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§ 1 General Provisions
§ 2 Quotations
§ 3 Prices
§ 4 Conditions of Payment
§ 5 Delivery Time, Impediments of Delivery
§ 6 Passing of Risk
§ 7 Installation and Assembly
The following provisions shall apply to any kind of installation and assembly unless otherwise agreed in writing:
a) Customer shall at its own costs arrange for timely:
b) Preceding installation or assembly all parts required for a start of the works have to be available and the preliminary works must be completed so that our staff can start working upon arrival.
c) If the installation, assembly or commissioning is delayed by circumstances not attributable to us, the customer has to pay for the costs caused including any travelling expenses of the staff.
d) The customer is further obliged to give a written certificate to our staff regarding the conclusion of the installation or assembly immediately.
e) We are not liable for the labour of our assembly personell and any other third persons if the work is not connected with the delivery, the installation or assembly or if it has been carried out upon request of the customer.
If the Installation or assembly is invoiced separately, the following provisions shall apply:
a) travelling expenses, costs of transport of tools and baggage
b) daily allowances for the working hours, for holidays and days of rest.
§ 8 Reservation of Title
§ 9 Customer’s Rights in the Event of Faults
§ 10 Limitations of Liability, Damages
§ 11 International Business Dealings
a) Liability for delivery of replacement goods according to Art. 46 CISG is only accepted when the non-compliance with the conditions of delivery represents a material breach of contract.
b) Early deliveries are possible contrary to Art. 52 CISG.
c) If interest is to be paid according to Art. 78 CISG, the rate will be in accordance with the prevailing German interest rate. This amounts to 8 per cent above the base rate according to s 247 BGB (German Civil Code).
§ 12 Place of Performance and Jurisdiction
§ 13 Data protection
We are entitled to store, to transmit, to modify, and to delete customer’s personal data. The customer is hereby given notice pursuant to s. 26 BDSG (German Statute regarding the Protection of Data).