USAGE AGREEMENT ON TEST CERTIFICATES FOR CE MARKING
§ 1: Scope, basic principles
1.1 HUECK is the sole developer and holder of test certificates for HUECK aluminium constructions for windows + doors (Lambda), façades (Trigon) and sliding elements (Volato).
1.2 The Construction Products Regulation (CPR) requires manufacturers of construction products covered by a harmonised standard to draw up a declaration of performance (see article 4–7, CPR) and to CE mark these products (see article 4–7, CPR) when products are placed on the market.
§ 2: Limitation of rights, ITT certificates
2.1 The user of the online platform and/or signatory to this agreement is permitted to use HUECK’s test certificates for the purposes of CE marking. By signing this Usage Agreement and using the online platform, the User agrees to the following agreement on the use of HUECK’s test certificates pursuant to the Construction Products Regulation (CPR) and the current product standards for construction products (windows, doors, façades, fire-protection constructions).
2.2 HUECK is required to have its aluminium systems tested with respect to key product characteristics; the test results are available in the form of initial type testing (ITT) certificates, which have been issued by one or more notifying bodies. With this agreement, HUECK permits the User to draw up the declaration of performance based on the corresponding test results.
2.3 This agreement shall become legally binding at the time of online registration and/or signature of this agreement by the User. Any existing “Usage Agreement on Test Certificates/CE Marking” entered into between the parties in the past shall be deemed invalid.
§ 3: Obligations
3.1. As the manufacturer, the User is required to prepare technical documentation for the declaration of performance and, in this documentation, to describe all key elements in connection with the specified system to allow the assessment and verification of the constancy of performance; the corresponding system must also be specified in the declaration of performance.
3.2 The User must always independently keep themselves informed of the current content and respective periods of validity of the relevant documents and review these at least once a year.
3.3 The User warrants that they have incorporated or will incorporate the processing, upkeep, maintenance and assembly information provided to them into their factory production control (FPC) system. An FPC system shall be introduced by the User, and an FPC officer shall be appointed.
3.4 The User undertakes to use only HUECK system products, accessories and fittings from the applicable product range.
3.5 The User must refrain from using HUECK test certificates while in breach of sections 3.1–3.4.
3.6 The User shall be responsible for the conformity of their products with the HUECK processing regulations and for manufacturing.
HUECK assumes no responsibility for damages resulting from breaches of these obligations.
§ 4: Transferability of rights
4.1 The User shall not be entitled to issue sublicences or to allow third parties to exercise the rights afforded to the User under this contract.
4.2 All provided test reports are intended exclusively for the User’s internal use. The disclosure of provided test reports to third parties within the framework of transferred cascading ITT is not permitted. HUECK shall be entitled to claim damages in the event of unauthorised disclosure.
§ 5: Contractual term
5.1 This agreement shall enter into force at the time of signature or upon registration on HUECK’s online portal.
5.2 Ordinary termination of the agreement is not necessary. The Usage Agreement shall cease to apply immediately upon termination of the business relationship between HUECK and the User.
5.3 HUECK shall be entitled to terminate this agreement without notice for good cause. Just cause for termination without notice exists in the following circumstances:
· The user breaches their obligations under § 3 of this agreement.
· It is ascertained that the User is manufacturing defective HUECK aluminium systems and this situation does not change following a warning by HUECK.
· The User modifies the test certificates.
· The User passes the certificates on to third parties without permission.
5.4 The User’s right of use shall expire when the agreement is terminated in any way. The signatory/customer is then required to discontinue use of the test certificates immediately
§ 6: Miscellaneous
6.1 Amendments and additions to this agreement must be made in writing. Should a provision of this contract be ineffective, the remaining provisions shall continue to apply in accordance with their intended purpose.
6.2 The contracting parties agree that the competent court in Lüdenscheid shall be the court of jurisdiction for all disputes arising from or in relation to this agreement.
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