AGB

2. prices

Our prices are ex warehouse or ex works. They are exclusive of packaging, freight, postage or other charges, expenses and statutory or official fees. The legally due sales tax will be invoiced additionally in the respective valid amount in the event that the prerequisites are met.

3. technical assistance of the purchaser

a)
Unless otherwise agreed, the Purchaser shall be obliged to provide technical assistance at its own expense, in particular

a.a) To carry out all preparatory actions, for example provision of scaffolding work or similar,
b.b) Provision of heating, power and light current, compressed air, water, including the necessary connections,
c.c) Provision of necessary, dry and lockable rooms for the storage of the tools and auxiliary operating materials of the installation personnel,
d.d) To provide suitable theft-proof recreation rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for the installation personnel,
e.e) Provision of such auxiliary materials and performance of all other acts necessary for the adjustment and calibration of the object to be assembled and for the performance of a contractually provided test before,
f.f) Protecting and securing the assembly site and materials from harmful influences of any kind, as well as cleaning assembly site.

b)
The technical assistance of the Purchaser shall ensure that the assembly/disassembly can be started immediately after the arrival of the assembly personnel and can be carried out without delay until the acceptance by the Purchaser. If special plans or instructions are available, these will be made available to us in good time.

c)
If the customer does not comply with his obligations, we shall be entitled, but not obliged, after setting a deadline, to carry out the actions incumbent on the customer in his place and at his expense.

4. assembly/disassembly period

a)
The assembly/disassembly period shall be deemed to have been complied with if the assembly/disassembly work is ready for acceptance by the Purchaser by the time it expires or, in the case of contractually agreed testing, for the performance of such testing.

b)
If the assembly/disassembly is delayed due to force majeure, orders by public authorities or due to measures within the scope of labor disputes, in particular strikes and lockouts, as well as the occurrence of circumstances for which we are not responsible, the assembly/disassembly period shall be reasonably extended. This shall also apply if such circumstances occur after we are already in default.

5. decrease

a)
The Purchaser shall be obliged to accept the assembly/disassembly work as soon as it has been notified of completion and any contractually agreed testing of the disassembled and assembled item has taken place. If there is a non-substantial defect, the Purchaser may not refuse acceptance.

b)
If acceptance is delayed through no fault of our own, acceptance shall be deemed to have taken place two weeks after notification of completion of assembly/disassembly.

c)
If the Purchaser accepts the assembly/disassembly work without reservation, although it is aware of the defect, all rights of the Purchaser to subsequent performance, substitute performance in return for a reduction in expenses and the right to withdraw from the contract shall lapse.

6. claims for defects

After acceptance of the assembly, we shall be liable for defects to the exclusion of all other claims of the customer only in the way that we have to eliminate the defect. The customer shall notify us immediately in text form of any defect detected.

7. disclaimer

a)
If, due to our fault, the assembled and disassembled item cannot be used by the Purchaser in accordance with the contract as a result of omitted or faulty execution of suggestions and consultations made before or after conclusion of the contract as well as other ancillary contractual obligations, the claims for defects pursuant to Clause 6 and the following provisions shall apply – to the exclusion of further claims of the Purchaser.

b)
Unless otherwise stipulated in the contract and by law, we shall only be liable for damage that has not occurred to the assembly/disassembly item itself and for whatever legal reasons, as follows

a.a) in case of intent,
b.b) in the event of gross negligence on the part of the owner/the governing bodies or executive employees,
c.c) in case of culpable injury to life, body or health,
d.d) in the case of defects that were fraudulently concealed,
e.e) within the framework of a guarantee promise in text form.

In the event of gross negligence on the part of our vicarious agents, we shall only be liable to a limited extent for the typical, foreseeable damage, unless we can exempt ourselves from this by virtue of commercial custom. In the event of culpable breach of material contractual obligations, we shall also be liable in the event of gross negligence on the part of non-executive employees and in the event of slight negligence, but limited to the typical, foreseeable damage.

c)
Further claims are excluded. In the event that claims are asserted against us under the Environmental Damage Act or under other comparable public, national or international regulations, the customer shall indemnify us in full in the internal relationship, unless such environmental damage was caused by us intentionally or by gross negligence.

8. obligations of the customer

a)
The Customer shall create all technical prerequisites necessary for the proper and safe execution of the assembly/disassembly order at its own expense and risk and maintain them during the assignment. In particular, the Customer is obliged to keep the goods to be disassembled and assembled available in a condition ready and suitable for the execution of the order. The customer is obliged to specify the dimensions, weights and special properties of the goods to be assembled and disassembled (center of gravity, type of material, etc. as well as suitable supply and attachment points correctly and in good time). The Purchaser shall, without being requested to do so and in good time, draw attention to any special hazardous situations which may arise during the performance of the assembly work with regard to the goods to be assembled and disassembled and the environment (e.g. hazardous goods, contamination damage, etc.).

b)
The customer shall procure the consent of the owners required to drive on third-party property, non-public roads, paths and squares and shall indemnify us against claims by third parties which may arise from unauthorized use of third-party property.

In addition, the Customer shall be responsible for ensuring that the ground, space and other conditions at the assembly site and the access routes, excluding public roads, paths and squares, permit proper and safe execution of the assembly/disassembly order. In particular, the Purchaser shall be responsible for ensuring that the ground conditions at the installation site, any storage and pre-assembly areas, and the access roads are able to withstand the ground pressure and other stresses caused by the installation vehicles and equipment (e.g. cranes, heavy transporters, lifting scaffolds, etc.). Finally, the Purchaser shall be responsible for all information regarding underground cable shafts, utility lines, other underground lines, and voids that could affect the bearing capacity of the soil at the installation site or access roads. The Purchaser shall indicate the location and existence of underground pipes, shafts and other cavities without being requested to do so. If the customer culpably neglects this obligation to notify us, he shall be liable for all resulting damage, including property damage and consequential damage to vehicles, equipment and work devices of ours as well as financial loss.

c)
The customer shall also inform our assembly manager of any existing safety regulations, insofar as these are of significance for the assembly personnel. He is obliged to notify us of any violations of safety regulations by the assembly personnel (e.g. special safety and protective clothing, etc.).

9. statute of limitations

All claims of the purchaser, for whatever legal reasons, shall become statute-barred 12 months after acceptance.

10. compensation of the customer

If, through no fault of ours, the devices and tools provided by us are damaged on the assembly site or if they are lost through no fault of ours, the customer shall be obligated to compensate us for all resulting damages.

11. final provisions

a)
All legal relations between the Purchaser and us shall be governed exclusively by the law on contracts for work and services of the Federal Republic of Germany applicable to the legal relations between domestic parties, even if the place of assembly is located abroad. This also applies to foreign purchasers. The UN Convention on Contracts for the International Sale of Goods is excluded.

b)
Our services are advance services and are not eligible for cash discounts. Our invoices are to be paid immediately after acceptance and receipt of the invoice, unless another payment term was agreed upon when the order was placed. Offsetting or retention is only permissible with undisputed or legally established counterclaims.

c)
The place of jurisdiction is Stuttgart. However, we shall also be entitled to bring an action at the headquarters of the customer.

d)
Should any provision in these Terms and Conditions or any provision within the scope of other agreements be or become invalid or inapplicable in an individual case, the validity of all other provisions or agreements shall not be affected thereby. § Section 139 of the German Civil Code is waived in this respect. In this case, the contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

e)
Insofar as the written form is required for declarations, electronic communication and any other legible form shall be equivalent, provided that it makes the issuer recognizable.

(as of 2021)