Our „General Conditions of Supply and „General Conditions of Erection shall apply to all Contracts concerning work associated with overhaul, repair, servicing, modification, recommissioning and examination (referred to as “Work” hereinafter) in so far as the said conditions are not supplemented or amended by those following.
2. Placing the order
Orders may be placed in writing contract. If major orders are placed verbally, they shall be confirmed in writing by the client.
3.1 The Work shall be performed at the Client’s premises or at our works,
whichever is the more expedient.
If the Work is carried out at the Client’s premises, the Client shall provide our personnel with suitable
workshops facilities and accommodation.
3.2 The object in question will be examined by us to determine the labour and material requirements.
If additional labour and/or material are necessary, they will be provided at Client’s cost without further reference to him, unless he has expressly reserved the right of prior approval.
3.3 Unless otherwise agreed, replaced
part(s) will not be returned.
4.1 The Client shall place at our disposal all available technical documentation
relevant to the object in question.
4.2 The necessary spares shall be obtained by the Client in due time and placed at the disposal of our personnel. We revert the right to reject the parts if not
confirm to our expectancy, quality and origin.
4.3 If necessary, the Client shall arrange for the timely Transport of the object concerned.
Unless otherwise agreed, all information concerning time schedules for the performance of the Work is based on estimates and will not be considered binding
6.1 Unless otherwise agreed, the Work shall be charged according to the time and material expended. This shall also apply to the preparation of technical documentation, examination reports, expertise, evaluation of measurements or the like in connection with the order.
6.2 On request, the Client will be advised of the results of the examination prior to the commencement of the Work. Any statements concerning the expected costs are estimates and shall not be binding.
6.3 Packing material shall be charged at cost and is non-returnable unless otherwise agreed.
6.4 The costs incurred for Transport and storage shall be borne by the Client.
7.1 Unless otherwise agreed, the accumulated costs will be invoiced monthly and shall be paid by the Client within a period of thirty day of the invoice date. We reserve the right to call for part of full payment of the
expected costs in advance.
All payments shall be remitted to our Head Office without any deductions
(cash discount, expenses, taxes, fees, etc.). Payment will be considered fulfilled as soon as the
equivalent amount of Swiss francs or agreed) is made available to us in Germany.
7.2 The Client shall neither withhold payment nor make any deduction whatsoever on the grounds of complaints, claims or counterclaims not recognised by us. Payment shall also be made if, for reasons, beyond our control, the execution of the Work is delayed or prevented.
7.3 If the Client fails to make payment on the agreed date(s), he shall - without formal notice – be liable to pay interest on the overdue amount(s) from the date of due, based on the interest rates in his domicile. Payment of such interest shall not release the Client from his obligation to render payments on the agreed date(s). In the event of late payment, all amounts payable to us shall become due immediately.
We shall be liable for third party personal injury and/or property damage, which may occur during the execution of the Work consigned to us, within the scope of legal liability and customary German third party insurance coverage. However, we shall not be liable for damages to the object concerned and/or any other objects being in our custody or worked upon by us, unless the Client can prove that we have acted with gross negligence. Our liability, including that our agents, personnel or subcontractors, shall be limited to a total amount equivalent to the price of our Work or Euro 1’000’000-, whichever is the smaller.
Any further claims or rights on the part of our Client, especially as to loss of production or profit shall be excluded.
The Client shall, at his own expenses, arrange for the necessary insurance, covering damage to the object concerned.
11.1 We shall either repair or replace, at our discretion and within a reasonable period of time, any part(s) directly worked upon by us or spare parts delivered and fitted within the terms of the Contract that become defective or unserviceable during the period of warranty if this is proved to be the result of poor workmanship or faulty material supplied by us, provided that these deficiencies are notified to us in writing within the warranty period. The cost of transport from and to the Client’s premises as well as of dismantling and re-fitted, shall be borne by the Client.
11.2 The warranty period shall be six months, commencing with the completion of our Work so far, the system (product) is made or procured in our company.
11.3 For Work carried out under warranty, we shall provide warranty to the same extent as for the original Work but not beyond the warranty period of the latter. For non-MIE products, refer also to 11.2.
11.4 Any further claims on the part of the Client about deficiencies shall be excluded.