Association for Practical Foundry Research
Austrian Foundry Institute (ÖGI)
A-8700 Leoben | Parkstraße 21
Phone: +43 3842/431010
E-mail: office@ogi.at | Website: www.ogi.at
1. General
The ÖGI is a non-university, non-profit research institute. The legal entity is the Association for Practical Foundry Research. ÖGI provides services to both members of the association and non-members. ÖGI is an accredited testing laboratory according to the requirements of EN ISO/IEC 17025.
2. Scope
These terms and conditions are an integral part of our offer and service provision and apply unless explicitly agreed otherwise in writing between ÖGI and the client. Offers become binding only upon order confirmation. Any side agreements, amendments, or additions to these terms require written confirmation by ÖGI to be effective.
3. Validity of Offers
Unless otherwise stated, offers are binding for ÖGI for 90 days.
4. Execution of Orders
4.1 The scope of ÖGI’s work must be defined in writing when the order is placed. Any changes or additions to the order must also be in writing to be legally binding.
4.2 If changes arise during proper execution of the order, the client has the right to withdraw from the contract if adherence to the contract can no longer reasonably be expected. However, according to §649 BGB, the client must pay the agreed remuneration or, if not agreed, a reasonable fee for the services already provided by ÖGI.
4.3 Orders accepted by ÖGI are executed according to recognized rules and the state of the art. ÖGI assumes no responsibility for the accuracy of standards, regulations, or norms on which the tests are based.
4.4 If certain tasks cannot be performed by ÖGI for any reason, ÖGI reserves the right, after consultation with the client, to delegate them to professionally qualified institutions.
4.5 In accordance with ISO/IEC 17025, ÖGI, as a testing body, is obliged to maintain confidentiality for accredited tests. If the testing body is legally required or contractually authorized to disclose confidential information, the client must be informed about the provided information, unless prohibited by law.
5. Obligations of the Client
5.1 The client must provide ÖGI with all necessary information and materials or test specimens free of charge and in a timely manner. The client must immediately inform ÖGI in writing of any circumstances that may affect the execution of the order.
5.2 In particular, the client must provide all information about specific properties of the test specimens that could endanger the safety of ÖGI or third parties.
5.3 If investigations or work outside ÖGI are required, the client must ensure access to the relevant locations and take all necessary measures to protect third-party rights.
5.4 If official approvals or third-party consents are required for order execution, the client must obtain them on time at their own expense and provide proof to ÖGI.
5.5 If the client publishes data or results in which ÖGI has contributed in any way, ÖGI should be acknowledged in the publication.
6. Liability
6.1 The client is liable for all damages caused by defective provision of test specimens or violation of obligations under Section 5 and must indemnify ÖGI against third-party claims.
6.2 Complaints must be submitted in writing immediately, but no later than 14 days after completion of the work, receipt of the report, or test specimens.
6.3 ÖGI is not liable for damages to test specimens that are typical or necessary during testing.
6.4 ÖGI is only liable for damages caused intentionally or by gross negligence, or in case of fraudulent concealment of defects or guaranteed absence of defects.
6.5 Technical recommendations in investigation and failure reports must be reviewed and assessed by the client. ÖGI assumes no liability for consequential damages.
6.6 Test castings and prototypes are for experimental purposes only. No warranty for practical suitability or liability for damages during use is provided.
7. Warranty
7.1 ÖGI’s warranty covers only explicitly commissioned services and the provided test specimens. If specimens are part of a complete system or series production, ÖGI assumes no warranty for the overall system or properties of products in series production.
7.2 Test results apply only to the tested sample material.
8. Working Hours
Work performed outside normal working hours (per the applicable Metal Industry Collective Agreement) is subject to overtime, weekend, and holiday surcharges.
9. Prices / Payment Terms
9.1 Prices are net plus statutory VAT. Invoices are due within 30 days of invoice date, without deductions. For orders taking longer than one month, ÖGI may issue partial invoices monthly or quarterly.
9.2 Late payments incur bank interest. The client must also reimburse all costs, fees, and expenses incurred by ÖGI in pursuing claims.
9.3 Objections to invoices must be made in writing within 14 days of receipt. Otherwise, the invoice is deemed accepted.
10. Storage and Disposal of Test Specimens
10.1 Storage periods are as defined in the current ÖGI QA manual. Bulky parts are usually returned freight collect after testing.
10.2 The client must collect test specimens promptly at their own expense upon ÖGI request. ÖGI may store uncollected specimens at the client’s expense, charging reasonable storage fees.
10.3 After testing or expiration of storage periods, ÖGI may dispose of specimens at the client’s expense.
11. Right of Withdrawal
11.1 ÖGI may withdraw from the contract if:
a. timely fulfillment is impossible due to the client’s fault,
b. the client fails to fulfill obligations under Section 5, or
c. bankruptcy proceedings are opened against the client or denied due to insufficient assets.
11.2 If ÖGI withdraws under Section 11.1, it is entitled to remuneration for services already rendered and costs incurred.
12. Retention of Ownership
All reports, test results, protocols, or prototypes remain ÖGI property until all claims arising from ÖGI’s work, including third-party costs, are fully settled.
13. Jurisdiction and Governing Law
Place of payment and performance: Leoben, Austria.
All disputes are subject to the jurisdiction of Leoben. Austrian law applies exclusively.
14. Final Provisions
14.1 If any provision of these terms is invalid or unenforceable, the remaining provisions remain effective.
14.2 In case of discrepancies or disputes, only the original paper report of ÖGI is valid.
14.3 Prices in the current service catalogue are in EUR. Previous service catalogues are void.