- en
For use vis-à-vis
1. a person who, at the time of conclusion of the contract, is acting in the exercise of his commercial or independent professional activity (entrepreneur)
2. legal entities under public law or a special fund under public law.
(1) If an uncontradicted written order confirmation is available, it shall be authoritative for the content of the contract and the scope of the repair.
If the object to be repaired is not supplied by the Contractor, the Customer shall point out any existing industrial property rights with regard to the object; provided that the Contractor is not at fault, the Customer shall indemnify the Contractor against any claims of third parties arising from industrial property rights.
1. the services rendered for the purpose of submitting a cost estimate as well as the further expenses incurred and to be substantiated (troubleshooting time equal to working time) shall be invoiced to the customer if the repair cannot be carried out for reasons for which the contractor is not responsible, in particular because
2. the object of repair need only be restored to its original condition at the express request of the customer against reimbursement of the costs, unless the work carried out was not necessary.
(3) In the event that the repair cannot be carried out, the Contractor shall not be liable for damage to the object to be repaired, the breach of ancillary contractual obligations and for damage that has not occurred to the object to be repaired itself, irrespective of the legal grounds on which the Customer relies.The Contractor shall, however, be liable in the event of intent, gross negligence on the part of the owner/the executive bodies or senior employees and culpable breach of material contractual obligations. In the event of culpable breach of material contractual obligations, the Contractor shall be liable - except in cases of intent and gross negligence on the part of the owner/the organs or executive employees - only for reasonably foreseeable damage typical for the contract.
1. as far as possible, the Customer shall be given the estimated repair price when the contract is concluded, otherwise the Customer may set cost limits.
If the repair cannot be carried out at these costs or if the Contractor deems it necessary to carry out additional work during the repair, the Customer's consent shall be obtained if the stated costs are exceeded by more than 15%. 2.
2. if a cost estimate with binding price estimates is desired before the repair is carried out, this must be expressly requested by the customer. Unless otherwise agreed, such a cost estimate shall only be binding if it is submitted in writing. It shall be remunerated. The services rendered for the submission of the cost estimate shall not be charged to the customer insofar as they can be utilized in the execution of the repair.
(1) The Contractor shall be entitled to demand a reasonable advance payment upon conclusion of the contract.
2. when calculating the repair, the prices for parts used, materials and special services as well as the prices for labor, travel and transport costs shall be shown separately in each case. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate shall suffice, whereby only deviations in the scope of services shall be listed separately. 3.
3. value added tax shall be charged additionally to the customer at the respective statutory rate.
4. any correction of the invoice on the part of the contractor and any complaint on the part of the customer must be made in writing no later than four weeks after receipt of the invoice.
5. payment shall be made without discount upon acceptance and handing over or sending of the invoice.
6. the withholding of payments because of possible counterclaims of the customer disputed by the contractor is not admissible.
7. the set-off because of any counterclaims of the customer disputed by the contractor from other legal relationships is not admissible.
(1) The Customer shall support the repair personnel in carrying out the repair at its own expense.
2. the customer shall take the special measures necessary for the protection of persons and property at the repair site. He shall also inform the repair manager of existing special safety regulations, insofar as these are of importance for the repair personnel. He shall notify the Contractor of any violations of such safety regulations by the repair personnel. In the event of serious violations, the Contractor may, in consultation with the repair manager, deny the violator access to the repair site. 3.
3. the customer is obliged to provide technical assistance at his own expense, in particular to:
(a) provide the necessary suitable assistants in the number and for the time required for the repair; the assistants shall follow the instructions of the repair manager. The Contractor shall not assume any liability for the assistants. If a defect or damage has occurred due to the instructions of the repair manager, the provisions of Sections X and XI shall apply accordingly.
b) Carrying out all construction, bedding and scaffolding work including procurement of the necessary building materials.
c) Provision of the necessary equipment and heavy tools as well as the necessary commodities and materials.
d) Provision of heating, lighting, operating power, water, including necessary connections.
(e) Provision of necessary dry and lockable rooms for storage of repair personnel's tools.
f) Protection of the repair site and materials from harmful influences of any kind, cleaning of the repair site.
g) Provision of suitable, theft-proof recreation rooms and work rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for the repair personnel.
h) Provision of materials and performance of all other actions necessary for the adjustment of the object of repair and for the performance of a contractually agreed test. 4.
4. the Customer's technical assistance must ensure that the repair can be started immediately after the arrival of the repair personnel and carried out without delay until acceptance by the Customer. If special plans or instructions of the Contractor are required, the Contractor shall provide them to the Customer in due time.
5. if the customer does not fulfill his obligations, the contractor is entitled after setting a deadline, but not obliged, to carry out the actions incumbent on the customer in his place and at his expense. Otherwise, the Contractor's statutory rights and claims shall remain unaffected.
(1) Unless otherwise agreed in writing, transport of the object of repair to and from the Contractor at the Customer's request - including any packaging and loading - shall be carried out at the Customer's expense, otherwise the object of repair shall be delivered by the Customer to the Contractor at the Customer's expense and collected by the Customer from the Contractor after the repair has been carried out.
2. the Customer shall bear the transport risk.
3. at Customer's request, the outward and, if applicable, the return transport shall be insured against insurable transport risks, e.g. theft, breakage, fire.
There shall be no insurance cover during the repair period at the Contractor's works. Customer shall ensure that the existing insurance coverage for the object of repair is maintained, e.g. with regard to fire, tap water, storm and machine breakage insurance. Insurance cover for these risks can only be procured at the express request and expense of the customer. 5.
In the event of Customer's delay in taking delivery, Contractor may charge storage fees for storage in its works. The object to be repaired can also be stored elsewhere at the discretion of the Contractor. The costs and risk of storage shall be borne by Customer.
1. the information on repair periods is based on estimates and is therefore not binding.
2. the agreement of a binding repair period, which must be designated as binding, can be demanded by the customer only when the scope of the work has been precisely determined.
(3) The binding repair period shall be deemed to have been complied with if, by the time it expires, the object to be repaired is ready for acceptance by Customer or, in the case of a contractually stipulated trial run, for its performance.
4. in the case of additional and extension orders placed at a later date or in the case of necessary additional repair work, the agreed repair period shall be extended accordingly. 5.
(5) If the repair is delayed due to measures within the scope of labor disputes, in particular strikes and lockouts, as well as the occurrence of circumstances for which Contractor is not responsible, the repair period shall be reasonably extended insofar as such hindrances are proven to have a significant influence on the completion of the repair.
If the Customer suffers damage as a result of the Contractor's delay, the Customer shall be entitled to demand a lump-sum compensation for the delay. It shall amount to 0.5% for each full week of delay, but in total not more than 5% of the repair price for that part of the item to be repaired by Contractor which cannot be used in time due to the delay.
If the Customer sets the Contractor - taking into account the statutory exceptions - a reasonable deadline for performance after the due date and if the deadline is not met, the Customer shall be entitled to withdraw from the contract within the framework of the statutory provisions. He undertakes to declare within a reasonable period of time at the request of the Contractor whether he will exercise his right of withdrawal. Further claims due to delay shall be determined exclusively in accordance with Section XI. 3 of these Terms and Conditions.
(1) Customer shall be obligated to accept the repair work as soon as it has been notified of its completion and any contractually stipulated testing of the object of repair has taken place. If the repair proves not to be in accordance with the contract, the Contractor shall be obliged to remedy the defect. This shall not apply if the defect is insignificant for the interests of Customer or is due to a circumstance attributable to Customer. If the defect is insignificant, the Customer may not refuse acceptance. 2.
If acceptance is delayed through no fault of the Contractor, acceptance shall be deemed to have taken place after two weeks have elapsed since notification of completion of the repair.
(3) Upon acceptance, the Contractor's liability for identifiable defects shall cease, unless the Customer has reserved the right to assert a specific defect.
(1) The Contractor shall retain title to all accessories, spare parts and replacement units used until receipt of all payments under the repair contract. Further security agreements can be made. 2.
2. the contractor shall be entitled to a lien on the customer's object of repair which has come into his possession on the basis of the contract because of his claim from the repair contract. The lien may also be asserted on account of claims arising from work carried out earlier, deliveries of spare parts and other services, insofar as they are connected with the object to be repaired. The right of lien shall only apply to other claims arising from the business relationship insofar as these are undisputed or have become res judicata.
1. after acceptance of the repair, the Contractor shall be liable for defects of the repair to the exclusion of all other claims of the Customer without prejudice to No. 5 and 6 and Section XI in such a way that it shall remedy the defects. The Customer shall immediately notify the Contractor in writing of any defect discovered.
The Contractor shall not be liable if the defect is insignificant for the interests of the Customer or is based on a circumstance attributable to the Customer. This applies in particular with regard to parts provided by the customer. 3.
(3) In the event of any improper modifications or repair work carried out by the Customer or third parties without the prior consent of the Contractor, the Contractor shall not be liable for the resulting consequences. Only in urgent cases of danger to operational safety and to prevent disproportionately large damage, in which case the Contractor must be notified immediately, or if the Contractor - taking into account the statutory exceptions - has allowed a reasonable period of time set for it to remedy the defect to expire fruitlessly, shall the Customer have the right within the framework of the statutory provisions to remedy the defect itself or have it remedied by third parties and to demand reimbursement of the necessary costs from the Contractor. 4.
(4) In the event of a justified complaint, the Contractor shall bear the direct costs arising from the rectification of the defect, insofar as this does not result in a disproportionate burden on the Contractor.
(5) If the Contractor - taking into account the statutory exceptions - allows a reasonable period of time set for him to remedy the defect to expire fruitlessly, the Customer shall have a right of reduction within the framework of the statutory provisions. Only if the repair is demonstrably of no interest to the customer despite the reduction, the customer may withdraw from the contract.
6. further claims shall be determined exclusively in accordance with section XI.3 of these terms and conditions.
(1) If parts of the object to be repaired are damaged through the fault of the Contractor, the Contractor shall, at its option and at its expense, repair them, deliver new parts or provide replacements. The costs to be incurred for this shall be limited to the contractual repair price in the case of slight negligence and gross negligence of non-executive employees. In addition, liability for damage to the object to be repaired shall be in accordance with Section XI.3. 2.
2. if the object to be repaired cannot be used by Customer in accordance with the contract as a result of culpably omitted or faulty suggestions or advice given by Contractor before or after conclusion of the contract, or as a result of culpable breach of other ancillary contractual obligations - in particular instructions for operation and maintenance of the object to be repaired - the provisions of Sections X and XI.1 and XI.3 shall apply to the exclusion of further claims by Customer.
3. for damages which have not occurred to the object of repair itself, Contractor shall only be liable - for whatever legal reasons - in the following cases
a. in the case of intent,
b. in the case of gross negligence on the part of the owner/the organs or executive employees,
c. in the case of culpable injury to life, body, health,
d. in the case of defects which he has fraudulently concealed, e. within the scope of a guarantee promise,
f. insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used objects.
In the event of culpable breach of material contractual obligations, the Contractor shall also be liable in the event of gross negligence on the part of non-executive employees and in the event of slight negligence, in the latter case limited to the reasonably foreseeable damage typical for the contract.further claims shall be excluded.
All claims of the customer - for whatever legal reasons - shall become statute-barred after 12 months. The statutory periods shall apply to claims for damages under Section XI. 3 a-d and f. If the Contractor performs the repair work on a building and thereby causes its defectiveness, the statutory periods shall also apply.
If, during repair work outside the Contractor's works, the devices or tools provided by the Contractor are damaged at the repair site through no fault of the Contractor or if they are lost through no fault of the Contractor, the Customer shall be obliged to compensate for such damage. Damage attributable to normal wear and tear shall not be taken into account.
(1) All legal relations between the Contractor and the Customer shall be governed exclusively by the law of the Federal Republic of Germany applicable to the legal relations between domestic parties.
The place of jurisdiction shall be the court responsible for the Contractor's registered office. However, the Contractor shall be entitled to bring an action at the Customer's principal place of business.