DEKRA’s general terms and conditions apply to the services and products provided by DEKRA. The terms become part of the agreement between the parties through written reference.
1. SCOPE OF THE ASSIGNMENT
DEKRA’s assignment is outlined in DEKRA’s quotation, assignment or order confirmation, and the agreement between the parties. If there are conflicting details in the agreement documents, the following order of precedence shall apply unless otherwise agreed: DEKRA’s quotation, assignment confirmation, these general terms and conditions, and other documents.
If the assignment is not specified, DEKRA shall perform the actions it deems necessary to fulfill the assignment.
2. CHANGES TO THE ASSIGNMENT
If either party wishes to modify or extend the assignment, that party must promptly notify the other. The parties shall agree on the changes and related terms (e.g., schedule and price).
DEKRA has the right to extend the assignment if deemed necessary and if the extension only has a minor impact. DEKRA is entitled to compensation for any costs incurred from such an extension.
3. DEKRA’S COMMITMENTS
DEKRA shall carry out the assignment according to the agreement between the parties, professionally, diligently, and in accordance with good industry practice. Work must follow industry standards or guiding regulations and, where applicable, any specified requirements. In the case of statutory inspections, DEKRA verifies, for certificate issuance, that the object meets requirements under relevant regulations, standards, or rules.
DEKRA undertakes to:
(a) maintain liability insurance covering personal, property, and financial damage,
(b) provide and insure materials and equipment unless otherwise the customer’s responsibility under the agreement,
(c) ensure compliance by its personnel with customer-provided occupational safety instructions.
DEKRA may subcontract parts of the assignment.
If the customer fails to fulfill their obligations or other circumstances beyond DEKRA’s control arise, DEKRA may suspend the assignment until the obligations are met or the circumstances cease.
4. CUSTOMER’S COMMITMENTS
Before entering into the agreement, the customer shall inform DEKRA of any relevant circumstances. The customer also agrees, at no cost to DEKRA and when required for the assignment, to:
(a) provide access to the object, equipment, drawings, documentation, and qualified personnel (e.g., cleaned and ventilated),
(b) assist in performing the assignment,
(c) provide special equipment (e.g., test loads, mobile platforms, scaffolding),
(d) provide electricity (400/230 V, 25A, 50 Hz) and lighting at the worksite,
(e) ensure safety at its premises,
(f) coordinate protective measures and ensure DEKRA’s instructions are followed,
(g) inform DEKRA personnel of applicable safety rules,
(h) ensure necessary protective structures meet regulations,
(i) ensure required personal protective equipment is available,
(j) provide office space and sanitary facilities,
(k) keep property insured during the assignment, and
(l) take other reasonable actions.
The customer may not require DEKRA to deviate from good industry practice.
5. COMPENSATION
Unless a fixed price is agreed, the assignment is performed on a time and material basis. DEKRA’s compensation is based on time spent. Additional charges for equipment, materials, etc. provided by DEKRA apply. Billing is according to the applicable price list.
If the customer fails to meet obligations under section 4 or other causes arise not attributable to DEKRA, DEKRA may claim compensation for incurred costs.
6. PAYMENT TERMS
All assignments are invoiced monthly or upon completion, unless otherwise agreed. Payment is due within 30 days of invoice date. Late payments accrue interest under the Swedish Interest Act (1975:635). DEKRA may charge an invoice or reminder fee.
DEKRA may request security for payment. If the customer delays payment or providing security, DEKRA may suspend the assignment.
7. DEKRA’S LIABILITY
DEKRA is liable for damage caused to the customer through negligence. “Fault” means significant deviation from the assignment causing damage. DEKRA is not liable for information or actions attributable to others. In statutory inspections as an accredited body, DEKRA’s liability is limited to the relevant regulations. DEKRA has the right to correct any faults. Further compensation may apply under this section.
DEKRA is liable only for direct damages, not loss of profits or indirect damages. Liability is limited to the assignment’s fee, up to a maximum of 120 price base amounts under the Social Insurance Code (2010:110). No compensation is paid for damage under half a base amount. DEKRA is not liable for damage that would have been covered by mandatory motor insurance where no such insurance exists. The customer is responsible for ensuring such insurance is in place.
For object transport as part of the service, DEKRA’s liability for loss or damage is limited to the assignment fee.
The customer shall indemnify DEKRA for damages caused by the customer and third-party claims for which DEKRA is not liable.
Claims for damages must be made in writing within one month of discovery or when they should have been discovered, but no later than six months after the relevant part of the assignment was completed.
In work at nuclear facilities, the Act (2010:950) on liability and compensation for radiological accidents applies.
Neither these terms nor the agreement imply DEKRA assumes the customer’s legal responsibilities.
8. DELAYS
If DEKRA fails to complete the assignment on time due to DEKRA-related causes, it is considered a delay. DEKRA is not responsible for third-party delays, including transportation services.
DEKRA has the right to complete the assignment within a reasonable time. If not completed, the customer may claim compensation for direct damage. This compensation excludes lost profit or indirect damage and is capped at five (5) price base amounts. No compensation under this clause applies if a penalty was agreed upon. Claims must be submitted in writing within one (1) month of the delay.
9. EARLY TERMINATION
Either party may terminate the agreement immediately if the other is subject to bankruptcy, liquidation, administration, or similar proceedings. Immediate termination is also permitted in the case of payment suspension, insolvency, or material breach not remedied within 30 days of written notice.
If the customer terminates due to DEKRA’s breach, compensation is available per section 7.
DEKRA may terminate immediately if the assignment changes materially or if the customer insists on a deviation from good industry practice. DEKRA is entitled to compensation for the performed part of the assignment, lost profits, and non-refundable costs. If terminated due to the customer’s breach, DEKRA is also entitled to damages up to the assignment’s value plus costs.
10. FORCE MAJEURE
If the customer, DEKRA, or its subcontractors are prevented from fulfilling their obligations due to events beyond their control, this constitutes grounds for relief and defers performance.
Such events also suspend penalties while ongoing. If they last more than six months, either party may terminate the agreement. Parties must promptly notify each other if such events occur.
11. CONFIDENTIALITY
Both parties shall treat all technical, commercial, or confidential information, whether written or verbal, as confidential. This does not apply to information that:
(a) is public through no breach,
(b) was known before disclosure,
(c) is disclosed by a third party without confidentiality obligations,
(d) is independently developed,
(e) must be disclosed by law or for protecting rights in disputes, or
(f) is disclosed by DEKRA to a third party with legitimate interest (e.g., maintenance firm hired by the customer).
12. RESULTS
Unless otherwise agreed, DEKRA retains ownership of intellectual property used or created during the assignment.
Deliverables agreed upon in the contract (e.g., reports, test protocols, certificates) belong to the customer.
DEKRA has the right to retain copies of all materials produced during the assignment.
13. PERSONAL DATA
Each party agrees to process personal data in accordance with the GDPR (Regulation (EU) 2016/679) and applicable data protection laws. Each party is independently responsible for their data processing as a data controller. If one party processes personal data on behalf of the other, they agree to sign a separate data processing agreement.
14. DEVIATING AGREEMENTS
Any deviations from the contract terms must be in writing and signed by both parties.
15. GOVERNING LAW AND DISPUTE RESOLUTION
Swedish law governs the agreement and these general terms.
Unless otherwise agreed, disputes shall be resolved in a general court with Gothenburg District Court as the first instance.
DEKRA always has the right to apply to authorities for payment of undisputed and due claims related to the assignment.