Röhm - Vices Č. 2271 - Strana 147
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Textová verze Röhm - Vices Strana 147
General Service Terms (ASB) of RÖHM GmbH, Sontheim 10.2 The customer undertakes to accept our services under this contract immediately after the report that they have been completed. Upon request he has to declare their acceptance in writing towards our employees or vicarious agents insofar as there is no essential defect. This is carried out by the signing of the service report. 10.3 Our services shall be deemed as accepted free of defects with the re-commencement of the operational use of the maintained or repaired product, in particular for production purposes, if no defects have been previously reported by the customer. 11. Cost details and cost estimate 11.1 The creation of the cost estimates is liable to costs if the execution of the repair is not approved. 11.2. The costs for a cost estimate amount to the flat rates fixed in the current price list. 11.3 If the repair cannot be carried out at these costs or if our employees or vicarious agents consider the execution of additional work to be necessary during the repair the customer’s consent is to be obtained if the stated costs are exceeded by more than 15%. 12. Remuneration, maturity and terms of payment 12.1 Insofar as not otherwise agreed and there is no warranty case our services are to be remunerated according to the actual work requirement pursuant to our respectively valid general price lists. The time required by our employees will be settled in time sections of 15 min. In addition to the time required for the work that is to be performed in these cases the customer will pay the travelling and waiting times, overtime surcharges, expenses, travelling and accommodation costs as well as the costs of spare parts, materials subject to wear and tear and consumables and replacement part sets according to our prices lists or in line with the offer. 12.2 Insofar as a flat rate remuneration was agreed for a service package, our work and travelling costs and expenses are thus covered, not however the costs for waiting times, overtime at the customer’s request, spare parts, materials subject to wear and tear and consumables, replacement parts sets as well as other accessories. Our work for if applicable necessary repairs is to be remunerated separately by the customer according to Subclause 12.1. 12.3 The prices for our services can be derived from the respective price list valid upon conclusion of the contract and are deemed ex works plus value added tax. The calculation basis for the remuneration is the one-shift operation, i.e. a use of the products up to 160 hours in a calendar month. A surcharge to the list price of 50% is charged for the two-shift operation, a surcharge of 100% for the three-shift operation. The above two rates shall only apply to the service packages described under Subclause 5.. If the customer requests assignments outside of our normal working hours (Mo - Fr, 6:30 am - 6:30 pm, a max. of 7 h per day) surcharges will be calculated according to the respective valid price list. 12.4 If our personnel and material costs are increased then we are entitled to adjust the contractual prices after the expiry of the first year up to a maximum of 5% above the price of the previous year. Price changes will be announced to the customer at least one month before the new contractual prices come into force. The customer is entitled to terminate the contract effective as of the time at which the new price would become valid for him for the first time. 13. Transport and insurance with the repair in the plant of RÖHM GmbH 13.1 The object for repair will be delivered by the customer to us at his costs together with the repair and service form and after execution of the repair collected by the customer again or return to him at the customer’s costs. 13.2 The customer shall bear the risk of transport. 13.3 At the customer’s request a shipment carried out by us will be insured at the customer’s costs against the insurable transport risks, e.g. theft, breakage and fire. 13.4 No insurance cover exists during the repair time in our plant. The customer has to ensure the maintenance of the existing insurance cover for the object of repair e.g. with regard to fire, pipe water, storm and machine breakage insurance. Insurance cover can only be procured for these risks at the explicit wish and costs of the customer. 13.5 In case of delay of the customer with the take-over we can charge a storage fee for the storage in our plant. The object of repair can also be stored otherwise at our discretion. The costs and risk of the storage during the delay shall be for the expense of the customer. 14. Repair deadline 14.1. The details concerning the repair deadlines are based on estimates and merely serve for the purpose of information and first orientation. They are therefore not binding unless this is explicitly agreed. 14.2. The agreement of a binding repair deadline, which must be described as binding, can only be requested by the customer if the scope of the work has been precisely determined. 14.3. The binding repair deadline will have been adhered to if by the time that it expires the object of repair is ready for take-over by the customer, in the event of a contractually envisaged testing ready for its execution. 14.4. In case of subsequently placed additional and extension orders or with necessary additional repair work the agreed repair deadline will be extended accordingly. 14.5. If the repair is delayed due to measures within the scope of industrial disputes, in particular strike and lock-out as well as the occurrence of circumstances, which were not caused by us, a reasonable extension to the repair deadline will occur insofar as such impediments have as proven a substantial influence on the completion of the repair; this shall also apply if such circumstances occur after we are in default. 15. Ban on offsetting and assignment; subcontractors 15.1 The customer is only entitled to offsetting in the event of undisputed claims or claims which have been declared final and binding. This shall not apply if the customer asserts claims in the reciprocal relationship, in particular claims for defects. 15.2 The assignment of rights of the customer from contractual relationships with us presumes our prior consent in order to be valid. This shall not apply insofar as Section 354 a HGB [German Commercial Code] applies. 15.3 We are entitled to use third parties in order to fulfil our contractual obligations. 16. Reservation of title 16.1 The goods delivered by us shall remain our property until the payment of all of our claims against the customer, no matter for what legal grounds, also future ones. In case of current account the afore-mentioned property shall be deemed as security for our balance claim. 16.2 The customer may only sell within the framework of his customary business transactions and neither pledge, nor assign the goods as collateral. The customer hereby assigns us for security of our payment claims against him, in the amount of the value of our delivery and service, all claims with all secondary rights, which he acquires against his buyer owing to such a sale. 16.3 As long as the property has not yet been assigned, the customer has to inform us immediately in writing if the delivered object is attached or is exposed to other interventions of third parties. Insofar as the third party is not in the position to reimburse us the court and out-of-court costs of an action according to Section 771 ZPO [German Code of Civil Procedure] the customer shall be liable for the loss incurred to us. 16.4. We undertake to release the securities to which we are entitled at the customer’s request insofar as their value exceeds the claims which are to be secured by more than 20 %.” 17. Warranty 17.1 Insofar as the creation of a work has been agreed and thus the law governing contracts for work and services applies the following shall apply: If our services are faulty then we are first of all entitled and obliged to subsequent satisfaction according to Section 634 No. 1 BGB. If the subsequent satisfaction finally fails the customer can according to Section 634 No. 3 cancel the contract or reduce the remuneration and according to Section 634 No. 4 BGB request damages. Claims of the customer for reimbursement of expenses according to Section 634 No. 2 BGB (self-execution) are excluded. Subclause 18 shall apply to claims for damages. 17.2 Insofar as we provide planning services without executing these and thus the law governing service contracts applies (e.g. in the event of a breach of our duties under Subclauses 5.2.1, 5.2.2 and 5.2.3) the following applies: If our services are faulty then we are first of all entitled and obliged to subsequent improvement. If the subsequent improvement finally fails the customer is entitled to damages according to Subclause 18. 17.3 Excluded from the warranty are damages as a result of natural wear and tear, faulty maintenance – insofar as we have not carried out this maintenance as per contract, failure to comply with operating equipment regulations, excessive use, unsuitable operating equipment, chemical or electrolytic influences, faulty construction and assembly work of third parties as well as other causes, for which we are not responsible. 17.4 The warranty shall lapse if the customer or third party makes changes or repairs to our services /products without our prior written consent unless the defect is not a result thereof. 17.5 Claims of the customer owing to defects of quality and title shall become statutebarred with the expiry of 12 months after the acceptance of the work or the knowledge of defects with the provision of planning services. 18. Liability 18.1 We shall be liable to an unlimited extent in case of wilful intent and gross negligence as well as with the injury to life, the body and the health as well as with the culpable breach of essential contractual obligations. Deemed as essential are such contractual obligations, the fulfilment of which makes the proper execution of the contract possible at all and the compliance with which the contractual partner may as a rule rely and depend on. 18.3 Incidentally our liability is excluded. 18.4 A liability according to the Product Liability Act remains unaffected. 18.5 The personal liability of our legal representatives and vicarious agents is limited as our own liability according to the afore-mentioned provisions. 19. Term of the contract; termination 19.1 Service agreements according to Subclause 5. shall come into force when signed by both parties and shall initially apply until the end of the calendar year, that follows the year in which the contract was concluded. The contractual relationship will subsequently be extended respectively by one further year unless it is terminated by one of the parties with a period of notice of 3 months to the end of the second or a following year. Contractual relationships can be terminated on the whole or only with regard to individual products. 19.2 The right to the extraordinary termination for an important reason remains unaffected. 20. Place of jurisdiction; applicable law 20.1 With all disputes ensuing from the contractual relationship if the orderer is a merchant, a legal entity under public law or a special fund under public law, the action is to be filed at the court that has jurisdiction for our headquarters. We are also entitled to file an action at the headquarters of the orderer. 20.2 The legal relationship is subject to the law of the Federal Republic of Germany. German international private law and the Viennese Convention of the United Nations concerning Contracts for the International Sale of Goods (CISG) will not apply. RÖHM GmbH 89565 Sontheim (Germany) Status: October 2015
Legální problémy
Nabídka je zaměřena výhradně na firemní zákazníky, společnosti, veřejné instituce a živnostníky. Všechny ceny v katalozích jsou bez DPH, poštovného a příplatků, pokud li existují.
Výrobce je výhradně zodpovědný za obsah, cenu a detaily produktů a nabídek uvedených v katalozích. Technické a optické změny výrobce a chyby jsou vyhrazeny.
Výrobce je výhradně zodpovědný za obsah, cenu a detaily produktů a nabídek uvedených v katalozích. Technické a optické změny výrobce a chyby jsou vyhrazeny.