General terms and conditions of delivery, performance & payment


    1. General information

    Our contracts are based exclusively on the following terms and conditions (the “Terms”) unless deviations to this rule have been expressly approved by us in writing. Other terms and conditions of contract will also be inapplicable in those cases in which we do not object to them and the contract is still implemented.

    2. Formation of the contract

    Quotes provided by us are without obligation. Orders shall only be binding on us if we have confirmed these or fulfil them by sending the goods or providing the service; oral side agreements shall only be binding on us if we confirm these in writing. You represent and warrant that:

    (a) If you are an individual, you are of the age of majority under applicable law;

    (b) If you are representing a company, organization or any other legal entity (“Entity”), you have the authority to bind the Entity to these Terms;

    (c) You are capable of entering into and performing legally binding contracts under applicable law.

    3. Prices

    Our prices are ex-country Dubai excluding packaging and transportation costs unless agreed on a separate distribution agreement. Applicable statutory VAT will be charged in addition. The prices applicable on the date of delivery or service provision will apply in terms of the prices calculated in all cases unless an agreement on a fixed price has been confirmed by us in writing.

    4. Payment

    Payments must be made without any discount to our point of payment free of transaction charges to us within the stated period of the invoice. In the event that a payment period is not met we shall charge interest of 8% above the basic interest rate (3 months EIBOR, UAE central bank), while reserving the right to assert claims for further damage. Any deposit of bills of exchange shall require our consent. Charges and costs shall be borne in full by the purchaser and shall be due for immediate payment. The purchaser will also bear the risk of any timely presentation and lodging of a protest. In the event of default of payment and of justified doubts regarding the purchaser's ability to pay or creditworthiness, then – without prejudice to our other rights – we shall be entitled to demand collateral or advance payments for outstanding deliveries and services or to make deliveries and provide services solely upon cash on delivery or cash in advance, as well as to require immediate payment of all claims from the business relationship. The purchaser shall only be entitled to a right of set-off or retention in relation to undisputed claims or those which have been determined as final and absolute by force of law. The customer shall not be entitled to assign claims against us.

    5. Cancellation instruction for consumers

    Right to cancel: Insofar as you are a consumer, and the contractual relationship has been formed exclusively using remote communication methods, you can without stating reasons cancel your contractual declaration within 14 days in text form (e.g. letter, fax, e-mail) or, as long as the item is delivered to you before the end of the notice period, by returning the item. The period shall begin following receipt of this instruction in text format, although not before the goods have been received by the recipient. Timely sending of the cancellation or of the item shall suffice for the purposes of complying with the deadline. Cancellation must be made to TESTO ME FOR ENVIRONMENT AND TRADING L.L.C, Belresheed Building 2, Showroom 2. P.O.Box: 60407, Dubai – UAE. There shall be no right to cancel contracts for software if the seal has been removed by the purchaser from the media delivered. There shall also be no right to cancel goods which have been produced in accordance with customer specifications or which have been clearly customized to meet personal requirements. Consequences of cancellation: Following an effective cancellation the services and other performance received by both parties must be returned and any potential benefits (e.g. interest) surrendered. Items capable of being shipped as a parcel must be returned at our cost and risk. You must compensate us to the extent that you are unable to return or surrender the performance received along with any applicable benefit (e.g. use and enjoyment) or can only do this in part or only in a deteriorated condition. You shall only be required to pay compensation for deterioration of the item and for benefits enjoyed provided that the benefits or the deterioration are attributable to handling the item which goes beyond actions to check its properties and functionality. "Actions to check the properties and functionality" involve testing the relevant goods and subjecting them to a trial as is possible and usual for instance in a store. In all other respects you may avoid the duty to pay compensation by not using the goods as an owner and by refraining from any actions which impair their value.

    6. Delivery and performance periods

    Delivery and performance periods are only binding on us if they are expressly agreed in writing. Other statements on times and periods shall not be binding and may be exceeded to a reasonable extent (approx. 4 weeks). The point in time at which the delivery leaves our factory shall be used for the purposes of determining compliance with agreed delivery periods. The delivery and performance period shall be reasonably extended in the event of measures within the scope of industrial disputes, particularly strikes and lockout, and in the event of unforeseen obstacles which are outside of the supplier's will, provided that these obstacles demonstrably have a significant impact on completion or delivery of the delivery item or the performance or service. This also applies if these events affect our sub- suppliers. If agreed periods are exceeded or periods which are stated as non- binding are exceeded by the aforementioned period (approx. 4 weeks) then the purchaser may set a grace period of at least 3 weeks and then withdraw from the contract if this grace period expires with no successful result. Section 10 shall apply in relation to compensation.

    7. Transfer of risk

    Risk will be transferred to the purchaser no later than when the delivery parts are shipped, including in cases where partial deliveries are made or the supplier is responsible for any other performance. If the shipment is delayed as a result of circumstances for which the purchaser is responsible, then risk shall be transferred to the purchaser from the date that the items are ready for shipment.

    8. Retention of title

    Title to the goods sold shall remain with us until our claims from the business relationship with the purchaser have been paid in full. The retention of title also extends to the full value of the products arising as a result of processing, mixing or combining our goods, whereby we shall be considered to be the manufacturer. If goods are processed, mixed or combined with goods belonging to third parties whose title also persists then we shall acquire co-ownership at the ratio of the invoice values of these processed goods. The purchaser shall be entitled to dispose of the goods sold in the ordinary course of business unless the purchaser is in default of payment to us. The goods subject to the retention of title may not be pledged or assigned as collateral. The purchaser hereby assigns to us as collateral the claims against third parties arising from the resale at their full amount or at the amount of any co-ownership by us. The purchaser shall be entitled to collect these on our account until this authorization is cancelled or until discontinuation of their payments. Seizure by third parties of the goods and claims belonging to us must be communicated to us by registered letter by the purchaser without delay. In the event that the customer acts in breach of contract – in particular in the event of default of payment – we shall be entitled to take back the goods subject to the retention of title at the customer's expense. The customer hereby assigns to us their rights of surrender against third parties for this purpose. Exercising the right of retention of title shall not represent a withdrawal from the contract. In the event that the value of the collateral in place for us exceeds our claims by more than 20% overall, then we shall at the customer's request release collateral at our discretion.

    9. Warranty

    The warranty period for all new instruments and systems sold and for services provided shall be in accordance with the statutory regulations unless otherwise agreed in writing. It shall not extend to consumable materials such as temperature measuring strips, printing paper or wear parts (batteries, rechargeable batteries, printed matter, electronic measuring cells) or to wear and tear of the sensor by contact with the medium to be measured. In the event of justified complaints, we shall at our discretion either rectify the defects or supply perfect goods. The purchaser shall be entitled to a reduction in the purchase price only once rectification of the defect has failed or defective goods have been delivered once again. Unless the defect is insignificant, the customer may also withdraw from the contract and/or demand compensation within the framework of section 10 below. The purchaser must give us the opportunity to rectify the defect which is the subject of the complaint; we shall be released from the warranty obligation if the purchaser refuses to do this. If the customer has failed to observe the usage instructions when using the goods and/or has interfered with or implemented changes or repair work to the goods then they shall be under an obligation to prove that the defect is not based on this fact. The purchaser must comply with their obligations under the contract, in particular the agreed payment terms. However, if the contract is within the framework of the purchaser's business operations, then the purchaser may only withhold payments if notification of defects is provided in relation to which there can be no doubt regarding the justification for these.

    10. Indemnification

    You agree to indemnify and hold us and our company, subsidiaries, affiliates, partners, officers, directors, agents and employees from any claim or demand, including administrative and legal fees), arising out of your breach by you of the Terms or your breach of any law/ rights of any third party.

    11. Compensation

    We shall only be liable for compensation on any grounds whatsoever:

    • under applicable UAE law;in the event of willful intent;
    • in the event of gross negligence on the part of owners, legal representatives or executives;
    • in the event of fraudulent intent;
    • in the event of a failure to comply with a warranty that has been accepted;
    • on account of culpable injury to life, limb or health; or
    • on account of the culpable breach of an obligation which is so essential that achieving the contractual purpose is at risk. In the event of a breach of essential contractual obligations we shall also be liable for gross negligence on the part of non- executive employees and in the event of slight negligence. In the latter case the claim for compensation shall be limited to the invoice value of our quantity of goods directly involved in the event causing the damage, provided that this is permissible in law. However, this claim for compensation shall in any case at least be limited to foreseeable damage which is typical for the contract. Further claims for compensation shall be excluded.

    • ​

    12. Supplementary terms and conditions

    The latest version of the general terms and conditions for delivery and performance for products and services in the electrical industry as recommended by the Zentralverband der Elektrotechnischen lndustrie e.V. (Central Association of the Electrical and Electronics Industry) shall also apply in addition and are deemed to have been incorporated by reference, unless they contradict these regulations. A copy of these general terms and conditions for delivery and performance can be requested from us at any time.

    13. Privacy and Data Protection

    We will process your personal data to the extent you have explicitly given us such information and is further described in our Privacy Policy [provide hyperlink]. Please review our Privacy Policy for more information about how we gather, process and manage personal data received from you.

    14. Place of jurisdiction

    Terms shall be governed by and interpreted in accordance with the laws of the Emirates of Dubai and the federal laws of United Arab Emirates, as applicable therein. Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of Dubai, United Arab Emirates, August 2021.

 Calibration/Service order

  1. The standard turnaround time for calibrations is usually 4 to 5 business days from receipt of payment and /or purchase order. Should there be a delay, a Testo representative will notify you. We also offer an express service for an additional fee, which can reduce the turnaround time. Please discuss this option with a Testo representative if you need expedited service.
  2. As per the ISO/IEC 17025 standard, the calibration laboratory cannot make any recommendation on the calibration due date, should you require a calibration expiry date to be included on the calibration certificate and calibration sticker, please provide us with written confirmation. (Testo as a manufacturer recommends all instruments to be calibrated yearly).
  3. For repair order, please allow three working days for our technical team to process your order and arrange to send you a quotation. In case you reject the repair quotation, an administration/service fee will be charged.
  4. A PASS/FAIL statement on the certificate will not be reported unless specifically requested by the customer. The statement of conformity is made according to the decision rule "confidence level 50" with a probability of conformity greater than 50%. The compliance to allowed deviation is represented on the calibration certificate as follows:
    1. PASS: Measured value and measurement uncertainty within specification.
    2. PASS: Measured value within and measurement uncertainty partially outside the specification.
    3. FAIL: Measured value outside and measurement uncertainty partially within the specification.
    4. FAIL: Measured value and measurement uncertainty outside specification.
  6. Statement of conformity shall be stated based on manufacture specifications. Please notify us in advance of any special requirements.
  7. Acceptance of the quote entails the customer's consent and approval of Testo calibrations procedures and range. ISO/IEC 17025 Accredited Calibration (Scope – https://eiac.gov.ae/directory/details/T-LBCAL099):
    1. Pressure: calibration is carried out as per the Guideline DKD-R 6-1. Range: 0-100 hPa, differential pressure, pneumatic.
    2. Thermometer: calibration is carried out as per the Guideline DKD-R 5-1. Range: -30 to 200°C, -15 to 70°C (Air Temperature).
    3. Thermohygrometer: calibration is carried out as per the Guideline DKD-R 5-8. Range: 15 to 90%RH / 15 to 50°C.
    4. Infrared Thermometer: calibration is carried out as per the ASTM E2847-21. Range: -30 to 155°C.
  9. We will make adjustments to the instrument if the measurements fall outside the acceptable tolerance range.
  10. TESTO ME FOR ENVIRONMENT TESTING AND TRADING L.L.C reserves the right to return all instruments not collected within 3 calendar months to the address provided in this document. This applies to all equipment where calibration has been completed as well as instruments requiring repair or replacement. The cost of the return of the instrument(s) will be for the customer’s account. If return is not possible, Testo ME reserves the right to scrap and/or sell the instrument to defray costs of storage.
  11. Calibration will be performed at standard lab test points unless otherwise specified. If you have any specific test point requirements, please indicate them in your purchase order or email.
  12. If you have any issues with the services provided, please file your complaint at https://www.testo.com/en-AE/services