As of: August 2026. These terms have been redrafted following the corporate restructure (Ungiftig FlexCo in Austria, Ungiftig UG in Germany) and the launch of the sample send-in package (formerly "asbestos self-test"); extended in August 2026 with the virtual inspection (section 3a) and the on-site deployment for companies, property managers and municipalities (section 3b).

1. Scope and Contracting Party

These General Terms and Conditions (T&Cs) apply to all contracts for pollutant consulting, on-site inspections, virtual inspections, on-site deployments, sample send-in packages, sampling, clearance measurements, quality control and monitoring, and related services. Laboratory analyses are provided only as part of these services and are not offered as a contract subject of their own.

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) is in formation; intended managing director: Philipp Schlier. Until it is registered, the Ungiftig FlexCo is the contracting party, including for assignments with a German connection.

Both companies share scientific leadership (Dr. Maximilian Mandl, PhD ETH Zürich); the Ungiftig FlexCo is registered, while the Ungiftig UG is in formation. While the Ungiftig UG is in formation, all invoices are issued by the Ungiftig FlexCo; once it is registered, assignments in Germany are invoiced by the Ungiftig UG. 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) and an oral results discussion; charged by floor area as per the product page. A written protocol with risk assessment and recommendations is available as a separate service (€90). For companies, property managers and municipalities the on-site deployment under section 3b applies instead of the inspection flat fee; there the written pollutant report is charged as per the quote (section 3b.4).
  • Single analyses: the targeted accredited laboratory analysis of individual pollutants, charged per sample by pollutant and matrix. Single analyses are not an access route of their own; they are passed on at cost in addition to the service chosen (on-site inspection, virtual inspection, sample send-in package or on-site deployment) (section 5).
  • Virtual inspection: video-guided inspection with sampling by the Client (see section 3a); separate sample costs per pollutant/matrix.
  • Sample send-in package (formerly "asbestos self-test"): structured preparation call by video, sampling by the Client (see § 3), laboratory analysis, and results discussion.
  • On-site deployment (companies, property managers and municipalities): inspection and sampling as a half-day or full-day deployment, charged by deployment and by sampling locations instead of by floor area (see section 3b).
  • Clearance measurement (indoor air): fibre-concentration measurement in indoor air after completion of a remediation, following the sampling and evaluation logic of VDI 3492, either as a single clearance measurement or as monitoring over up to 72 hours, with a documented report; from €690 per measurement point.
  • Quality control & monitoring: independent, measurement-based control of remediation quality 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. Sample Send-In: Specific Terms

The sample send-in package is a distinct contract type with the following specific terms; for the range of Clients to whom it is offered see section 3b.5:

3.1 Eligibility check during the preparation call

In the structured preparation call (video), we assess whether the material described is suitable for the sample send-in. We reserve the right to decline a sample send-in and recommend an on-site inspection where, in our professional judgement, the material cannot be sampled safely by a private individual (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 directly to the partner lab in the accompanying envelope.

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 sample send-in, 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 (Grenzwerteverordnung, the occupational limit-values ordinance). Where legally tight documentation is required, an on-site inspection should be chosen, or the result should be confirmed by re-sampling carried out by the Contractor or by an audited body.

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 an on-site inspection (from €290, staggered by floor area as per the product page). Any amount already paid for the sample send-in package is credited against the inspection fee.

3a. Virtual Inspection: Specific Terms

The virtual inspection is a contract type of its own: a video-guided inspection and sampling session at a flat fee (€190), with no limit on the number of samples; sample costs are passed on separately in accordance with section 5. For the range of Clients to whom it is offered see section 3b.5. The following specific terms apply:

3a.1 Procedure and eligibility

The Contractor guides the Client through the property by video link, supports the selection of materials to sample, and instructs the sampling. The sampling itself is carried out by the Client. Section 3.1 applies accordingly to material eligibility: materials that cannot be safely sampled by a private individual from a professional point of view are excluded from the virtual inspection.

3a.2 Responsibility, protective equipment and chain of custody

Sections 3.2 (client responsibility and cooperation) and 3.3 (chain of custody and evidentiary value) apply accordingly: sampling follows the instructions, using the protective equipment described, and the chain of custody does not remain continuously in the Contractor's hands.

3a.3 Stopping in case of danger

If the virtual inspection shows that a material or situation does not permit safe sampling by the Client (for instance heavily decaying or friable material), the Contractor stops the guided sampling at that point. In that case:

  • The Contractor recommends an on-site inspection (inspection fee from €290, staggered by floor area as per the product page, plus travel). The flat fee already paid for the virtual inspection is credited towards the inspection price.
  • If the Client decides against the on-site inspection, the virtual-inspection flat fee remains due for the services rendered up to that point (guided inspection, material assessment, and any sampling already instructed).

Samples already taken safely are analysed as normal; laboratory costs are passed on in accordance with section 5.

3b. On-site Deployment: Specific Terms (Business, Property Management and Municipal Clients)

For companies, property managers and municipalities a separate pricing model applies that is not based on floor area:

3b.1 Deployment and sampling locations

An on-site deployment is charged as a half day (€490) or a full day (€690), each including 2 sampling locations and an unlimited number of samples. Each further sampling location is charged at €89.

Sampling location means, for the purposes of these terms: an outdoor site (a playground, a gravel yard, a section of road), an apartment, or a building storey where the building is not residential; in residential buildings each apartment counts as its own sampling location.

The Contractor assigns half or full day in the quote, based on the property, the scope and the distance. If the scope on site turns out to exceed the assigned deployment, the additional work is agreed in advance and offered as a further deployment; it is not charged unilaterally.

3b.2 Sample count and incentive neutrality

The number of samples taken is included in the deployment and is not charged separately. The Contractor therefore earns nothing on the sample count; it follows professional necessity alone. The cost of the accredited laboratory analysis is passed on per sample at cost, without any markup of our own (section 5).

3b.3 Travel

Travel is charged at €0.46 per kilometre from Neunkirchen: one way for a half-day deployment, both ways for a full-day deployment, because no other assignment is visited on that day.

3b.4 Report

The structured written pollutant report is not included in the deployment and is charged as per the quote. Its price is fixed before fieldwork begins and is independent of the findings and of the scope of any remediation.

3b.5 Routes not offered

Sending in samples (point 3) and the virtual inspection (point 3a) rest on sampling by the Client and are offered only to Clients contracting as a private individual; they are not offered to companies, property managers or municipalities. The same applies to any other service that rests on sampling by the Client or on sample material supplied by the Client. For these Clients the Contractor takes the samples itself as part of the on-site assignment.

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. The stated prices are final prices: Ungiftig FlexCo is a small business within the meaning of § 6 Abs. 1 Z 27 of the Austrian VAT Act (UStG 1994); currently no VAT is charged or shown. Should the small-business exemption cease to apply, consumer prices will be shown inclusive of the then-applicable statutory VAT. Laboratory services of accredited partner laboratories are passed through at cost without any markup of our own; a higher laboratory price for complex preparation (up to €30 per material sample) is passed on unchanged and announced in advance.

  • On-site inspection fees, on-site deployments (section 3b), virtual-inspection flat fees and sample send-in 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 Expert and Interpreter Act (SDG). 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 sample send-in, § 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 once the service has been fully performed, provided the Contractor began performance with the consumer's prior express consent and the consumer confirmed having taken note that the right of withdrawal is lost upon complete performance (§ 18 (1) no. 1 FAGG / § 356 (4) BGB); for on-site inspections and sample send-in packages, typically upon delivery of the report or laboratory result; for the virtual inspection, typically upon the results discussion or delivery of the 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. The contractual place of jurisdiction for the Ungiftig UG will be fixed upon its registration; until then, the jurisdiction of the Ungiftig FlexCo applies. For consumers, the statutory courts always apply.

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: August 2026.