to as "PR" - constantly carry out internal as well as external work with various test devices in our excellently equipped test and climate laboratories. They describe the method as well as the equipment and auxiliary materials used, refer to relevant standards, determine the data and results and prepare a meaningful test report. If desired, they also make non-binding recommendations, which, however, have to be evaluated, checked and answered for by the client as to their suitability.
1. General Information
The fulfilment of service orders by PR on behalf of the client shall be based exclusively on these General Terms and Conditions of Business. Any agreements or terms and conditions of the client deviating from these General Terms and Conditions of Business require the written consent of PR in order to be effective, with express reference to the deviating provision in these General Terms and Conditions of Business.

If individual provisions of these General Terms and Conditions of Business are or become invalid, this shall not affect the validity of the remaining provisions. In this case, PR and the client are obliged to agree on a new provision that comes as close as possible to the purpose of the invalid provision.
2. Service Components/Contract Components
These shall be:
a) the performance description of the client;
b) PR's offer stating prices and delivery times;
c) the provisions of the BGB (German civil code)
3. Term of Contract
The contractual relationship begins in each case with the signing of the individual contract and ends after the contract has been fulfilled without the need for termination.
4. Scope of Services
PR shall perform the Services described in the Offer in a professional manner to the best of its knowledge and belief, based on the standards and practices customary in the industry. PR does not warrant that the services performed and their results are suitable for the purposes envisaged by the client. The services are not intended for approval-relevant tests in connection with regulatory requirements and monitoring.
5. Shipping/Bearing of Risk
Unless otherwise agreed, the delivery of the test materials or test objects shall be at the risk and expense of the client. PR must be informed of all hazard, handling and disposal information relating to the test materials or test objects, in particular of any ecological and toxicological nature, as well as - insofar as known - the composition, prior to conclusion of the contract. If it becomes apparent before or during the test that the protection of the employees cannot be ensured, PR shall be entitled to discontinue these tests after informing the client accordingly and to invoice the client for the costs incurred up to this point in time, as well as any proven disposal costs.

Unless otherwise agreed, RP will summarise the results in a final report after completion of the work and usually send it to the client together with the test material or the test object.
6. Obstacles to the Contract/Force Majeure
All obligations and in particular the obligation to perform the commissioned services are subject to the reservation of non-culpable delays for reasons beyond the control of the respective obligated contracting party (e.g. a pandemic). This applies in particular to energy shortages, official decrees, the effects of strikes, industrial disputes and similar effects, delayed delivery or non-delivery to PR, delays caused by the client and other cases of force majeure.

In the case of long-term tests in climatic cabinets, significant interruptions may occur as a result of a power failure, and tests in progress may have to be discontinued and rescheduled and restarted. In such cases, PR will inform the client immediately and coordinate the completion with the client. If necessary, the client may waive the restart of the test, reimburse the costs for the preliminary work performed and otherwise withdraw from the contract.
7. Non-disclosure Obligation
PR undertakes not to publish or make available to others either the services actually performed or the results obtained, unless otherwise agreed between PR and the client or unless legal obligations preclude confidentiality. This obligation to maintain confidentiality shall expire five (5) years after completion of the respective service, but no later than five (5) years after the final report has been dispatched by PR.
8. Invoicing/Payment Transactions
After completion of the tests and before or along with the sending of the final report, PR shall send the client an invoice which shall be payable net within ten (10) days of the invoice date. Offsetting or retention is only permissible insofar as the counterclaim of the contracting party has been recognised by PR, is undisputed or has been legally established. In the event of default in payment, PR shall be entitled to charge interest at a rate of 5 percentage points above the respective base rate of the ECB. Default interest is due immediately.
9. Warranty Claims
Visible defects in the service provided (incorrect data or incorrect final report) can only be reported immediately in text form with a precise description of the defect, at the latest within 10 (ten) working days after the final report has been sent. Hidden defects can only be reported in text form with a precise description of the defect immediately after the defect has been discovered, but at the latest within the limitation period applicable under this clause. If there is a defect, PR shall endeavour to remedy it by appropriate rectification within a reasonable period of time. If the rectification fails, the client may demand a reduction of the consideration or withdraw from the contract. In all other respects clause 8 shall apply. Unless longer periods are prescribed by law, claims for defects shall become time-barred one year after the final report has been sent.
10. Exclusions and Limitations of Liability
Unless otherwise stated in these General Terms and Conditions, PR shall be liable for any breach of contractual and non-contractual obligations in accordance with the statutory provisions.

Claims for damages and reimbursement of expenses by the client shall be excluded. This exclusion of liability shall not apply
a) in the event of culpable injury to life, limb or health, or
b) in cases of intent or gross negligence, or
c) in the event of a substantial breach of an essential contractual obligation (an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the maintenance of which the customer regularly relies or may rely); in this case, however, PR's liability shall be limited to compensation for the foreseeable, typically occurring damage, unless liability is based on intent or gross negligence or injury to life, limb or health.
The limitations of liability resulting from the above shall also apply in the event of breaches of duty by or in favour of persons for whose fault PR is responsible in accordance with statutory provisions. PR cannot be held liable for damage attributable to the circumstances described in clause 4.
11. Applicable Law/Place of Jurisdiction
The place of performance for all obligations arising from or in connection with these General Terms and Conditions of Business and the place of jurisdiction for all disputes arising from or in connection with transactions based on these General Terms and Conditions of Business shall, to the extent permitted by law, be exclusively Kempen. The relations between PR and the client shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of international uniform law.
Peters Research GmbH & Co. KG, Kempen
Rev: August 2021
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