The complete warranty and exclusion of liability can be
It explicitly refers to data GisChem are certainly carefully created and maintained, but can not guarantee the accuracy or completeness. Therefore the user is not exempt from the obligation and responsibility to ensure the correctness and completeness of this data. Thus the user can not make the GisChem carrier legally responsible for errors to the accuracy or completeness of the data transmitted.
Also, as a precautionary measure states that no guarantee that the information submitted by third parties are offered royalty free. In this sense, no responsibility is assumed for any legal reason.
However, in accordance with the laws GisChem carrier is legally responsible in case of intent or gross negligence, insofar as it does not come through culpable misconduct of the carrier of GisChem, its legal representatives or its vicarious agents for injury to life, body or health.
Module “Mixture Calculator”
As regards the use of the "mixture calculator“ module, it is hereby pointed out that pursuant to the CLP Regulation, the BG RCI (the organisation behind GisChem) is merely able to support the employers in the companies or their representatives with the classification and labelling of the mixtures used in the company concerned. The manufacturer or distributor remains responsible for the classification and labelling of mixtures. The employer also remains responsible for the use of the classification and labelling in the scope of the hazard assessment in accordance with the Hazardous Substance Regulation and the provision of such in operating instructions, for example.
The mixture calculator program is based on the EU CLP Regulation which was promulgated on 31 December 2008, it being amended and supplemented by several regulations, last by the 6th ATP, regulation No. 605/2014 from June 5, 2014.
The mixture calculator should assist the familiarisation of the users in the company with GHS in addition to it especially assisting with the obtaining of a correct classification with regard to mixtures which are made internally, this correct classification forming the basis for numerous occupational safety measures. The classification of the mixture hereby relies to a great degree on the information provided by the user concerning the classification of the ingredients, together with additional information made by the user, depending on the hazard class. The responsibility for the correctness and completeness of this data lies with the chemicals manufacturer or distributor (as far as the data for the used substances is concerned) and with the user himself. If the safety data sheets should not provide adequate information concerning certain aspects, or should the information be contradictory, then the user has a responsibility to obtain all of the required information which is required from the distributor in the scope of his duty to obtain information.
It is expressly pointed out that the body responsible for GisChem provides no guarantee whatsoever concerning the correctness of the classification and labelling which is determined by the mixture calculator. The exclusion of a guarantee and of liability which has validity for GisChem also has full validity here.
BG RCI (the organisation behind GisChem) can only provide assistance to employers or their authorised representatives who use the "GHS converter" module to classify and label the substances or preparations, hereinafter referred to as mixtures, in use at their companies in line with the CLP Regulation. It lies within the responsibility of the chemical manufacturer or distributor to ensure the classification and labelling of substances (mixtures). When using classification and labelling as part of the hazard assessment in line with the GefStoffV (German Ordinance on Hazardous Substances) and quoting them, for example, in operating instructions, responsibility shall also remain with the employer.
The GHS converter program is based on the EU’s Regulation 1272/2008 relating to the CLP Regulation, in particular the translation table in Annex VII and the harmonised classification and labelling list for certain hazardous substances in Annex VI (6. ATP from June 2014). It was not possible to take into account the changes resulting from modified classification criteria in either the translation table or Annex VI, and conversion is not always possible. In such cases, the GHS converter offers possible selections together with helpful information.
The GHS converter is intended to help users at companies familiarise themselves with GHS. Given that the Software can not consider all the criteria and despite the dedication can not exclude errors, the proposed classification and labelling are only from a guidance character.
The risk phrases and symbols entered by the user, the UN number and, possibly, the packing group or classification code plays a key role in the GHS converter's classification and labelling result. This information can normally be found in the safety data sheets. Responsibility for this data being correct and complete lies within the chemical manufacturer or distributor. If the safety data sheets do not contain sufficient information on certain aspects or this information is contradictory, the user is obliged to obtain all the necessary details from chemical distributor in order to ensure that all the necessary information is provided.
Express reference is made to the fact that BG RCI provides no guarantee as to the correctness of the classification and label details provided by the GHS converter. The GisChem disclaimer shall also apply here in its entirety.