Terms and Conditions for Services and Delivery Parts
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Terms and conditions for services and delivery parts supplied by DAMBACH Lagersysteme GmbH & Co. KG §1 These terms and conditions apply to services and spare parts supplied by DAMBACH Lagersysteme GmbH & Co. KG, or "DLS" for short. These terms and conditions shall apply exclusively. Conflicting or diverging Customer provisions shall not be deemed valid, unless we have explicitly consented to these in writing. Our terms and conditions shall apply, even if we unconditionally supply a particular service or delivery to the Customer while we are aware of conflicting or diverging provisions. out of this failure or breach, including any additional expenditure. We reserve the right to further claims. 4. If additional deliveries or changes with respect to the services or goods supplied are occasioned by the Customer, the delivery date or period shall be postponed or extended by at least the time required to execute these deliveries or changes. If we fail to deliver on time and the Customer suffers a loss as a result, the Customer has the right to demand lump sum compensation for the delay. This lump sum shall amount to 0.5 % of the value of the delayed (agreed) goods or services for each full week of delay, but no more than 5 % of this value. In the absence of another agreement being made with the Customer, these terms and conditions shall be held to apply to current and all future business transactions until our new terms and conditions come into force. Our terms and conditions apply to businesses as defined in the German Civil Code (BGB) Section 14 and to legal persons or special funds under public law. Bids - Bidding documents Unless otherwise agreed, our bids shall be deemed non-binding. The Customer is bound to honor any order placed. We can accept the offer included in the order as defined in Section 145 German Civil Code within six weeks of our receipt. The contract comes into effect with either our written order confirmation or the completion of the order. Our written order confirmation shall determine the terms of the contract. Both damage claims due to delayed services and damage claims in lieu of the service that exceed the limits set forth in the previous paragraph are excluded, in all cases of delayed delivery, even if a delivery deadline set by us has expired. The above shall not apply in cases of mandatory liability involving deliberate misconduct, gross negligence or injury to life, body or health, or in connection with the provisions of the German product liability act ("Produkthaftungsgesetz"). 6. The work document shall be used as the reference for billing on a time and material basis. Once the work is completed, the work document shall be presented to the Customer for signing off. Traveling expenses for the return journey and expenses incurred during the journey shall be added at a later stage. If neither the Customer nor a Customer's appointed representative is available to sign the work document when presented, the details recorded by our staff shall apply without the Customer's signature, provided that the Customer is supplied with a copy of the work document forthwith and does not object to the details thus recorded within a week of receiving the document. The Customer is obliged to make the system available to our staff at the agreed time and for the period required to perform services. We shall charge the Customer for any unnecessary delays or travel costs incurred to us, with reference to our price list. The Customer is obliged to provide our staff with information about the system and to make available all relevant documentation. The Customer is obliged to inform our staff thoroughly on safety and plant regulations that apply in the factory before they start work, in addition to alerting them of any health risks. The Customer shall assist our staff in all measures designed to avert risks. The Customer shall provide our staff with any special protective equipment or clothing required, free of charge and in perfect working order. Our staff may use changing rooms, hygiene facilities, break rooms, and the canteen free of charge. In emergencies, a trained first aid provider shall be available to assist our staff. The Customer shall nominate a contact person for us who has the authority to make binding decisions. This person shall inform us immediately in the event of company closure, change in address or nomination of a new contact person, or if there is a change to the company name or corporate form. Unless otherwise agreed, the Customer shall bear the costs for removing all replaced lubricants and parts and for removing and refitting all covers, guards etc. provided by the Customer. The Customer is obliged to make available operating staff with expert system skills and staff who are thoroughly familiar with the plant who can obtain any information, material or auxiliary devices required to carry out the work, or source any assistance required at no charge. The Customer is obliged to provide, free of charge, all working equipment required to comply with the Customer's accident prevention regulations at the site of the particular system being worked on, e. g. appropriate and tested raised platforms and tools. Unless otherwise agreed, our services shall be billed on a time and material basis with reference to our current price list. Customer's obligations to cooperate At our request, the Customer shall state within a reasonable period whether the services or deliveries are to proceed in the case of a delay and/or which rights or claims the Customer wishes to exercise. The Customer will be charged for any late changes to services or goods occasioned by the Customer. Belated change requests that can no longer be satisfied shall not diminish the Customer's obligation to accept and pay for the goods or services. The Customer shall only be legally entitled to rescind the contract if we are responsible for the delay in services or delivery items. The foregoing provisions do not imply a change in the burden of proof. Journey and travel times shall be billed according to the hourly rates, and overtime rates if applicable. Journeys by car will be billed on a km rate in accordance with our price list. We shall bill the Customer for the actual costs of journeys to and from the destination, as recorded in the work document. We shall also charge for additional journeys required to deliver services and goods, for example to obtain materials, or travel within the company's premises. Unless otherwise agreed, hotel expenses shall also be billed upon proof of actual expenditure. All prices are net, plus the legal VAT rates applicable on the invoicing date. For services and deliveries less than a net value of 50,-- € we will charge a lower quantity-surcharge in accordance with the valid price list. Payment is due in full immediately upon receipt of invoice. Staggered weekly invoices may be issued. The Customer shall make available the electrical supply and other supply networks (e.g. compressed air) and bear the cost of these. For modification orders incorporating a defined delivery share, we shall be entitled to bill for the delivery share in advance, if the date agreed to carry out the order is postponed for reasons for which we are not responsible. Unless otherwise agreed, the Customer shall provide and pay for all oils, cleaning agents, wear materials and replacement parts if necessary as described in the relevant operating manual and specifications. If the Customer fails to execute the order on time, we shall not be obliged to perform the services as scheduled. The Customer shall give us reasonable notice if we are required to order directly from third parties to fulfil certain obligations to cooperate, for example, for purchasing materials. We will invoice the relevant orders separately. The Customer shall only be entitled to set off amounts if the Customers' counterclaims have become final, are uncontested or acknowledged by us. Furthermore, the Customer is only entitled to exercise a right of retention, insofar as the counterclaim is based on the same contractual relationship. In the event of delayed payment, we shall be entitled to charge interest at the current bank rates for overdraft loans. Period for performing services and supplying goods Law pertaining to hours of work The period specified by us for performing services and supplying goods shall commence once all technical questions have been clarified. Our staff is obliged to perform certain hours of work in accordance with a wage agreement - up to 10 hours a day if required. Our compliance with our obligation to perform services and deliver goods shall also be conditional on the Customer duly complying with the Customer's obligations in good time. We reserve the right to defense of non-performance of contract. Longer hours of work are subject to approval from the competent supervisory bodies. The Customer is obliged to seek authorization from the competent supervisory authority for longer hours of work, as we cannot verify whether or not the scheduled work would qualify as an exception. The Customer is obliged to observe the labor law provisions. If the Customer fails to accept delivery when offered or is culpably in breach of other obligations to co-operate, we shall be entitled to claim for damages arising