General Terms and Conditions of Besseler Industrie- und Anlagenservice GmbH
1. General information
Our installations and services are only carried out on the basis of the following terms and conditions, which are deemed to be accepted when an order is placed and are binding for clients, hereinafter referred to as the AG. Our offers are not binding.
The technical data, illustrations, drawings, descriptions, information and prices contained in our printed material and Internet presentations are not binding, unless we agree to them as binding in a particular case.
We reserve ownership and copyright of cost estimates, illustrations, drawings and other documents; these may not be reproduced and made available to third parties without our prior consent. Oral agreements and statements must be confirmed in writing to be effective.
2. Oral and individual contractual agreements
Individual contractual agreements, assurances of characteristics and recommendations for use, installation and repair times and periods require the express confirmation of the management to be effective. An order is considered accepted when it is confirmed by the management.
The prices quoted by us are prices in Euro and without value added tax.
4. Terms of payment
Our invoices are to be paid within 10 days, unless expressly agreed otherwise, without discount and without further deduction. CU shall only be entitled to offsetting and retention rights with counterclaims that are legally established, undisputed or recognised by us.
5. Precautions of CU
CU shall take all precautions and measures at his own expense and risk, both in good time before the start of the installation work and during the duration, with regard to personnel and material, which are necessary for the proper start of the installation work, its execution and proper completion. Unless special instructions are given by us, these shall in all cases include the appropriate structural equipment at the place of work, the provision of the necessary devices, tools, equipment, changing and sanitary facilities and other work aids required for the execution of the assembly work.
6. Additional work due to imminent danger
CU’s approval shall be deemed given for such work which was necessary for the fulfilment of the order and for which CU’s approval could not be obtained due to imminent danger. CU shall be informed about this immediately. As the work is necessary work performed by us, it must be remunerated separately.
If we can foresee that we will not be able to complete the work in time, we shall inform CU immediately. CU shall grant a reasonable extension of the completion period if the delay is due to circumstances for which we are not responsible.
8. Liability for defects
CU shall inspect our services after delivery and, if a defect is found, notify us immediately in writing. If CU fails to give such written notification of defects, the service rendered shall be deemed approved, unless the defect was not recognisable. If such a defect is discovered later, the written notification of defect must be made up immediately, otherwise the service shall be deemed to have been approved even in view of the defect.
If there is a defect in our service for which we are responsible, we are entitled to remedy the defect or to provide a supplementary service. CU can be reasonably expected to make at least two attempts to rectify the defect. Withdrawal from the contract is excluded in case of minor breaches of duty.
Warranty claims are subject to a limitation period of one year, unless mandatory legal regulations exclude this.
9. Limitation of liability
We are liable for our own wilful conduct and our own gross negligence as well as wilful conduct and gross negligence of executive employees. We are further liable for non-compliance with guarantees, for culpable injury to life, body and health and within the scope of the Product Liability Act. We shall be liable on the merits for any culpable breach of material contractual obligations and for gross negligence on the part of our vicarious agents. The amount of liability is limited to the limits of our business liability insurance.
10. Final provisions
The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Gronau.
Deviating terms and conditions of the Customer shall only be binding for us if they have been agreed in writing beforehand, otherwise our silence shall be deemed to be a rejection in any case.
The contractual relationship between the contracting parties shall be governed by German law. Any legal invalidity of individual terms and conditions of business shall not affect the validity of the remaining terms and conditions.