This translation is provided for information only. The German version is legally binding. Deutsche Fassung
We carry out assembly work only on the following conditions, unless otherwise expressly agreed in writing. General conditions of the Purchaser shall not be binding on us, even if we do not object to them. The assembly service covers the installation of the system supplied by us and also the instruction of the persons specified by the Customer who are subsequently to operate and maintain the system.
Our information on the start and duration of assembly is approximate and non-binding. Contractual penalties for delay and claims for damages on account of delayed performance of assembly work are excluded. Events of force majeure and operational disruptions of all kinds, strikes and lockouts entitle us to extend the assembly period; where necessary, we are also entitled in such cases to return the order in whole or in part. In this case, the Purchaser shall have no claim to compensation.
Our assembly offers are subject to change. An order placed shall only be deemed accepted upon our written confirmation. We are entitled to commission third-party companies to carry out the assembly work in whole or in part.
Our invoices are due and payable at the net amount immediately upon receipt. All prices are exclusive of value added tax. We invoice at our rates applicable at the relevant time, i.e. at the time the assembly is carried out, for wages, field allowances, outward and return travel and for surcharges (overtime, work on public holidays); travel, waiting and commuting hours count as working hours.
Where fixed prices have been expressly agreed in writing in an individual case, these fixed prices are subject to the following reservations:
The fixed price agreement shall not apply
in the case of design changes made only after the price has been fixed,
in the case of deviations from the documents, information and drawings provided,
in the case of uneven floors and walls that cause considerable additional work,
where fixing of the structures was intended, in the case of buildings, masonry, floors, pillars, beams, etc. that are not suitable for fixing,
if delays occur because the premises have not been prepared, or have been prepared incompletely, by the Purchaser,
in the case of difficulties in carrying out the assembly caused by on-site conditions,
in the case of delays not caused by us resulting from the late provision of materials and auxiliary materials.
The following are not included in the fixed prices and will in all cases be invoiced separately:
all working time arising from in-plant transport of materials,
all waiting times,
masonry and chiselling work,
all auxiliary materials (fixing materials, tension wires, building materials, etc.), insofar as these materials do not form part of our delivery.
The Purchaser shall in all cases assume at its own expense and provide in good time:
assistants in accordance with the arrangements made,
auxiliary materials and building materials, insofar as these are required for fixing the systems,
heating, lighting, water and power, including the connections required for assembly,
dry, lockable rooms suitable for storing the material and tools for the fitters,
the Purchaser shall also obtain any permit required for work on Sundays and public holidays. If the Purchaser fails to comply with this obligation, we shall be entitled, but not obliged, to carry out the action incumbent upon the Purchaser in its place and at its expense.
When assembly work begins, the required delivery parts must be on site; all preparatory work must have been completed so that installation can begin immediately after the fitters arrive and the work can be carried out without delay. If circumstances arise on the site through no fault of our own that prevent rapid assembly, the Purchaser shall bear all costs for waiting times and for any journeys of the fitters that may become necessary.
After completion of the assembly, the Purchaser shall certify the fitters' working time on the time sheets to the best of its knowledge. If such verification and certification is omitted, the Purchaser shall to that extent lose the right to object to the statement of costs.
Immediately after completion of the systems, the Purchaser shall inspect and accept them. Assembly defects must be notified in writing within 2 weeks of completion of the work. Obvious defects, in particular deviations from the specified dimensions, must be notified no later than on the day the assembly is completed. Where necessary, a load test shall be carried out before commissioning. We shall not be liable for damage resulting from failure to carry out this test.
If the assembly has been carried out defectively and the Purchaser has given notice of the defects in good time, we will remedy the defects identified. All further warranty claims and claims for damages are excluded. The Purchaser is not entitled to withhold all or part of the assembly price on account of any defects.
All warranty claims shall become time-barred one month after our written rejection, and at the latest 6 months after completion of the assembly.
All claims for damages asserted against us by the Purchaser, irrespective of the legal grounds, are limited to the value of the assembly.
All payments shall be made directly to us. Bills of exchange will only be accepted by express agreement, subject to the discount charges applicable at the relevant time. Where bills of exchange drawn on secondary places or abroad are accepted, we assume no liability for timely presentation and protest. All costs incurred shall be borne by the buyer. Credits for bills of exchange and cheques are always subject to receipt, with value date as of the day on which we can dispose of the equivalent amount.
If the Purchaser is in default of payment, we will charge interest at a rate of 2% above the discount rate of the Bundesbank applicable at the relevant time.
The goods delivered shall remain our property even after payment of the purchase price until our assembly invoices have been settled in full. The buyer shall bear the risk of accidental loss and accidental deterioration of the goods even while the retention of title continues.
If the Purchaser is a registered merchant (Vollkaufmann), the place of jurisdiction shall be the Amtsgericht Karlsruhe (Local Court of Karlsruhe), irrespective of the amount in dispute.
Unless otherwise provided in these provisions, the conditions of the VOB in its latest version shall be deemed to have been agreed on a supplementary basis.
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