General service terms and conditions of J.G. WEISSER SÖHNE GmbH & Co. KG
I. Terms and conditions of repair and installation
1. Application of the terms and conditions
The following terms and conditions apply for all installation- and repair services, training courses, (also called “Orders“ in the following), which we provide for the buyer beyond our warranty for delivered goods. If an undisputed order acknowledgement is available, this one is decisive for the contents of the contract and the scope of the repair. Supplements and alterations of the contract require the written acknowledgement of the contractor. Deviating terms and conditions of the buyer do also not apply if we do not object separately once again in the individual case.
2. Preparation- and cooperation obligations of the buyer
1. The buyer must prepare the installation- resp. repair site in compliance with the existing accident prevention regulations and other official safety regulations in a way that the execution of the order can start without delay after the arrival of our personnel. Technical assistance as- for example – cranes, forklifts etc. must also be provided by the customer.Plans or information which are required for the execution of the order have to be provided on demand in due time before the start of the work.
2. The buyer must support the assembly personnel at the execution of the assembly at its own expense.
3. If the buyer does not meet its preparation- and cooperation obligations, we are entitled to, however, not obligated to, carry out the measures to be performed by the buyer in its stead and at its expense. .Incidentally our legal claims and rights remain unaffected.
3. Periods of installation and repair
1. Installation- resp. repair periods which are bindingly agreed are extended in case of force majeure and other events for which we do not have to account for, as e.g. failures of all kinds, difficulties with the procurement of materials, strikes and lock-outs, by the duration of the hindrance plus an appropriate start-up period. This applies also if the buyer does not meet its preparation- and cooperation obligations; incidentally our legal rights remain unaffected. The costs resulting from the delay bears the buyer in all these cases, unless the events according to sentence 1 occur at our place, especially in our plant or at our suppliers.
2. If we fall behind with the execution of the order, we are only liable in accordance with clause 8 of these conditions.
3. The use of our service personnel is effected according to our choice, especially as for the qualification of the individual employee with regard to the concrete subject matter of the contract. the personnel as well as tools which are possibly required shall only be called up if all preparations for the execution of the work are finished.
1. The buyer is obligated to accept the installation resp. repair as soon as it was given notice of the termination thereof.
2. The buyer may not refuse the acceptance if a defect he complains about is not significant and we expressly approve the responsibility to remove it.
3. If the acceptance is delayed due to reasons for which we are not responsible or if it is refused by the buyer contrary to section 4.2., so it is considered as occurred after three weeks since notification of the termination of the order.
4. With the acceptance our liability for defects which are known by the buyer or which are obvious is omitted, no matter of which legal basis, as far as the buyer did not reserve the right in the acceptance report to enforce a certain defect. Our liability for intent remains unaffected.
1. The order is invoiced in accordance with the field service rates of the contractor according to the expenditure of time if there is no other written agreement. All prices and payment rates are net, if appplicable plus statutory value added tax.
Travel times and waiting periods are considered as working time. After termination of the order, however, at the end of each working week at the latest, the costs for working time incurred incl. the potential waiting period must be confirmed on the service order by the buyer. This written confirmation is binding for the buyer.
Surcharges for extra work, weekend work and work on public holidays are invoiced. Overtime, night-, Saturday-, Sunday work and work on public holidays may only be performed by our personnel on specific request of the buyer.
In case of work (at disassemblies/retrofits etc.) at very dirty machines we invoice a charge for dirty
work. The accomodation allowances are invoiced per working day.
2. The travelling expenses of the service personnel (incl. the costs of transport and transport insurance of the personal luggage, as well as of the tools carried along and shipped) are invoiced according to the expenses. This also includes possible costs for visa, as well as for required medical inspections and insurances, also dues, securities and other payments at international traffic.
Unless otherwise agreed the costs for travelling by train 2nd category (incl. surcharges) or costs for travelling by air for the service personnel are invoiced. When using a car mileage allowance is invoiced according to the rates which are currently valid. The selection of the respective means of transport falls to us as contractor.
If the accomodation is more than 2 km away from the site, the daily fares and daily transit times are invoiced as travel times.
3. In case of service assignments for several weeks our assembly personnel is entitled to paid trips home on weekends. At international flights outside Europe separate agreements are made for paid intermediate trips home. In case the assembly personnel does not make use of the trip home to which it is entitled to finish the service on site early, we invoice a surcharge per weekend.
4. If the buyer requires a remote diagnosis outside the warranty period this is with costs and is invoiced according to our service rates in force. Our remote diagnosis personnel confirms the respective log-ons and log-offs at the machines.
5. Service invoices are payable immediately after date of the invoice strictly net, unless otherwise agreed in writing.
6. We reserve the right to change our service rates at any time.
7. The offsetting with or the retention for any counterclaims of the buyer is only admissible if these are undisputable or established as final and absolute.
6. Reservation of title
1. We reserve title to all of the parts which we delivered and installed until all service-and/or repair invoices are paid in full.
1. In case of a defective installation resp. repair we will remove the defects at our discretion by means of rectification or new execution. If these measures fail the buyer may reduce the payment proportionally or withdraw from the contract. The buyer is only entitled to claims for damages in accordance with paragraph 8. Paragraph 4.4. remains unaffected.
2. The repair of goods delivered by Weisser does not result in renewing a warranty obligation for these goods which was already expired.
3. The warranty period is 12 months.
4. We do not grant any guarantee resp. warranty for spare parts which were installed by the buyer himself.
1. Claims for damages – no matter for which legal ground – are excluded. This exclusion does not apply, as far as intentional or grossly negligent acts are involved or whether it is a matter of breach of essential contractual obligations on our part.
2. As far as we are liable based on the merits according to paragraph 1, the liability is excluded
a) for claims for damages due to non-fulfillment, as far as replacement of indirect- or consequential damages is requested;
b) for damages which are not typical for the contract and which are foreseeable;
c) for damages which can be controlled by the buyer;
d) for damages as far as they exceed ten times the price for the service-resp. repair costs.
3. The preceding disclaimers and restrictions apply in the same extent in favor of our legal representatives, other institutions, chief executives or non-chief executives and other assistants.
4. Claims according to the Product Liability Act or due to personal injury remain unaffected.
9. Court of jurisdiction
Court of jurisdiction for all disputes arising from and in connection with the installation resp. the repair is the office of the contractor, at our discretion also the office of the buyer. Legal exclusive courts of jurisdiction remain unaffected.
10. Severability clause
If one of the preceding provisions should be ineffective, in whole or in part or if the contract has a loophole, the ineffective provision or the loophole will be replaced by a regulation which is acceptable for both contractual parties ( which comes as close as possible to the desired loophole.)
II. Terms and conditions for the delivery of spare parts
The following terms and conditions are exclusively valid for all quotations and deliveries if there are no other agreements made in writing overleaf.
1. Quotations and orders
Our quotations are subject to change. A contractual relationship is concluded not until the order is confirmed in writing. Verbal agreements and agreements by phone come into legal force not until we confirm them in writing.
The prices are ex works, packing excluded.
3. Terms of payment
The prices are in Euro.
The payments are due:
a) within 14 days with 2% discount,
b) within 30 days strictly net, from date of invoice.
4. Delivery time
The delivery time begins as soon as all details of the execution are clarified and both parties agreed about all conditions of the business and refers to the completion in the plant.
Claims for damages due to delay in delivery remain excluded in any case. Unforeseen events which are beyond our will resp. beyond the will of the sub-supplier, as well as force majeure extend the delivery time adequately, partial deliveries are admitted.
We choose the mode of dispatch if there is no special instruction indicated in the order.
With regard to spare part deliveries and repairs claims may only be made within 10 days after receipt of the goods. For orders which were placed according to samples the dimension and design indicated in our order acknowledgement still have to be checked. If we do not receive any contrary information within 8 days, claims at a later date are excluded.
5. Passing of risk
The risk passes to the buyer with the dispatch ex works, also if delivery freight paid was agreed.
Insurances against transport damages are only made upon request and at the expense of the buyer.
6. Reservation of title
The goods remain our property until they are fully paid.
7. Place of performance and jurisdiction
The plant is place of performance for payment and delivery. For all disputes arising from the contractual relationship suit has to be filed at the court which is responsible for the business location of the supplier.
8. Redemption conditions
The deadline for returning goods is 8 days from receipt of the merchandise considering our redemption conditions.
Spare parts with a value of goods of less than €100,00 are generally excluded from the return.
Spare parts which are custom-made products are generally excluded from the return.
Returns can only be accepted after previous agreement and with the WEISSER order-resp. invoice number.
The return must be delivered carriage paid.
After inspection and approval by WEISSER the customer gets a credit note considering our redemption conditions.
With preparation of the credit note merchandise which was taken back becomes completely our property.
Freight costs which were invoiced cannot be cancelled, solely in case of a wrong delivery.
For the return we invoice a restocking fee of 10% of the net value of the goods and min. € 100,00.
In case of a wrong delivery and similar a restocking fee is not charged.
The terms and conditions of the VDMA resp. VDW are additionally valid.