Data privacy Policy

The provider takes the protection of your personal data very seriously and complies strictly with the rules of the Data Protection Act. This website collects personal date only to the necessary technical extent. The collected data is never sold or made available to third parties for other reasons.

The following declaration provides you with an overview of how we ensure this protection and what type of data is collected and for what purpose. The visitor is hereinafter referred to as the user and the website operator as the provider.

Data processing on this website
The unavoidable server statistics (server log files) automatically store data that the user browser transmits to the provider.

This data is for the provider and normally cannot be assigned to specific persons. This data is not consolidated with other data sources, and the data is deleted after a statistical analysis.

Contact data of the Data protection commissioner
Siegfried Hilbrich
E-Mail: datsec@fakt.com
if there are any questions or suggestions every affected person can contact the dataa protection commissioner.

Cookies
The web pages may use so-called cookies in several places. These help in making our service more user-friendly, effective and safer. Cookies are small text files that are stored on your computer and saved by your browser. Most of the cookies used by us are so-called “session cookies”. They are automatically deleted at the end of your visit. Cookies do not cause any damage to your computer and do not contain viruses. To prevent placing cookies from the website on the PC, the internet browser must be set so that it deletes cookies from the hard disk of the PC, blocks all cookies or warns before a cookie is saved.

Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and facilitate analysis of your use of the website. The information produced by the cookie on your use of this website (including your IP address) is sent to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activities for the website operator and to provide other services associated with use of the website and the Internet. Google may also pass this information on to third parties if this is legally prescribed or if third parties process this information on Google's behalf. On no account will Google link your IP address with any other Google data. You can prevent the installation of cookies by adjusting your browser software accordingly. However, we must advise you that in such a case you may not be able to fully utilise all functions of this website. By using this website, you declare your agreement to Google's processing of the data recorded by Google about you in the previously described manner and for the previously stated purpose.

We would like to advise you that our website uses Google Analytics with the extension “_anonymizeIp()”, so that only shortend IP addresses are logged and direct personal reference is excluded.

You can refuse the data collection, processing and use at any time through the extension of your browser with effect for the future.

Email
The provider strives with all necessary technical and organisational security measures to save personal data of the user in such a way that it is not accessible to third parties or to the public.

If the user wishes to contact the provider via email (also applies to the contact form), the provider refers to the fact that the confidentiality of the transferred information cannot be ensured completely for this channel of communication. The provider therefore recommends that the user should send confidential information by post only.

Right to information
The user has a right of access at all times to any data held about them, and the right to know the origin and recipient of any such data, as well as the purpose of processing the data. The provider shall provide the user with information about the saved data at the email address provided in the imprint.

 

Last Update 04.2020

General Terms and Conditions of FAKT GmbH

for consultancy, auditing and advisory services

1. General - Scope of application

1.1 The company FAKT GmbH provides technical services in the transport and motor vehicle fields, in particular in the form of tests, measurements, and expert opinions, offers technical services for the testing and approval of vehicle systems and components, carries out product tests of all kinds, provides consultancy in the field of technic and license regulations, prepares appraisals, develops test procedures, test benches and software, provides all sorts of services, such as engineering, testing and design and carries out vehicle inspections.

1.2 Unless otherwise expressly agreed in writing, these General Terms and Conditions of FAKT GmbH shall apply to the acceptance and execution of all purchase orders, except any customer terms and conditions, even if these have not been expressly rejected. The General Terms and Conditions shall also apply to all future purchase orders until revoked.
Separate agreements can be spatulated for specific services.

1.3 Any collateral agreements, commitments, and other statements by our employees are only binding if they are expressly confirmed by us in writing or by e-mail. This also applies to amendments to this clause.

2. Implementation of orders

2.1 The type and scope of the service provided by FAKT GmbH are determined by the order and order confirmation, regardless of the form in which the order was placed or confirmed. Terms, deadlines, and cost estimates are based on information provided by the customer and estimates by FAKT GmbH.

The estimated costs are to be considered as approximate values only, unless they have been expressly confirmed in writing as fixed and binding. Also, cost estimates confirmed as fixed and binding are overridden by subsequent modification of their bases, independently if caused by unpredictable circumstances or events or by modification of the order scope requested by the customer.

If changes or additions to the specified scope of the order arise during the proper execution of the order, these must be agreed additionally in writing or by e-mail and paid for separately.

2.2 The purchase orders accepted by FAKT GmbH are carried out or appraisals are prepared by the recognized state-of-the-art technology and, unless otherwise agreed in writing, handled by FAKT GmbH processes.

FAKT GmbH provides its services, as far as reasonable and adequate to the scope, by the standards and/or guidelines specified by the client as well as the relevant statutory and other applicable provisions.

3. Warranty and Liability

3.1 Our warranty only covers the services that have been expressly commissioned to us. FAKT GmbH does not assume any warranty for the correctness and functioning of the objects under examination or the overall system to which the examined or inspected objects belong; in particular, FAKT GmbH is not responsible for the design, operation, material selection, and construction of the tested objects.

3.2 Any warranty claims of any kind whatsoever are limited to free-of-charge inspection, rectification, or supplementation. Liability claims against FAKT GmbH are in any case limited to liability for gross negligence on the part of FAKT GmbH.

If such reworking measures fail twice, the customer is entitled, at its discretion, to request a reduction of the remuneration or a rescission of the contract.

3.3 The warranty period is one year after the passing of risk, i.e. from the delivery of the results or products to the client.

3.4 FAKT GmbH only assumes liability for the suitability of the service for the customer's purposes if the FAKT GmbH service is defective and FAKT GmbH is liable for this or if FAKT GmbH has issued a corresponding guaranteed statement. Liability for consequential damages arising from breaches of duty or about a guarantee of quality is excluded unless FAKT GmbH has acted with intent or gross negligence.

3.5 If FAKT GmbH should be liable by our General Terms and Conditions - particularly when considering the subsequent provisions of section 4 - FAKT GmbH liability shall be limited for each order to a maximum amount of 50.000 EUR for property damages and up to an amount of 50.000 EUR for financial damages.

3.6 The liability limitations shall also apply to possible liability for the members of our staff or other vicarious agents involved by FAKT GmbH.

4. Additional liability, force majeure, missed deadlines

4.1 Except in cases of intent, gross negligence, bodily injury, or liability under the Product Liability Act, all further claims of the customer for direct and indirect damage - regardless of the legal grounds - are excluded insofar as they go beyond the liability and warranty assumed by FAKT GmbH within the scope of our General Terms and Conditions.

The same applies regarding the liability of FAKT GmbH for its employees and other third-party personnel contracted by us.

This provision also applies to the items provided by the client for the execution of the order.

4.2 FAKT GmbH shall not be liable for damage caused by force majeure.

Force majeure shall be deemed to be unforeseeable events that could not have been foreseen or averted with the usual care, such as power failure, fire, water damage, explosion, earthquake, or similar events that affect normal operations.

4.3 If the deadlines specified by FAKT GmbH in its offers or its specific order, confirmations for the completion of the services to be performed by FAKT GmbH are exceeded by a wide margin, FAKT GmbH shall only be liable within the framework of the provisions of these General Terms and Conditions if FAKT GmbH is responsible for the reasons for the deadline being exceeded.

FAKT GmbH shall not be liable if the deadlines are exceeded due to changes or additions to the original scope of services originally requested by the customer under these General Terms and Conditions.

4.4 Regardless of this, the client is obliged to obtain standard insurance cover for direct or indirect damage.

5. Remuneration and terms of payment

5.1 The payments according to the offer or order confirmation issued by FAKT GmbH apply to the calculation of the services of FAKT GmbH. Until the order is finally placed, the prices stated in the respective offer are subject to change. In the absence of a specific written offer or order confirmation from FAKT GmbH, the charges apply by the price list valid at the time the service is provided.

5.2 FAKT GmbH is entitled to demand appropriate advance payments for the services to be provided by FAKT GmbH and/or to issue partial invoices corresponding to the services already provided. Partial invoices do not have to be expressly designated as such. If an invoice is received, this shall not mean that the order has finally been invoiced.

5.3 The amounts invoiced by FAKT GmbH are due for payment within 14 days of invoicing without a deduction, unless otherwise stated in the offer or the confirmation of the specific order. The customer shall be deemed in default of payment upon receipt of a written reminder or at the latest 14 days following the due date indicated on the invoice. Once the customer is in default, interest of 8% per year above the respective base interest rate shall be owed for the respective outstanding invoice amount.

5.4 Remunerations shall be subject to the value-added tax (VAT) at the applicable statutory rate. VAT will be shown separately on the invoice.

6. Abnormal termination of the order

If the order is terminated before the services entrusted to FAKT GmbH have been fully provided - due to the customer giving notice or based on a mutual agreement to rescind - FAKT GmbH is entitled to charge remuneration for the services provided up to this point in time; the amount of the remuneration for the services provided is determined by the ratio between the services provided and those not provided. For example, if FAKT GmbH has provided 60% of the entrusted services by the date of termination of the order, we are accordingly entitled to 60% of the total agreed remuneration. FAKT GmbH is also entitled to claim remuneration for the services not yet provided at the time of termination. This remuneration corresponds to the value of the services not provided about the total price less expenses incurred; the expenses saved are set at a flat rate of 30%.

7. Confidentiality, Copyright, Data Protection

7.1 FAKT GmbH is entitled to make copies of all written documents which have been submitted by the customer for perusal and which are important for the execution of the order.

7.2 If, during the implementation of the order, expert opinions, test results, calculations, and the like are prepared, FAKT GmbH shall grant the client a simple, non-transferable license to use such, provide that this is necessary in accordance with the purpose specified in the contract. Further rights are expressly not transferred.

The client is also entitled to use the expert opinions, results, calculations, or similar things produced by us outside his company during business. He may only use the name or brand “FAKT� if he uses the expert opinions, results, calculations, etc. provided by us in full.

Texts intended for publication (media releases, advertising texts, packaging texts, manual of instructions, etc.) that refer to FAKT GmbH documents must be submitted to FAKT GmbH in full, including all related illustrations and enclosures before publication. Each reference to the FAKT GmbH test report or relevant document must include the type, scope, number, and date of the test. If the customer modifies, edits, or only uses excerpts of the expert reports, test results, calculations, etc. prepared by FAKT GmbH, the use of the “FAKT� name or brand is not allowed.

7.3 Violations of clauses 7.1 and 7.2 shall be sanctioned by legal and/or other appropriate measures.

7.4 FAKT GmbH shall not disclose and/or use, without authorization, any business and trade information of the customer for purposes, other than the implementation of the order, that becomes known to FAKT GmbH when executing the requested activities. The customer is aware that FAKT GmbH must transmit data, information, and reports to FAKT GmbH's recognition and accreditation bodies upon request, and that they have the right to participate in tests and inspections. By placing the order, the customer accepts this fact without restriction.

7.5 FAKT GmbH also processes and uses personal data exclusively for its own purposes. FAKT GmbH uses data processing systems for this purpose. FAKT GmbH has taken technical and organizational measures to ensure the security of data files and data processing procedures. The employees involved in data processing are obliged by the provisions of the Data Protection Law and are required to strictly comply with all data protection regulations.

8. Conformity statements in test reports or test protocols

8.1 If the client requires a statement on conformity regarding a specification or standard or test method (that means: pass/fail, in tolerance/out of tolerance, in compliance/not in compliance), FAKT GmbH applies the standard decision rule “Simple Acceptance Criteriaâ€� with indirect consideration of the measurement uncertainties as a decision rule. “Simple Acceptance Criteriaâ€� is also referred to as ‘shared risk’, as the probability of being outside the tolerance limit can be up to 50% if a measurement result is exactly at the tolerance limit (assuming a symmetrical normal distribution of measurements). According to this rule, the test laboratory and the client of the measurement result implicitly or explicitly agree to accept as conforming (and otherwise reject) a test result whose property has a measured value within the tolerance interval.

Statements of conformity are therefore reported as:

Pass - the measured value is below the acceptance limit, with acceptance limit = tolerance limit

Fail - the measured value is above the acceptance limit, with acceptance limit = tolerance limit

8.1.1 To keep the probability of incorrect decisions at an acceptable level, an upper limit for measurement uncertainty Umax is agreed with the customer. These values are specified for accredited test methods and in the relevant test reports.

8.1.2 There are test scenarios without uncertainty in the outcome. Instead, the outcome is influenced by the conditions under which the test is performed, and these are subject to measurement uncertainty. In these cases, well-characterized test methods are used, and sources of uncertainty are minimized by a) the use of measuring instruments with maximum permissible errors within specified limits, b) environmental influences such as temperature and relative humidity maintained within specified limits, c) well-documented control of test procedures and d) well-documented competency of measurement personnel.

8.2 By placing a purchase order, the customer agrees to this condition without any restrictions.

8.3 This rule does not apply if a different decision rule is specifically required by the client or in the relevant specification standard or test method.

9. Final provisions

9.1 The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.2 The place of jurisdiction for the assertion of legal actions for both parties will be Memmingen.

9.3 The place of performance of all obligations under this contract is Heimertingen, the registered office of FAKT GmbH.

 

Heimertingen, December 2024