Supplementary Conditions of Contract of Evonik’s Product Line Analytics - State 01/2020
1. The customer shall ensure that sample materials to be tested shall be made available to Evonik Operations GmbH („Evonik“) in due time. If not agreed otherwise in writing, the customer shall bear all costs for the sample materials to be tested as well as for making available such sample materials in due time.
2. The customer assures that the sample materials shall be declared and packed according to the legal provisions and that it gives Evonik all necessary and legally mandatory directions about special hazards of the sample materials and the respective handling. The customer shall fulfil its instruction duties in due time as to enable Evonik to treat the sample materials accordingly. All necessary information has to be furnished when handing over the sample materials at the latest. The customer shall be liable for damages arising from the lack of information (e. g. to equipment).
3. While analyses are being conducted the customer shall remain owner of the sample materials. The customer shall take back the sample materials after performance of the investigations agreed and after expiration of the storage period without costs arising on Evonik’s side, except a deviating agreement has been made. Evonik shall store the sample materials handed over and corresponding information for a period of fourteen (14) days after submission of the test report. Thereafter, Evonik shall make available the sample materials to the customer. Should such sample materials not have been taken off by the customer within one (1) month from making available the sample materials, Evonik shall be entitled to dispose the sample materials at customer’s costs.
4. Unless otherwise agreed in writing between Evonik and customer in individual cases, customer shall be responsible for compliance with statutory and regulatory requirements for the import, transport, storage, and use of the testing materials.
5. Evonik’s consultation services are made without commitment – also with respect to third parties’ intellectual property rights – and shall not release customer from its own due diligence in this respect.
6. Customer shall keep all confidential business information received from Evonik in the course of the service order or gained about Evonik in strict confidence. Customer shall acquire the non-exclusive rights of the analytical data, expert opinion and recommendations, however, excluding rights of know-how, intellectual property rights, inventions or similar rights, the latter shall be treated in strict confidence by the customer and shall not be used for own purposes unless otherwise agreed with Evonik upon in the confirmed order.