General terms and conditions


 

General terms and conditions (effective: 04/2021)

 1.

1.1 Our deliveries and services are provided exclusively on the basis of the following terms and conditions.
1.2 Terms that are in contradiction of these terms are only valid if they have been accepted by us in writing.
1.3 Our terms also apply to future business, obviating the need to expressly set them out separately in individual cases.

2.

2.1 Our offers and quotations are non-binding. We reserve the right of prior sale.
2.2 To be effective, delivery dates, fixed prices and other assured attributes require our written agreement.
2.3 Delivery delays that are not attributable to us permit us to delay deliveries for the duration of the delays or to withdraw from the contract.
2.4 The prices quoted by us are net prices, excluding legally applicable VAT at the rate in force on the day of delivery.
2.5 Discount deductions are not permitted. We will require the repayment of unjustified discount deductions.

3.

3.1 In the event of faults in the goods we supply or of defective services, we will accept liability to the exclusion of further claims, especially those relating to compensation and consequential damages, in accordance with the BGB (German Civil Code), provided that we are promptly notified of faults in writing.

4.

4.1 All goods supplied are subject solely to extended or prolonged retention of title.
4.2 The ownership of goods supplied will only be transferred to the purchaser once it has settled all accounts resulting from the relevant business transaction.
4.3 In the event that the purchaser sells or disposes of the goods before this date, it must assign to us all debts resulting from the transaction with its customer in the amount of the sums owed to us.
4.4 Consignment goods must be labelled as being our property and stored separately.
4.5 The recipient of our goods or services must immediately inform us of all measures taken by third parties that may endanger our rights (seizures etc).

5.

5.1 The purchaser will bear all additional costs resulting from subsequent changes to the order issued to us.

6.

6.1 German law applies.
6.2 The legal venue is Dorsten.

 

 

Supplement to our General Terms and Conditions for Services (e.g. assembly, maintenance and repair)

Effective: 04/2021

1. Cooperation of the customer

1.1 The customer must ensure at its own cost and risk that our fitters are able to carry out their work. Under consideration of the necessary safety regulations and other preventive measures, it must provide all necessary auxiliary materials and offer the required support, either personally or via its designated representative.

1.2 The customer must ensure that all equipment and conditions required for us to carry out the agreed works are provided punctually and in accordance with regulations. All such equipment, along with all other activities performed in these situations, is always to be provided at the cost of and risk of the customer. These include:

a. Instruction and supervision of our staff in respect of specific safety regulations.
b. Provision of technical equipment and support staff. The contractor assumes no liability for auxiliary staff.
c. Provision of a weatherproof workplace for the period of the services (e.g. assembly or repair) with lighting, heating, electric power and clearance for work involving open flame (welding and cutting). Any necessary additional expenditure may be charged to the customer.
d. Cleaning the vehicle before starting work. Nothing may be stuck to the vehicle. Any necessary additional expenditure may be charged to the customer.
e. The seals on the vehicle's windows and doors must be in perfect condition. Sealants used to seal the cabin must cure as neutrally as possible and have the least possible impact on the environment.
f. Provision of recreation rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid.

1.3 The customer must ensure that the work can start immediately after arrival and be carried out undisturbed until acceptance.

2. Price and payment

2.1 If services, irrespective of type, of more than €5,000 have been provided, the contractor may demand an advance payment.
2.2 Material costs will be invoiced at the current price.
2.3 If invoicing by working hours is agreed, normal working hours are 40 hours per week/8 hours per day. This applies to time spent working, waiting and travelling, as well as the daily time spent travelling between the work site and the accommodation.
2.4 The first two hours of overtime per day, as well as the first two hours worked on a Saturday, are subject to a 25% supplement. For the third and every additional hour of overtime on a working day, as well as the third and every additional hour on a Saturday, the supplement is 50%.
2.5 Work on Sundays and public holidays is possible only in certain emergency cases and subject to special conditions. The tasks to be performed will be carried out by a combination of our own and third party personnel.
2.6 Travel costs are calculated for every kilometre travelled by car or service vehicle. Any further or other types of transport will be invoiced on the basis of receipts.
2.7 For orders that do not require an overnight stay, we will charge the hourly rate; for orders that do require an overnight stay, the daily rate. In the event that the actual overnight accommodation costs exceed the daily rates, these will also be invoiced on the basis of receipts.

3. Non-performable assembly, maintenance or repair work

3.1 Services rendered which are necessary for the submission of a cost estimate or quotation will be invoiced to the customer in return for the corresponding evidence of performance.
3.2 If work cannot be carried out for reasons that can be attributed to the customer, this work will be invoiced to the customer in return for the corresponding evidence of impossibility of performance. This includes cases in which:

a. The reported fault is not reproducible.
b. Replacement parts cannot be procured.
c. The customer fails to meet the agreed deadline.
d. The order is cancelled or changed by the customer less than 24 hours before the agreed deadline or during the execution of the work.

3.3 In the event of a service that cannot be performed, the assembly object will be restored to its original condition only at the express request and expense of the customer, unless the work was not necessary for the fulfilment of the original order.
3.4 If a service is not possible, the contractor will not be liable for damage to the assembly object, for breaches of contractual ancillary obligations and for damage to anything other than the assembly object, regardless of the legal reason cited by the customer.

4. Deadlines and delays

4.1 The details provided of assembly and repair times are based on estimates and are therefore not binding.
4.2 Binding deadlines can be agreed only once the nature and scope of the work on the installation object are known.
4.3 Additional orders placed at a later date will extend the assembly or repair times accordingly.
4.4. A binding deadline will be deemed to have been met if the object of assembly or repair is ready for handover to the customer for a test run.
4.5 If assembly is delayed by force majeure or by the occurrence of circumstances for which the contractor is not responsible, the assembly or repair period will be extended.
4.6 If, as a result of a failure to meet an assembly or repair deadline which has been agreed with binding effect, the customer suffers a delay, the customer will be entitled to claim compensation for delay of 0.5% for each full week of delay, where this sum may not amount to more than 5.0% of the total price for the individual assembly or repair.
4.7 If the contractor allows a deadline set by the customer to expire, taking into account the statutory exceptions for performance, the customer will be entitled to withdraw from the contract in accordance with the statutory provisions. The customer must exercise this right in writing within a reasonable period.

5. Acceptance and claims for defects

5.1 The customer must accept the service Immediately after completion thereof (assembly, repair or similar).
5.2 The contractor is obliged to remedy defects that are not in accordance with the contract, unless the defect is not insignificant for the customer or is due to a circumstance that is attributable to the same.
5.3 The customer may not refuse acceptance on the grounds of an insignificant defect.
5.4 If acceptance is delayed through no fault of the contractor, acceptance will be deemed to have taken place after the expiry of 10 working days.
5.5 With the acceptance of the assembly or repair, the liability for recognisable defects will lapse.
5.6 After acceptance of the assembly or repair, the contractor will be liable, to the exclusion of all other claims of the customer, if it is responsible for remedying the defect. The customer is obliged to notify the contractor immediately in writing of any defects found.
5.7 If the customer or a third party makes changes to the delivered device without the contractor's consent, the contractor will not be liable for any consequences arising therefrom.
5.8 Only if operational safety is endangered or disproportionately serious damage is imminent will the customer be entitled to remedy a defect itself or have it remedied by a third party and to demand reimbursement of costs from the contractor, where a reasonable period of notice must be offered to the contractor in this event.
5.9 The costs of remedying substantiated complaints of defects will be borne by the contractor insofar as this does not impose a disproportionate burden on it.

6. Liability and disclaimer

6.1 The contractor will be liable for damage to the object of the service only up to the amount of the agreed price for the service. The contractor has the choice of repair, resupply or replacement at its own expense.
6.2 For damage away from the object of the service itself, the contractor will be liable, irrespective of the legal ground, only

a. for intent,
b. in the event of gross negligence on the part of the management or operations managers,
c. in the event of culpable injury to life, limb or health,
d. if it has fraudulently concealed a defect,
e. in the context of an agreed warranty,
f. insofar as liability exists under product liability law for personal injury/damage to privately used objects.

6.3 In the event of a culpable breach of material contractual obligations, the contractor will also be liable for the gross negligence of non-executive employees and for minor negligence. In the event of minor negligence, liability will be limited to the damage which is typical of this type of contract and reasonably foreseeable. All other clams are excluded.
6.4 All claims of the customer will become time-barred 12 months after the service has been rendered.

 

 

 

 

 

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Hauser Umwelt-Service GmbH
Rudolf-Diesel-Straße 5
46282 Dorsten
Telephone +49 2151 / 510811
Fax +49 2151 / 541042
E-Mail This email address is being protected from spambots. You need JavaScript enabled to view it.