Terms of service
General Terms and Conditions of EaseCert GmbH
Business Customers Only
Version: 9 November 2026
Application: Upon effective incorporation into the relevant contract
1. Provider, application and contractual priority
1.1 EaseCert GmbH, Klaus-Kordel-Straße 4, 54296 Trier, Germany, email info@easecert.com, provides the services identified in the accepted order (“EaseCert”). The contractual customer is the business identified in that order (“Customer”).
1.2 These General Terms and Conditions (“GTC”) apply exclusively to entrepreneurs within Section 14 of the German Civil Code (“BGB”), legal entities under public law and special funds under public law. EaseCert does not offer these services to consumers.
1.3 The person placing an order must identify the Customer and have authority to act on its behalf. An order on behalf of a company does not, by itself, make that person a contracting party or personal guarantor.
1.4 These GTC apply only where effectively incorporated into the relevant contract. EaseCert will make the applicable version available before contract conclusion in a form the Customer can retain. The accepted order must identify that version.
1.5 Individually negotiated agreements take priority, irrespective of their form. Subject to that priority, the product-specific representation mandate governs the representative role, and the specific service agreement or accepted order governs the other services and remuneration. Those documents prevail over conflicting provisions of these GTC.
1.6 Customer purchasing terms apply only to the extent EaseCert agrees to them. Mandatory law remains unaffected.
1.7 The version incorporated when the contract is concluded continues to apply unless the parties agree an amendment. Publishing revised terms does not amend an existing contract.
2. Contract formation and agreed scope
2.1 Website descriptions generally invite the Customer to place an order. A quotation expressly identified as binding is governed by its acceptance terms. Otherwise, a contract is formed when EaseCert expressly accepts the order in a durable record, normally by email. An automatic acknowledgement or payment confirmation alone is not acceptance.
2.2 EaseCert may decline an order before acceptance where the requested services, products, evidence, legal role or risk fall outside its capabilities or acceptance criteria. Payments for an order EaseCert does not accept will be refunded without undue delay.
2.3 The accepted order must identify the Customer, relevant manufacturer, covered products or justified product families, variants, intended use, target users, markets, service modules, deliverables, assessment boundaries, fees and any agreed timetable.
2.4 Representation additionally requires the appointment and product schedule described in Section 6. Consultancy, document preparation and formal representation must be identified separately.
2.5 Products may be grouped into a family only where documented characteristics justify a common assessment. A shared brand, supplier or appearance does not establish equivalent safety or compliance.
2.6 Unless included in the accepted scope, services do not extend to additional products, variants, markets, legal regimes, laboratory testing, factory inspection, production supervision, national registrations, extended producer responsibility, litigation or recall administration.
2.7 An exclusion from the commissioned scope does not remove a mandatory duty attaching to EaseCert’s actual statutory role. EaseCert will identify material gaps it discovers in performing the agreed services and will not issue an unqualified conclusion unsupported by the evidence.
2.8 Material additions or changes require an agreed scope amendment. EaseCert is not obliged to accept new products, materially changed products or an expanded representative role merely because it has accepted an earlier engagement.
3. Professional standard and assessment boundaries
3.1 EaseCert will perform its services with the care and competence reasonably expected of a professional product-compliance consultancy. It remains responsible for its own contractual and statutory duties.
3.2 An assessment relates to the identified product configuration, intended use, evidence, markets and legal position at the stated assessment date. Its scope and limitations will be recorded in the deliverable where appropriate.
3.3 Unless expressly included, the service does not involve testing or inspecting every unit, supervising production or independently verifying every supplier statement. These boundaries do not remove checks required by the agreed service or applicable law.
3.4 EaseCert may rely on Customer information subject to the agreed professional review and statutory duties. It will address material inconsistencies, omissions or reliability concerns that it identifies or should identify when exercising the required care.
3.5 EaseCert may request clarification, samples, testing or other evidence proportionate to an identified gap or risk. It may withhold a final assessment or refuse a proposed appointment while material issues remain unresolved. Any continuing statutory duties remain unaffected.
3.6 EaseCert does not guarantee acceptance by an authority, customs service, marketplace, retailer, insurer or court, or the absence of incidents, recalls or enforcement. This does not exclude its obligation to provide the work or agreed result for which it has contracted.
3.7 A report, statement or document described as a certificate records only the assessment expressly stated in it. It is not government approval, notified-body certification, accreditation or a guarantee of safety or market access. The Customer must not present it as such.
3.8 EaseCert may prepare a declaration for review and signature by the legally responsible party. It signs on another party’s behalf only where applicable law permits this and a valid, express mandate authorises it.
3.9 EaseCert provides technical and regulatory support within the limits permitted by law. It does not act as a law firm or provide reserved legal services. Matters requiring independent legal advice or litigation representation must be referred to an appropriately qualified professional.
3.10 There is no general obligation to monitor every subsequent product or legal change after completion of a project. Expressly agreed monitoring, continuing representative duties and mandatory obligations remain unaffected.
4. Customer information, production control and changes
4.1 The Customer must provide complete, accurate, current and authentic information reasonably required for the agreed services. It must make reasonable enquiries within its supply chain, disclose material uncertainties and provide relevant adverse findings.
4.2 Required information may include specifications, formulation, materials, component and supplier details, manufacturing arrangements, test reports, risk assessments, labels, instructions, traceability, sales territories, relevant economic operators and known safety or enforcement concerns.
4.3 The Customer must identify the actual legal manufacturer and its authority to commission services or procure an appointment. A trading business cannot appoint EaseCert on a manufacturer’s behalf without the necessary authority.
4.4 Each party remains responsible for duties assigned to it by law. Unless included in the accepted scope, the Customer must arrange required testing, conformity procedures, production controls, implementation of labels and instructions, lawful marketing and maintenance of its technical documentation. Work commissioned from EaseCert remains EaseCert’s responsibility.
4.5 Before implementing a material change, the Customer must notify EaseCert and obtain any necessary review or mandate amendment. If it learns of the change only afterwards, it must notify EaseCert without undue delay.
4.6 Material changes include changes to design, formulation, materials, components, suppliers, production, software, intended use, target users, branding, markets or economic-operator arrangements. Changed products are not automatically covered by an earlier assessment or appointment.
4.7 The Customer must disclose sales volumes, distribution arrangements and special reliance circumstances reasonably relevant to the engagement. It must draw attention to an unusually high potential loss that EaseCert neither knows nor should reasonably know. EaseCert remains responsible for its own reasonable assessment of foreseeable contractual risk.
4.8 The Customer must review drafts within reasonable agreed periods and identify factual errors it knows or reasonably discovers. Approval does not release EaseCert from its own duties or waive rights concerning unidentified defects.
4.9 The Customer must not knowingly market unsafe products or use a favourable assessment while material safety conditions remain unmet. Unresolved concerns and the evidence required to address them must be documented.
5. Timing, scope changes and additional work
5.1 Agreed binding deadlines apply. Other dates are estimates and will be identified accordingly. A deadline does not cease to be binding merely because it lacks a particular label.
5.2 Where Customer delay, new information or an external event affects delivery, EaseCert will explain the effect without undue delay. Any extension must be justified by the event and the parties’ respective responsibilities. Mandatory deadlines remain unaffected.
5.3 Changes to material deliverables, fees or contractual duties require agreement. Reasonable methodological adjustments may be made where they preserve the agreed service, quality and Customer interests.
5.4 Additional work may include new products, new markets, material changes, further testing or separately commissioned corrective-action administration. Additional fees require an agreed basis, except for reimbursement rights arising directly under law.
5.5 EaseCert may not charge again for correcting its own defective performance or make mandatory representative action conditional on an additional commercial agreement.
6. Responsible Person and authorised representative services
6.1 EaseCert acts as an EU Responsible Person or authorised representative only for the manufacturer, products, legal regimes, territory and period expressly accepted in a legally sufficient, product-specific written mandate.
6.2 Payment, consultation, document preparation or delivery of an assessment does not by itself activate representation. Representation begins upon EaseCert’s express acceptance of the valid appointment from the party entitled to make it.
6.3 Before acceptance, the appointment documents must identify:
(a) the legal manufacturer, Customer and their respective roles;
(b) covered products, variants and identifying references;
(c) relevant legislation and the precise statutory appointment;
(d) tasks, commencement date, duration and territorial scope;
(e) document access, responsible contacts and urgent escalation arrangements;
(f) product-change, incident, insurance and termination arrangements; and
(g) responsibility for corrective measures, costs and any agreed manufacturer recourse.
6.4 If the Customer is not the manufacturer, EaseCert may require the manufacturer to sign the appointment and a direct cooperation or recourse undertaking. A Customer promise alone does not bind a manufacturer that has not validly agreed to it.
6.5 Acceptance requires satisfactory documentation, documented product-risk review and the insurance evidence specified in Section 8 and the mandate. Any accepted exception must be expressly recorded before activation.
6.6 EaseCert will perform the mandatory duties attaching to the accepted role, together with expressly agreed additional tasks. Applicable checking, authority-cooperation, notification and corrective-action duties cannot be removed by describing the service as administrative or documentary.
6.7 Where required by the role, the parties will establish and document a proportionate programme for recurring checks, information updates and escalation. The Customer must provide reasonable access to relevant products, samples and records.
6.8 The Customer must maintain access to complete, current technical documentation and traceability information. It must nominate a competent safety contact and deputy capable of responding to urgent matters.
6.9 The Customer may use EaseCert’s name and contact details as representative only after acceptance and only for covered products and the accepted role. It must not imply that EaseCert is the manufacturer, importer, laboratory, notified body or product guarantor unless EaseCert actually holds that role.
6.10 No appointment transfers away duties that the law requires another operator to perform. Equally, contractual descriptions do not exclude duties or liability attaching to EaseCert by law or its actual conduct.
6.11 Internal work and cost allocations do not bind authorities or injured persons. Termination and transition are governed by Section 12.
7. Incidents, claims and authority enquiries
7.1 For covered products, the Customer must notify EaseCert without undue delay after learning of a serious safety concern, accident, injury, potentially dangerous defect, recall, relevant authority enquiry or threatened claim. Urgent safety matters must be escalated immediately through the agreed contact channel.
7.2 Notifications must include available product and batch identification, affected markets, the known circumstances, relevant correspondence and measures already taken. An incomplete initial report must not delay urgent notification; further information must follow promptly.
7.3 Notification to EaseCert does not replace notifications required by law. Neither party may delay mandatory safety action or notification while awaiting payment, insurer approval or agreement on liability.
7.4 The parties must preserve relevant products, samples, technical files, correspondence and decision records. They must not conceal, improperly alter or destroy evidence.
7.5 Each party must promptly comply with its own insurer-notification obligations and cooperate with lawful claims handling. Disclosure to an insurer must not delay an authority deadline or protective action.
7.6 Where lawful and practicable, the parties will coordinate communications and defence arrangements. Neither may admit liability, settle a claim or incur commitments on the other’s behalf without authority. This does not restrict truthful disclosure, mandatory cooperation or urgent action needed to protect persons.
7.7 The Customer remains responsible for implementing and funding measures allocated to it by law or an effective agreement. EaseCert remains responsible for its own duties. Payment or commercial disputes must be addressed separately from urgent safety action.
8. Fees, expenses and insurance
8.1 The accepted order states the fees, currency, payment dates and included services. Unless expressly agreed otherwise, the fee is payable once. There is no subscription, annual fee or automatic paid renewal.
8.2 Where continuing representation is included, the one-time fee covers the continuing services defined in the accepted order and mandate for the accepted products. These GTC do not shorten a stronger individually agreed duration commitment.
8.3 Additional services and external costs require an agreed basis. Testing, translation, authority fees, samples, shipping, travel and specialist advice are included only where stated. Foreseeable external costs will be disclosed before commitment, except where urgent mandatory action or applicable law requires otherwise.
8.4 Prices are exclusive of applicable VAT unless stated otherwise. Tax treatment depends on the transaction and applicable law. The Customer must provide accurate billing and tax information.
8.5 Payments are due as agreed. Statutory default rules apply. The Customer may set off undisputed or finally adjudicated claims and claims arising from the same contractual relationship. Statutory rights to withhold payment for defective or incomplete performance remain unaffected.
8.6 After an appropriate reminder and notice where required, EaseCert may suspend discretionary future work for overdue, undisputed amounts to the extent lawful. Mandatory safety, notification, authority-access and surviving representative duties remain unaffected.
8.7 Before a representative appointment is accepted, the mandate must specify the Customer’s required product-liability insurance, appropriate limits, territory, relevant activities, evidence requirements and any required recall cover or protection for EaseCert.
8.8 The Customer must provide the agreed evidence before activation and maintain the agreed coverage throughout the mandate and for any agreed subsequent period. It must disclose cancellation, non-renewal, material restrictions or exhaustion affecting the agreed protection without undue delay after learning of them.
8.9 Any required protection for EaseCert through an endorsement, additional-insured arrangement or equivalent mechanism must be evidenced by the insurer’s actual documentation. It must not be assumed from a certificate naming only the Customer.
8.10 If the proposed coverage is unavailable or inadequate, EaseCert may decline the proposed appointment. Any alternative arrangement requires express recorded agreement. A later coverage problem is handled under Section 12 and does not permit abandonment of mandatory duties.
8.11 Information EaseCert supplies about its own insurance describes the insurance evidenced at the stated date. It does not guarantee payment of a claim, create a direct claim against the insurer or expand EaseCert’s contractual liability.
8.12 Insurance limits, deductibles, exclusions, aggregate limits and available proceeds do not determine the extent of a party’s legal liability. A refusal of insurance cover does not reduce liability otherwise owed under the contract or mandatory law.
9. Deliverables, review and correction
9.1 Deliverables will identify the product, scope, assessment date, evidence, material limitations and outstanding actions where appropriate. Drafts must not be presented as final documents.
9.2 The Customer should promptly review deliverables and notify specific concerns. Silence or the passage of 14 days does not create a blanket acceptance, waive latent defects or reverse the legal burden of proof.
9.3 Where the service is legally subject to acceptance as a work contract, statutory acceptance requirements apply. Other services do not acquire an acceptance requirement solely through these GTC.
9.4 EaseCert must have a reasonable opportunity to correct defective performance where required by law. Statutory rights concerning urgent correction, reduction, termination, refunds or damages remain available, subject to Section 10 where applicable.
9.5 A later product or legal development is distinguished from a defect in the original work. Updating requires agreement unless included in the continuing service, necessary to correct EaseCert’s breach or required by law.
10. Liability
10.1 EaseCert is liable without contractual limitation for intentional conduct, gross negligence, culpable injury to life, body or health, and fraudulent concealment. Liability under an expressly assumed guarantee is governed by its terms. Mandatory statutory liability, including applicable product liability, remains governed by the relevant law, including its conditions, defences and statutory limits. Sections 10.2 to 10.10 do not restrict liability preserved by this Section 10.1.
10.2 For ordinary negligence outside Section 10.1, EaseCert is liable for breach of an essential contractual obligation. An essential obligation is one whose fulfilment makes proper performance of the contract possible and on whose observance the Customer may normally rely. Liability is limited to damage foreseeable when the contract was concluded and typical for that contract.
10.3 Subject to Sections 10.1 and 10.4, EaseCert’s liability under Section 10.2 for pure financial loss is limited to EUR 3,000,000 per damaging event. Pure financial loss means financial loss that does not result from bodily injury or physical damage to property.
10.4 Where foreseeable damage typical for the contract at its conclusion exceeds EUR 3,000,000, the monetary limit in Section 10.3 does not apply; liability remains limited to the foreseeable damage typical for that contract under Section 10.2. This exception does not depend on the Customer having requested higher insurance or expressly notified a risk that EaseCert knew or should reasonably have known.
10.5 Losses arising from one act or omission constitute one damaging event for Section 10.3. Independent acts or omissions are not aggregated solely because they concern the same product, Customer or mandate. These GTC impose no annual aggregate contractual liability limit.
10.6 Liability for ordinary negligence concerning obligations other than essential contractual obligations is excluded, except where Section 10.1 applies. There is no separate blanket exclusion of lost profit, recall expenditure or another category that overrides liability preserved by Sections 10.1 to 10.4.
10.7 These provisions apply to damages claims connected with contractual performance irrespective of legal basis, within their lawful scope. They do not restrict injured persons’ mandatory rights or remove rights to performance, correction, price reduction, repayment or termination.
10.8 EaseCert is responsible for its legal representatives and persons used to perform its obligations as required by law. A laboratory or adviser separately engaged by the Customer is not automatically EaseCert’s subcontractor. EaseCert remains responsible for its own agreed selection, coordination and review duties.
10.9 Contributory responsibility and mitigation are assessed under applicable law. Customer information, draft approval or failure to follow a recommendation does not automatically release EaseCert from responsibility for its own contribution.
10.10 The permissible exclusions and limitations also benefit EaseCert’s managing directors, employees and persons used in performance in relation to corresponding personal damages claims. They do not exclude independent mandatory duties or liability.
10.11 The Customer contracts with EaseCert GmbH. An individual acting for EaseCert does not assume a personal guarantee merely by communicating, signing or performing work on its behalf. Express personal undertakings and independent statutory liability remain unaffected.
10.12 The amounts and rules in this Section are contractual provisions, independent of actual insurance proceeds. Statutory limitation and expiry periods apply unless an effective separate agreement states otherwise.
11. Third-party claims, manufacturer responsibility and recourse
11.1 The Customer must indemnify EaseCert against legally justified third-party claims and reasonable, necessary defence costs to the extent caused by the Customer’s culpable breach of contractual duties. Relevant breaches include materially incorrect or withheld information, unauthorised use of EaseCert’s details and culpable failure to implement measures for which the Customer is responsible.
11.2 Where the Customer is also a manufacturer or other economic operator subject to statutory contribution or recourse, EaseCert’s statutory rights remain available, including where the applicable product-liability regime does not require proof of that operator’s fault. This clause does not create a broader no-fault indemnity.
11.3 Before accepting representation for a manufacturer outside the EU, EaseCert may require a separate agreement addressing product-risk allocation, defence, insurance and practical recovery. If the Customer is not the manufacturer, any undertaking required from the manufacturer must be validly accepted by that manufacturer.
11.4 Indemnity and contribution must account for EaseCert’s own causal contribution and responsibility, including persons used to perform its obligations. These GTC do not require the Customer to indemnify EaseCert for the share attributable to EaseCert’s own breach.
11.5 No indemnity under these GTC covers criminal fines, administrative penalties imposed on EaseCert or its personnel, or costs that cannot lawfully be recovered.
11.6 EaseCert must notify the Customer of a relevant claim without undue delay, provide reasonably necessary information and allow appropriate participation in the defence. A notification delay does not automatically extinguish rights; its consequences depend on the applicable law and resulting prejudice.
11.7 Defence and settlement must respect applicable insurer requirements, privilege, confidentiality and deadlines. Neither party may prejudice the other’s rights through an unauthorised settlement.
11.8 The parties must reasonably cooperate in pursuing responsible manufacturers, suppliers or insurers. There must be no double recovery. Internal recourse does not prevent a claimant or authority from proceeding directly against a party liable under law.
12. Duration, suspension, termination and transition
12.1 A project engagement ends when the agreed work is completed, subject to payment, remedies and surviving duties. Statutory cancellation, termination and refund rights remain unaffected.
12.2 A representative mandate continues for its agreed term. If no fixed term is agreed, it is open-ended until validly terminated. A one-time fee does not make it irrevocable or extend it automatically to changed or additional products.
12.3 The Customer may terminate an open-ended mandate by notice in text form. Where practicable, the parties should allow at least 30 days for transition. The Customer must arrange any replacement economic operator required for continued lawful market placement.
12.4 EaseCert intends to provide the agreed continuing representation. It may terminate an open-ended mandate without Customer breach only on objectively justified grounds making continuation materially unreasonable, such as a material legal change or circumstances requiring discontinuation of the relevant service.
12.5 Before such termination, EaseCert must consider reasonable adaptation and mitigation. It will normally give at least 90 days’ notice, and longer where required by law or an individually agreed commitment. Disappointing profitability alone is insufficient.
12.6 Loss or material restriction of insurance may require a review of an appointment. It does not automatically entitle EaseCert to terminate. The parties must first consider reasonable replacement coverage, adaptation and transition, taking account of their commitments and mandatory law.
12.7 Either party may terminate for cause under applicable law. Notice and a reasonable opportunity to remedy must be given where required. Serious safety risks, deliberate false information, unlawful marketing or refusal to cooperate with required corrective measures may justify urgent action.
12.8 EaseCert may refuse new or changed products and suspend non-mandatory services where justified and lawful. Such measures do not remove existing statutory duties.
12.9 Termination does not erase an appointment retrospectively, eliminate responsibility for earlier conduct or end duties that survive by law. Mandatory cooperation, safety action, document access and preservation must continue where required.
12.10 The transition record must identify affected products, relevant dates, outstanding matters, record transfers, replacement operators and treatment of existing units. After termination, the Customer must stop identifying EaseCert for new placements outside a surviving mandate and correct unauthorised use.
12.11 Treatment of existing packaging, products and historical records must follow applicable law and the documented transition. These GTC do not require indiscriminate destruction or alteration of historical evidence.
12.12 Unused advances and other financial consequences will be settled transparently under the agreement and applicable law. Refunds required by law are not discretionary.
13. Confidentiality, data protection and supporting tools
13.1 Each party must protect the other’s confidential information and use it only for contractual performance, legal compliance or lawful establishment, exercise or defence of rights. Information lawfully known, independently developed or public without breach is excluded.
13.2 Disclosure is permitted as reasonably necessary to appropriately bound personnel, qualified subcontractors, professional advisers and insurers, or as required by law. Where lawful, the other party will be informed of compulsory disclosure.
13.3 EaseCert may use suitable software and AI-assisted tools subject to applicable confidentiality, security and data-protection requirements. Such tools do not replace the professional review owed by EaseCert.
13.4 Customer confidential information must not be used to train a general-purpose AI model without separate express agreement. Access and disclosure to service providers must have an appropriate contractual and lawful basis.
13.5 The parties’ data-protection roles depend on their actual processing. Where required, a processing agreement must be concluded before processing begins. These GTC do not replace a required processing agreement, privacy notice, transfer safeguard or legal basis.
13.6 Access from outside the EEA, including through personnel or service providers, must be assessed under applicable data-protection and confidentiality requirements before it occurs. Each party must provide only personal data reasonably needed for the service.
13.7 Material information-security incidents affecting the other party’s information must be communicated without undue delay after identification, subject to law and legitimate investigation requirements. Statutory reporting deadlines remain unaffected.
13.8 Confidentiality continues while the information remains confidential. Return and deletion are subject to lawful retention, regulatory access, preservation and defence requirements.
14. Deliverable rights and records
14.1 Each party retains its pre-existing intellectual property. EaseCert retains its methods, templates, tools and general know-how. The Customer retains its product, brand and supplied-material rights and grants the rights reasonably required for performance.
14.2 Subject to agreed payment and mandatory disclosure rights, the Customer receives a continuing, non-exclusive right to use final deliverables for the identified products and agreed compliance purposes. This includes necessary disclosure to authorities, marketplaces, insurers, advisers, laboratories and supply-chain partners.
14.3 The Customer may implement agreed labels and instructions. It may not sell EaseCert’s reusable templates as competing services or misrepresent the scope, date, qualifications or conclusions of a deliverable.
14.4 Lawful updates, translations and adaptations must preserve traceability. They must not imply EaseCert reviewed a changed product or document where it did not.
14.5 Disclosure to another person does not, by itself, establish a separate consultancy contract or guarantee in that person’s favour. Mandatory third-party rights remain unaffected.
14.6 Publicity using the other party’s name, logo or project information requires prior consent. Proper identification within a valid representative role and legally required disclosures remain permitted.
14.7 Relevant records must be retained for periods required by law and the mandate. The retention plan must address regulatory requirements, product-placement dates, potential long-term claims, preservation notices and data minimisation.
14.8 The Customer must retain its own complete technical file and maintain version control. Neither party may withhold records or access where disclosure or availability is legally required.
15. External events and material changes
15.1 A party prevented from performing by an external event beyond its reasonable control must promptly explain the event, its effects and mitigation measures. Relief applies only to the extent permitted by law and justified by the circumstances.
15.2 Routine supplier failure, financial difficulty or legal change does not automatically excuse performance. The parties must consider available alternatives and their respective responsibilities.
15.3 Where a material legal or factual change substantially affects the service, the parties must seek a reasonable solution. These GTC do not permit unilateral removal of essential duties or imposition of additional fees.
15.4 If an unavoidable impediment persists for more than 60 days and continuation is unreasonable, either party may terminate the affected part, subject to applicable law, proportionate settlement and the transition duties in Section 12. Rights arising earlier under law remain unaffected.
15.5 Urgent safety, notification, authority-cooperation and preservation duties remain unaffected.
16. Governing law, jurisdiction, notices and amendments
16.1 German law governs the contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods. This does not displace mandatory law applicable to a statutory role, regulatory action or injured person’s claim.
16.2 Where the Customer is a merchant, legal entity under public law or special fund under public law, the courts having jurisdiction for Trier, Germany, have exclusive jurisdiction for contractual disputes, subject to mandatory jurisdiction rules.
16.3 In other cases, an exclusive Trier jurisdiction agreement applies only where legally permissible and concluded in the required form. Mandatory jurisdiction and lawful applications for interim relief remain unaffected. Injured persons and authorities that are not contracting parties are not bound by this agreement.
16.4 Notices may be given in text form, normally by email to the last designated contact, unless law or the mandate requires another form. The sender must demonstrate receipt where legally relevant. Contact details must be kept current.
16.5 The contract language is English unless the accepted agreement identifies another controlling version.
16.6 Material amendments require agreement. Publication of new terms, continued website use or failure to object to an email does not by itself amend an existing contract. Individually negotiated agreements retain their priority irrespective of form.
16.7 If a standard term is ineffective or not incorporated, statutory rules determine the consequences and any resulting gap. The other provisions continue to apply to the extent provided by law. There is no automatic replacement with the provision most favourable to EaseCert.
16.8 These GTC apply to a particular contract only upon effective incorporation. They do not retrospectively amend existing engagements, mandates or commercial commitments.