Terms & Conditions

 

 

3.2 If before the repair is carried out a cost estimate with binding pricing method is desired, this must be expressly requested by the customer. Such a cost estimate is only binding when given in writing, and designated as binding. A charge will be made for cost estimates; the costs incurred will be taken into account when the order is placed and carried out. 

 

 

 

 

 

 

4.1 The contractor is entitled to request on conclusion of the contract that a reasonable prepayment should be made. 

 

4.2  If the repair is carried out on the basis of a binding cost estimate, reference to the cost estimate shall suffice, whereas differences in the scope of work carried out shall be specially indicated. 

 

4.3 Value Added Tax (VAT) will be charged in addition at the respective legal rate, to be paid for by the customer. 

 

4.4 Any correction to the invoice on the part of the contractor and any objection on the part of the customer must be submitted in writing at the latest four weeks after date of receipt of the invoice. 

 

4.5 Settlement is due and payable on acceptance and submission or dispatch of the invoice, without deduction; 30 days after receipt of the invoice, the customer falls into arrears. The default interest for the year amounts to eight (8) percentage points above the bank base interest rate (section 288 BGB - German Civil Code). 

 

4.6 Retention of payments or offsetting against counter-claims of the customer which are disputed by the contractor are not permitted. 

 

4.7 For deliveries abroad, it is agreed that performance of payment and delivery shall be contemporaneous; the same applies for performance to third parties for third parties. 

 

 

 

 

 

5.1 Delivery is carried out carriage paid by the contractor and at his own expense. For special requirements (export) the customer bears the costs of special delivery. The customer bears the costs of transport when a cost estimate is not accepted. 

 

5.2 The customer bears the risks of transport when he performs the transport or has the transport carried out by a third party. 

 

5.3 At the customer's wish and at his expense, the outward and as applicable the return transport will be insured against the usual insurable transport risks, e.g. theft, breakage or fire. 

 

 

 

 

 

6.1  Details given for times of repair are based on best estimates and are therefore not guaranteed. 

 

6.2 The customer may only request the agreement of a binding repair time, which must then be designated as such in writing, when the exact extent of the work to be carried out is known, subject also to correct and punctual receipt of deliveries by ourselves. 

 

6.3 If the customer suffers a loss caused by delay on the part of the contractor, he is entitled to claim compensation for the delay, such claim excluding all and any other claim. This amounts to 0.5% for each full week of delay, up to a maximum total of 5% of the repair price. 

 

6.4 The binding repair time is deemed to be observed when the item to be repaired is ready for acceptance by the customer before its expiry.. 

 

6.5 In the case of orders placed later and of extensions to orders, or where additional repair work has to be undertaken, the agreed repair time is extended accordingly. 

 

6.6 If the repair is delayed within the framework of an industrial dispute, in particular by strike or lock-out, and the incidence of circumstances for which the contractor is not responsible, then to the extent that such obstacles can be demonstrated to have essential impact on completion of the repair, there shall be a reasonable extension of the repair time, this also applying in circumstances in which the contractor has already fallen into arrears. 

 

 

 

 

 

7.1 The customer is under an obligation to accept the item to be repaired as soon as he is notified that the repairs are completed. If the repair has not been completed in accordance with the contract, the contractor is under an obligation to correct the fault. This does not apply when the fault does not adversely affect the customer's interests and the functionality of the item to be repaired, or has come about for reasons which are ascribed to the customer. If a minor fault is present, the customer cannot refuse acceptance provided the contractor expressly acknowledges his obligation to correct the fault. 

 

7.2 If acceptance is delayed through no fault of the contractor's, the acceptance shall be deemed to have been completed on the expiry of two weeks after notification that the repairs have been finished. 

 

7.3  Place for performance of service is the head office of the contractor. 

 

 

 

 

 

8.1 The contractor retains title to major accessory items, spares and replacement parts and units until receipt of all monies due under the repair contract. More extensive security agreements may also be made. 

 

8.2 The contractor acquires a right of lien on the item for repair belonging to the customer which has come into his possession through the repair agreement in respect of his outstandings. The right of lien may also be exercised in respect of outstandings arising from work performed earlier, spare parts deliveries and other services, to the extent that they are also connected with the item to be repaired. For other claims arising from the business relationship, the right of lien only applies where they are not under dispute, or are legally effective. 

 

 

 

 

 

9.1 After acceptance of the item to be repaired the contractor is liable for faults in the repair including the lack of specifically-assured properties, which arise within six months of its acceptance, subject to the exclusion of all other claims of the customer, irrespective of the provisions in sections 9.6. and 10, in that he is under an obligation to correct the faults. The customer must notify any fault identified to the contractor in writing without delay. His right to make a claim for the fault is limited to six months from the time of acceptance. When a fault is detected, it is the customer's responsibility to deliver the item to be repaired to the contractor for reworking. The same applies in the case of sales of second-hand equipment. 

 

9.2 The period of liability for faults will be extended by the period out of service caused by reworking the item to be repaired. 

 

9.3 The contractor's liability does not apply when the fault is immaterial to the customer's interests or arises due to circumstances for which the customer is responsible. 

 

9.4 The contractors liability shall lapse in respect of the consequences of any unworkmanlike repairs undertaken without the contractor's prior consent on the item to be repaired either by the customer or by third parties. Only in cases of urgency, such as risks to operational safety or to avert disproportionately greater loss, in which events the contractor is to be notified immediately, or when the contractor is already in arrears with correcting the fault, has the customer the right to correct the fault himself or to have it corrected by third parties, and to claim reimbursement of the necessary costs from the contractor. 

 

9.5 Provided the complaint proves to have been justified, of the costs directly incurred by the repair, the contractor shall bear the costs of the replacement part including carriage charges, as well as reasonable costs of dismantling and rebuilding, and further, if according to the circumstances of the individual case this can justifiably also be claimed, the costs of providing his technicians and support staff as necessary. Apart from this, the customer bears the costs. 

 

9.6 If the contractor is responsible for permitting a reasonable period of grace, set for him to correct a fault, to expire without result, the customer shall be entitled to abatement of a maximum of 5% of the price of the repair. The customer's right to abatement also applies in other cases of unsuccessful attempts to correct the fault. Only when the repair, despite the abatement, is demonstrably of no interest to the customer, can the customer cancel the agreement after giving due notice.