General terms and conditions for domestic assemblies (valid from 2006)
1. Scope of application
The general terms and conditions are used vis-à-vis companies, legal entities under public law and special funds under public law.
2. General information
- These assembly conditions apply to assembly, maintenance or other services provided by the contractor, unless deviating agreements are made in individual cases.
- The client agrees to these conditions by accepting without contradiction. Conflicting or deviating conditions of the client will not be recognized unless the contractor has expressly agreed to their validity.
- The contractor reserves title and copyright to samples, cost estimates, drawings and similar documents; these may not be made accessible to third parties. The client undertakes to pass on confidential information and documents from the contractor to third parties only with his consent.
3. Working hours
- The average weekly working time is 40 hours spread over 8.25 hours from Monday to Friday.
- A different distribution of the collectively agreed weekly working time is possible on special request.
- The preparation, travel, waiting and additional working hours, also considered working hours, will be charged to the client accordingly.
4. Wage costs, surcharges, certification
- The working hours within the normal working time on a working day within the framework of the collectively agreed weekly working time are calculated according to the current billing rates of the contractor.
- Overtime surcharges for overtime work, night work as well as Sunday and public holiday work are calculated with the current surcharges of the contractor.
- For work under difficult conditions, in particular in hot or cold or particularly narrow spaces, at particularly dirty assembly sites or on pipelines contaminated with chemicals, the current billing rates of the contractor apply. The same applies to hazard and difficulty surcharges in the assembly inserts.
- If the use of assembly, maintenance or services is delayed through no fault of the contractor, additional expenses such as, failure, waiting and, if necessary, additional travel time will be charged separately. The same applies to flat-rate agreed services.
- The client must confirm the employees of the contractor in writing the working hours spent on the time sheet or the acceptance certificate. In any case, the time sheets completed by the employees of the contractor or Certificates of acceptance are based on the calculations and are decisive for both sides.
- The respective statutory value added tax is borne by the client.
5. Travel expenses, car costs
- The travel expenses will be charged for the round trip from the contractor’s permanent establishment or from the employee’s respective apartment.
- For used company vehicles, the current billing rate of the contractor is calculated per kilometer driven.
- The respective statutory value added tax shall be borne by the issuer.
6. Accommodation costs, trigger
- The accommodation costs will be charged according to the document. The choice of adequate accommodation is reserved exclusively for the contractor or his employees.
- A trigger is charged per day according to the current billing rate for each employee.
7. Participation, services of the client
- In carrying out the assembly, the client must support the staff at his expense.
- The client must take the necessary measures to protect persons and property at the place of use for assembly. He must inform the operations manager about existing special safety regulations, insofar as these are important for assembly personnel. If there are violations of these safety regulations on the part of the assembly staff, the client is obliged to inform the contractor immediately.At his expense, the client is obliged to provide the following technical assistance, in particular to:
a) Provision, if necessary for use, suitable specialist or Assistants who follow the instructions of the operations manager, but for whom the contractor assumes no liability
b) Carrying out all necessary structural and technical work c) Provision of the necessary devices and heavy tools such as Hoists, scaffolding, etc. and the necessary materials such as Lubricants, seals, documents, etc.
d) Provision of heating, water, lighting, etc. including all necessary connections
e) to accommodate the assembly personnel in suitable, thief-proof work or Lounges as well as provision of necessary, dry and lockable rooms for the storage of the tools brought by the assembly staff.
This technical assistance provided by the client must ensure that assembly can begin immediately after the arrival of the assembly personnel and can be carried out without any delay until acceptance by the client. Insofar as special plans or instructions are necessary for the implementation of the assembly, they must be made available by the client in good time. In the event of a breach of these obligations of the client, the contractor is entitled to cancel the work and to assert the damage caused by it. Otherwise, the legal rights and claims of the contractor remain unaffected.
8. Material costs
The materials required for the respective work, e.g. Seals, if they are not already stated in the offer, are listed on the time sheet and invoiced to the customer.
9. Assembly period
- The assembly deadline is met if the assembly is ready for acceptance by the client or a third party designated by the client until its expiry.
- If the assembly period is delayed due to industrial disputes, strikes, lockouts or circumstances that are not the fault of either the contractor or his assembly staff and if these events demonstrably have a significant influence on the completion of the assembly, an appropriate extension of the assembly period shall occur; this also applies if such events occur after the contractor is in default.
- The client is obliged to accept the assembly as soon as he has been notified of its termination. Acceptance is carried out by the client or by a third party designated by the client.Upon acceptance, the proper execution of the services provided is confirmed by a written protocol or by the signature of the client or a third party designated by the client, on the time sheet. With acceptance, the risk passes to the client and the liability of the contractor for recognizable defects no longer applies, unless the client has reserved the right to assert a specific defect. A trial commissioning by the client is also considered acceptance.
- The customer is only entitled to refuse acceptance if the defects notified by him cancel or significantly reduce ordinary or contractually required use, otherwise he is obliged to accept the work subject to rectification of defects.
- If the acceptance is delayed through no fault of the contractor or the assembly staff, acceptance shall be deemed to have taken place after two weeks since the end of the assembly has been notified.
11. Invoicing, payment
- Billing is carried out according to the current billing rates of the contractor after completion of the work on the basis of the actual workload according to the time sheet.
- The contractor reserves the right to make advance payments, interim invoices, advance payments.
- Unless otherwise agreed, the remuneration of the invoice is due immediately after receipt of the invoice.
- The respective statutory value added tax is borne by the client.
- The withholding of payments or offsetting due to any counterclaims of the contractor disputed by the contractor is not admissible.
- Insofar as the client is in arrears with the payment, the contractor is entitled to charge default interest with 5% p.a. above the applicable base interest rate (§ 247 BGB) for the invoice amount due. If the client is not a consumer within the meaning of § 13 BGB, the default interest is 8% above the base interest rate.
12. Claims for defects, warranty
The contractor guarantees the commissioned work in the following way:
- If the customer accepts the assembly despite knowledge of a defect, he is only entitled to warranty claims to the extent described below if he reserves them upon acceptance.
- The warranty period is 12 months, from the date of acceptance.
- Obvious defects must be notified to the contractor in writing immediately after their findings and specified.
- The contractor is not liable if the defect is irrelevant to the interests of the client or is based on a circumstance attributable to the client.
- In the event of changes or repairs of installations that have been carried out improperly or without prior permission, the contractor’s liability for the resulting consequences is waived.
- In order to remedy defects subject to warranty, the client grants the contractor a reasonable repair period. All necessary expenses in the context of supplementary performance shall be borne by the contractor. If there is only an insignificant defect, the client is only entitled to a reduction in the contract price.
- If the rectification fails or the rectification period elapses, the client can withdraw from the contract.
- The elimination of a defect subject to warranty in another specialist workshop requires the prior consent of the contractor. An exception applies to mandatory emergencies in which the contractor must be notified immediately stating the name and address of the specialist workshop. In any case, the client must have an order form recorded stating that it is the execution of an rectification of defects by the contractor and that the parts removed must be kept available to him for a reasonable period of time. The contractor is obliged to reimburse the repair costs demonstrably incurred by the client. The client must work to ensure that the costs of the specialist workshop for rectification of defects are kept as low as possible.
13 Liability, exclusion of liability
- If an assembly part supplied by the contractor or the assembly personnel is damaged during assembly due to the fault of the contractor or the assembly staff, the contractor must repair or re-deliver it at his discretion at his own expense.
- For damage that does not occur to the assembly part or The object of assembly itself, the contractor is liable, for whatever legal reasons, only:
a) in case of intent
b) in case of gross negligence of the owner or executive
c) in case of culpable injury to life, body, health
d) in the case of defects that he fraudulently concealed or whose absence he has guaranteed
e) insofar as liability is made according to the Product Liability Act for personal injury or property damage to privately used objects
3. In the event of culpable violation of essential contractual obligations, the contractor is also liable for gross negligence of non-executive employees. Further claims are excluded.
§ Xlll. Limitation period
All claims of the client, for whatever legal reasons, expire in 12 months. The statutory deadlines apply to claims for damages according to Section Xll. 2 a – e.
14. Compensation of the client
If the equipment or tools provided by the contractor are damaged on the assembly site through no fault of the contractor or the assembly staff or if they are lost through no fault of the contractor or the assembly personnel, the client is obliged to compensate for these damages.
15. Place of performance, choice of law, place of jurisdiction
- Place of performance is the place to which the repair item is to be delivered according to the order.
- The law of the Federal Republic of Germany applies exclusively to all legal relationships between the contractor and the client, which is decisive for the legal relationships between domestic parties. UN Convention on Contracts for the International Sale of Goods is hereby excluded.
The place of jurisdiction is the court responsible for the registered office of the contractor. However, the contractor is entitled to file an action at the client’s headquarters.
16. Severability clause, partial ineffectiveness
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remaining contract. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. § 139 BGB does not apply.