GENERAL TERMS AND CONDITIONS (GTC)

Last updated on 31.03.2026

Homologator.eu – operated by Ceram Intertrade GmbH 

1.Scope
1.1 These General Terms and Conditions govern all contracts and services provided under the Homologator brand. All Homologator websites, domains, communications, documents, and services are exclusively operated by Ceram Intertrade GmbH, Am Ausbesserungswerk 8, 80939 Munich, Germany, HRB 196303, VAT ID DE 281134181, represented by Managing Director Dipl.-Ing. Dany Hoffman (hereinafter referred to as the “Service Provider”). Homologator is a trade name of the Service Provider and not a separate legal entity.
1.2 These GTC apply exclusively to business customers within the meaning of § 14 German Civil Code (BGB). The Service Provider does not enter into contracts with consumers.
1.3 Conflicting or supplementary terms of the Customer shall not apply unless expressly agreed in writing by the Service Provider.
1.4 These GTC shall also apply to future business relationships without requiring renewed agreement. 

2. Offers and Conclusion of Contract
2.1 A contract shall be concluded upon acceptance of an offer of the Service Provider by the Customer. Acceptance may be made in writing or in text form (e.g. email, messaging services).
2.2 The Service Provider is entitled to expressly confirm or reject an acceptance. A contract shall in any event be deemed concluded upon commencement of performance by the Service Provider.
2.3 Prior discussions, inquiries, submission of vehicle data (including VIN), preliminary technical assessments, or general project discussions do not constitute a binding offer or conclusion of contract.
2.4 The scope of services shall be exclusively determined by the offer of the Service Provider in conjunction with its acceptance. Public statements, marketing materials, technical descriptions, or information on Homologator websites are non-binding unless expressly confirmed.
2.5 The services offered by the Service Provider – including engineering work, consulting, documentation, and homologation support – are not success-based services unless expressly agreed otherwise.
2.6 The Service Provider does not guarantee regulatory approvals, official acceptance, or completion of procedures that are beyond its control.

 

3. Scope and Nature of Services
3.1 The services may include, in particular, technical evaluations, documentation, data sheets, consulting, project coordination, support for approvals under § 21 StVZO or § 13 EG-FGV, communication with testing authorities, or related services.
3.2 The Service Provider is entitled to modify methods, procedures, or technical approaches at its discretion, provided that the purpose of the contract is not impaired.
3.3 Technical changes or adjustments resulting from regulatory requirements, authority requirements, or industry standards shall not constitute a defect.
3.4 Pilot projects, tests, and technical evaluations constitute open-ended services. The Service Provider does not owe any specific regulatory or technical outcome, in particular no approval or registration of a vehicle.
3.5 The Customer acknowledges that tests and evaluations are conducted for the purpose of determining technical and regulatory feasibility. Negative results, additional requirements, or deviations shall not constitute a defect of the service.
3.6 If it becomes apparent during testing that approval is not feasible or can only be achieved with disproportionate effort, the Service Provider shall be entitled, after consultation with the Customer, to modify, suspend, or terminate the project.
3.7 Additional testing, adjustments, or efforts arising from such findings shall be remunerated separately unless expressly included in the offer.

4. Subcontractors and Third Parties
4.1 The Service Provider is entitled to engage subcontractors, specialists, technical laboratories, or testing authorities for the execution of services.
4.2 Delays or decisions by authorities or independent testing bodies shall not give rise to claims against the Service Provider.
4.3 The services and costs expressly listed in the Service Provider’s offer are included therein. Additional third-party costs (e.g. testing authorities, laboratories, or other external service providers) shall only be charged separately if:
– they are not included in the offer and
– they become necessary due to additional requirements, technical deviations, or project-specific circumstances.
Such additional services shall only be performed upon coordination with the Customer.

5. Communication and Project Control
5.1 All project-related communication and coordination with testing authorities, public authorities, or other third parties involved in the project shall be carried out exclusively through the Service Provider.
5.2 The Customer shall not be entitled to communicate directly with testing authorities, public authorities, technical service providers, or other third parties without prior express written consent of the Service Provider.
5.3 Vehicles may only be delivered to testing authorities, laboratories, or other project locations upon prior coordination and explicit approval by the Service Provider.
5.4 The Customer shall ensure that any persons engaged by it (in particular drivers, logistics partners, or employees) comply with these provisions and do not engage in independent communication or coordination.
5.5 Violations of these provisions may lead to suspension, delay, or termination of the project and shall not give rise to any claims for damages.

6. Non-Circumvention
6.1 The Customer undertakes, during the term of the project and for a period of 24 months thereafter, not to establish or continue any direct or indirect business relationships with third parties introduced or disclosed by the Service Provider.
6.2 Introduced or disclosed third parties include, in particular, testing authorities (e.g. TÜV, DEKRA, GTÜ or comparable bodies), technical service providers, laboratories, as well as their contacts, locations, processes, and project-related information made known to the Customer in the course of the cooperation.
6.3 Circumvention shall in particular be deemed to occur if the Customer initiates, commissions, or continues services, tests, inquiries, or coordination directly with such third parties without involving the Service Provider.
6.4 This shall apply irrespective of whether a contract between the parties has already been concluded or not.
6.5 In the event of a breach, the Service Provider shall be entitled to claim a contractual penalty in the amount of the lost project volume, but at least twice the value of the originally offered scope of services. Further claims for damages remain unaffected.

7.Customer Obligations
7.1 The Customer shall provide complete, accurate, and timely information, documents, vehicle access, and cooperation as required for the provision of services.
7.2 Delays resulting from incomplete cooperation or incorrect information provided by the Customer shall extend deadlines accordingly and shall not give rise to claims against the Service Provider.
7.3 The Customer shall ensure that agreed appointments, tests, and vehicle access are possible without restriction.
7.4 Independent coordination or interference by the Customer in the project process without the consent of the Service Provider may lead to suspension, delay, or termination of the project and shall not give rise to claims for damages.
7.5 The Customer shall ensure that all vehicles introduced within a project or a series or batch approval are technically identical in design, equipment, and configuration to the tested reference vehicles.
7.6 Deviations, in particular with regard to safety-relevant components, lighting, drivetrain systems, control units, or other homologation-relevant components, may result in the need for repeated testing or may prevent approval entirely.
7.7 The Service Provider is not obliged to identify deviations in advance. Any review shall only take place within the scope of the commissioned services.
7.8 If deviations are identified, the Service Provider shall be entitled to suspend, adjust, or extend the project and to charge additional services and testing separately. 

8.Prices and Payment Terms
8.1 Prices are net and subject to statutory VAT. The information in the order confirmation shall be decisive.
8.2 Additional costs may include travel, testing, laboratory costs, customs clearance, accommodation, shipping, and other external expenses.
8.3 Invoices are payable within fourteen days unless otherwise agreed. Statutory commercial interest shall apply in case of late payment.
8.4 The Service Provider may require advance payments or partial payments or suspend work until outstanding amounts have been settled.
8.5 Set-off or retention rights shall only exist if the Customer’s counterclaims have been legally established or expressly acknowledged.

9. Delivery Deadlines and Performance Periods
9.1 Any deadlines and dates specified by the Service Provider are non-binding estimates unless expressly guaranteed in writing.
9.2 Delays caused by the Customer, authorities, subcontractors, or force majeure shall extend deadlines accordingly.
9.3 If delays not attributable to the Service Provider exceed a period of six weeks, the Service Provider shall be entitled to withdraw from the contract.

10. Intellectual Property and Rights of Use
10.1 All rights to documents, templates, analyses, technical assessments, drawings, or other work results shall remain with the Service Provider unless expressly transferred.
10.2 The Customer shall receive a non-exclusive right of use solely for the contractual purpose.
10.3 Any transfer, modification, reproduction, or external use shall require prior written consent of the Service Provider.
10.4 All regulatory approvals, approval data, technical data sets, test reports, test results, and other homologation-related documentation created, coordinated, or supported by the Service Provider shall remain under the control and disposal of the Service Provider, irrespective of any development contributions made by the Customer. Such contributions shall not give rise to any transfer of ownership or exclusive rights of use. The Service Provider shall be entitled to reuse, further develop, or apply such approval data for other customers, projects, or vehicles of the same or similar type unless expressly agreed otherwise in writing.
10.5 The Customer shall not be entitled to represent itself as the owner of regulatory approvals or approval data created, coordinated, or supported by the Service Provider, nor to transfer such rights to third parties unless expressly agreed in writing.
10.6 Any exclusivity, restriction of use, or transfer of rights relating to results generated in the course of projects, testing, or development activities shall require an explicit written agreement. In particular, neither the commissioning of services nor the assumption of costs by the Customer – in whole or in part – shall give rise to any claim to exclusivity or any restriction of use by the Service Provider.

11. Warranty
11.1 The Service Provider warrants the proper execution of the agreed services but not the achievement of a specific regulatory or technical result.
11.2 Defects must be reported without undue delay in writing.
11.3 The Service Provider may choose between rectification or replacement. If rectification fails twice, the Customer may reduce the remuneration or withdraw from the contract.
11.4 Warranty claims shall become time-barred one year after delivery unless statutory exceptions apply.
11.5 Warranty is excluded if the Customer modifies or improperly uses the work results unless such modification is unrelated to the defect.

12. Liability
12.1 The Service Provider shall be liable without limitation in cases of intent and for personal injury.
12.2 In the case of slight negligence involving the breach of essential contractual obligations, liability shall be limited to the typically foreseeable damage.
12.3 In all other cases of slight negligence, liability per case shall be limited to the contractual remuneration or – in the case of continuing obligations – to the annual remuneration. If this is disproportionately low in relation to the risk, liability shall be limited to the Service Provider’s insurance coverage.
12.4 The Service Provider shall only be liable for data loss to the extent that the damage would have been avoided through proper data backup by the Customer.
12.5 Liability under the Product Liability Act remains unaffected.

13. Use of Automation and AI
13.1 The Service Provider may use automated systems and AI tools for drafting, administrative support, and document generation.
13.2 Final work results shall be reviewed prior to delivery.
13.3 The Customer is responsible for the accuracy of input data affecting automated or AI-supported processes.

 

14. Confidentiality
14.1 Both parties shall treat all business, technical, and operational information as confidential during the term of the contract and for two years thereafter.
14.2 This obligation shall not apply to information that is already known, lawfully obtained from third parties, or publicly available.

15. Assignment
15.1 The Customer may only assign rights or claims with prior written consent of the Service Provider.

16. Governing Law and Jurisdiction
16.1 German law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
16.2 The exclusive place of jurisdiction shall be the court competent for the registered office of the Service Provider.

17. Amendments
17.1 Amendments and supplements must be made in writing.
17.2 This also applies to any waiver of the written form requirement.

18. Severability Clause
18.1 If any provision is invalid, the remaining provisions shall remain valid.
18.2 The invalid provision shall be replaced by a provision that comes closest to the intended economic purpose.