General Terms and Conditions of Besseler Industrie- und Anlagenservice GmbH

1. general
Our installations and services are only provided on the basis of the following terms and conditions, which are deemed to have been accepted when the order is placed and are binding for the customer, hereinafter referred to as the client. Our offers are non-binding.

The technical data, illustrations, drawings, descriptions, information and prices contained in our printed matter and Internet presence are non-binding unless we agree them as binding in each individual case.

We reserve the right of ownership and copyright to cost estimates, illustrations, drawings and other documents; these may not be reproduced or made accessible to third parties without our prior consent. Verbal agreements and declarations require written confirmation to be effective.

2. verbal and individual contractual agreements
Individual contractual agreements, assurances of properties and recommendations for use, installation and repair times and deadlines require the express confirmation of the management to be effective. An order is deemed to have been accepted when it is confirmed by the management.

3. prices
The prices quoted by us are prices in euros and exclusive of VAT.

4. Terms of payment
Unless expressly agreed otherwise, our invoices are payable within 10 days without discount and without further deduction. The Customer shall only be entitled to set-off and retention rights with counterclaims that are legally established, undisputed or recognized by us.

5. precautions to be taken by the client
The Customer shall take all precautions and measures necessary for the proper start of the installation work, its execution and proper completion at its own expense and risk, both in good time before the start of the installation work and during its duration with regard to personnel and materials. Unless special instructions are given by us for this purpose, this shall in all cases include the appropriate structural equipment of the work site, the provision of the necessary devices, tools, equipment, changing and sanitary facilities and other work aids required for the performance of the assembly work.

6. additional work due to imminent danger
The Client’s consent shall be deemed to have been given for such work that was necessary to fulfill the order and for which the Client’s consent could not be obtained due to imminent danger. The client must be informed of this immediately. As these are necessary services performed by us, they shall be remunerated separately.

7. Deadlines
If we can foresee that we will not be able to complete the work on time, we shall inform the Customer immediately. The Customer shall grant a reasonable extension of the completion deadline if the delay is due to circumstances for which we are not responsible.

8. Liability for defects
The Customer must inspect our services after delivery and, if a defect is found, notify us immediately in writing. If the Customer fails to notify us of the defect in writing, the service rendered shall be deemed approved unless the defect was not recognizable. If such a defect becomes apparent at a later date, the written notification of defects must be made without delay, otherwise the service shall be deemed to have been approved even in view of the defect.

If there is a defect in our performance for which we are responsible, we shall be entitled to remedy the defect or provide a supplementary performance. As a rule, the customer can be reasonably expected to make at least two attempts to rectify the defect. Withdrawal is excluded in the case of insignificant breaches of duty.

Claims for defects shall become time-barred after one year, unless mandatory statutory provisions exclude this.

9. limitation of liability
We are liable for our own intentional behavior and gross negligence as well as intentional behavior and gross negligence of executive employees. We are also liable for non-compliance with guarantees, culpable injury to life, limb and health and within the scope of the Product Liability Act. We are 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 shall be Gronau.

Deviating terms and conditions of the Customer shall only be binding for us if this has been agreed in writing in advance, otherwise our silence shall in any case be deemed to be a rejection.

The contractual relationship between the contracting parties shall be governed by German law. Any legal invalidity of individual terms and conditions shall not affect the validity of the other agreements made.