As of: May 2026 — these terms have been redrafted following the corporate restructure (Ungiftig FlexCo in Austria, Ungiftig UG in Germany) and the launch of the asbestos self-test package.

1. Scope and Contracting Party

These General Terms and Conditions (T&Cs) apply to all contracts for pollutant consulting, sampling, on-site inspections, laboratory analyses, remediation monitoring, asbestos self-test packages, and related services.

The "Contractor" is, depending on the location of the assignment:

  • Assignments in Austria: Ungiftig FlexCo (FN 679554 w, LG Wiener Neustadt), Talgasse 43, 2620 Neunkirchen, Niederösterreich. Authorised representative: Dr. Maximilian Mandl.
  • Assignments in Germany: Ungiftig UG (haftungsbeschränkt), Graf-Salm-Straße, 94036 Passau. HRB 12847, VAT ID DE 364 528 197. Authorised representative: Philipp Schlier.

Both companies operate under shared scientific leadership (Dr. Maximilian Mandl, PhD ETH Zürich) but are legally, organisationally, and operationally independent. Invoices are issued by the company responsible for the location of the assignment. For details see the Legal Notice.

2. Subject Matter and Scope of Services

The subject of the contract is the services specified in the respective offer, order confirmation, or product page. Typical services:

  • On-site inspection (Begehungspauschale): site visit, identification of suspect materials, sampling by the Contractor, accredited laboratory analysis (sample costs charged separately by pollutant/matrix), report with risk assessment and recommendations.
  • Single analyses: targeted laboratory analysis of individual pollutants without site visit (sample material supplied by the Client, see § 3).
  • Self-sampling package: structured preparation call by video, sampling by the Client (see § 3), laboratory analysis, and results discussion.
  • Remediation monitoring: independent construction supervision with real-time air monitoring. Scope and duration vary by project.

The actual scope of services is set out in the written offer, the order confirmation, or the booking terms of the relevant product page. The Contractor is entitled to engage qualified third parties and ISO/IEC 17025-accredited partner laboratories.

3. Asbestos Self-Test — Specific Terms

The asbestos self-test package is a distinct contract type with the following specific terms:

3.1 Eligibility check during the preparation call

In the structured preparation call (video), we assess whether the material described is suitable for the asbestos self-test. We reserve the right to decline an asbestos self-test and recommend an on-site inspection where, in our professional judgement, the material cannot be sampled safely by a layperson (e.g. strongly degrading or weakly bound material, sprayed asbestos, aerosols, larger remediation objects, suspected secondary contamination not visually identifiable).

3.2 Client responsibility and cooperation

Sampling is carried out by the Client or a person designated by the Client, following our written and verbal instructions. The Client undertakes to:

  • use the protective equipment supplied in the package (FFP3 mask, disposable coverall, disposable gloves);
  • follow the sampling instructions (wetting, slow mechanical motion, sealed sample containers);
  • sample only the material and location agreed during the preparation call;
  • label, seal, and ship the sample to the partner lab in the prepaid return envelope provided.

The Contractor is not liable for health or material damage arising from a sampling that deviates from the instructions or that takes place outside the material agreed in the preparation call. If unexpectedly strong fibre or dust release is observed during the sampling attempt, the procedure must be stopped and the Contractor contacted.

3.3 Chain of custody and evidentiary value

In the asbestos self-test, the chain of custody is not continuously held by the Contractor. The result is therefore scientifically informative (accredited laboratory, ISO/IEC 17025) but generally not sufficient for court proceedings or formal post-remediation clearance under the 4th section of the Austrian GKV (occupational asbestos directive). Where legally tight documentation is required, an on-site inspection by the Contractor — or a confirmatory re-sampling by an independent expert — is recommended.

3.4 Mid-process upgrade to on-site inspection

If the preparation call, the sampling attempt, or the laboratory result indicates that an on-site inspection is necessary (e.g. larger suspected area, multiple materials, remediation needs, legal use), the Client may at any time switch to a full on-site inspection (€290). Any amount already paid for the asbestos self-test package is credited against the inspection fee.

4. Client's Duty to Cooperate (general)

The Client provides all information necessary for the execution of the order in due time (year of construction, renovation history, known prior findings, layout) and ensures unobstructed access to the object of investigation. Incorrect or incomplete information may distort the result; the Contractor is not liable for consequences of such misstatements.

5. Prices and Payment Terms

Agreed prices, or the prices stated on the relevant product page, apply plus statutory VAT (Austria 20 %, Germany 19 %).

  • On-site inspection fees and asbestos self-test preparation calls are payable in advance (online, by invoice, or by bank transfer).
  • Sample costs and special analyses are invoiced separately based on the actual scope; they are due within 14 days of the invoice date without deduction.
  • For failure to attend a scheduled appointment without timely cancellation (≥ 24 h in advance), the Contractor may charge a reasonable cancellation fee up to the amount of the inspection fee.

6. Warranty, Liability, and Professional Status

6.1 Scope of findings

The Contractor provides its services in accordance with recognised technical standards (in particular ISO/IEC 17025 for accredited laboratory analyses; VDI 3866 / 3492 / TRGS 517 for sampling and fibre counting) and with the diligence of a qualified building-pollutant adviser.

Investigations, reports and recommendations relate exclusively to the specific material sampled and the documented state at the time of the investigation. Their transfer to other building parts, other rooms, or later periods requires separate sampling.

6.2 Important note: not a court-certified expert

The Contractor and the persons acting on its behalf are NOT court-sworn and court-certified experts within the meaning of the Austrian SDG 1975 or § 404a ZPO. Reports and statements of Ungiftig FlexCo and Ungiftig UG are professional assessments — they do not replace court expert opinions and are recognised in legal proceedings only if the competent authority (court, administrative body) expressly accepts them or if a court-certified expert produces an opinion on their basis.

Where a court-admissible expert opinion is needed, a court-sworn and court-certified expert for asbestos, building pollutants, or environmental hygiene should be engaged. We are happy to provide contacts on request.

6.3 Contractor's liability

The Contractor is liable without limitation for damages caused intentionally or by gross negligence. For damages caused by slight negligence, liability is limited to the order volume, or at minimum to the cover of our professional indemnity insurance. Liability for lost profit, indirect damage, or consequential damage from remediation decisions by third parties is excluded to the extent permitted by law.

For the accuracy of the analytical results of partner laboratories (ISO/IEC 17025 accredited), the Contractor is not liable unless a fault in their selection is attributable to the Contractor.

For the asbestos self-test, § 3 of these T&Cs additionally applies: the Contractor is not liable for damages resulting from sampling that deviates from the supplied instructions.

7. Consumer Protection, Right of Withdrawal (B2C, Austria/EU)

Consumers within the meaning of the Austrian Consumer Protection Act (KSchG) or the German Civil Code (BGB) have a 14-day right of withdrawal without reasons for contracts concluded online (§ 11 FAGG / § 312g BGB). The right of withdrawal expires early if the service has been fully performed with the consumer's express consent (§ 18 (1) no. 1 FAGG / § 356 (4) BGB) — for on-site inspections and asbestos self-test packages, typically upon delivery of the report or laboratory result.

Withdrawal is to be declared informally by email to servus@ungiftig.at.

8. Data Protection

Personal data are processed in accordance with the GDPR and Austrian DSG. For details see our Privacy Policy.

9. Jurisdiction and Applicable Law

  • Assignments in Austria (Ungiftig FlexCo): Austrian law applies. The competent court at the Contractor's seat (Neunkirchen, Niederösterreich) has jurisdiction; for consumers, the statutory courts.
  • Assignments in Germany (Ungiftig UG): German law applies. Jurisdiction is Passau, as far as permissible; for consumers, the statutory courts.

The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

10. Severability

If individual provisions of these T&Cs are or become invalid or unenforceable, the validity of the remaining provisions is not affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid one.

As of: May 2026.