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Terms of Service
GENERAL
1. The following general terms and conditions (GTC) are aimed at commercial customers of Fluid-Tech Pipelines Construction GmbH and thus at entrepreneurs.
2. Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or independent professional activity.
3. Fluid-Tech GmbH reserves its unrestricted ownership and copyright exploitation rights to cost estimates, drawings and other documents (hereinafter: documents). The documents may only be made accessible to third parties with the prior consent of Fluid-Tech GmbH and, if the order is not placed with Fluid-Tech GmbH, it must be returned immediately upon request. Sentences 1 and 2 apply accordingly to the customer's documents; however, these may be made accessible to third parties to whom Fluid-Tech GmbH has permitted deliveries.
4. The terms and conditions refer to the deliveries of the company Fluid-Tech GmbH and their assembly.
SCOPE
1. The offer, the order and the contractual relationship are based exclusively on our General Terms and Conditions. These General Terms and Conditions also apply to all future transactions between the contracting parties without the need for renewed reference to the General Terms and Conditions.
2. Deviating, conflicting or supplementary terms and conditions, even if they are known, are not part of the contract unless their validity is expressly agreed to in writing.
CONCLUSION OF CONTRACT
1. Our offers and drafts are always non-binding. We are bound to the prices offered for a period of 3 weeks after the submission of the offer. Statements of any kind by the assembly personnel are only binding for Fluid-Tech GmbH if they are confirmed in writing by Fluid-Tech GmbH.
2. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared in writing to the customer.
3. With the order, the customer makes a binding declaration that he wants to purchase the assembly according to the offer and the drafts. Changes to the assembly work resulting from subsequent requests by the customer or structural deviations on the part of the customer are at the expense of the customer.
4. The confirmation of receipt can be combined with the declaration of acceptance
5. The contract is concluded subject to correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier. The customer will be informed immediately about the non-availability of the service. The consideration will be refunded immediately.
DELIVERY TIME / DELAY
1. Adherence to the agreed delivery date presupposes the fulfillment of all contractual obligations by the customer, in particular the existence of all documents, approvals, confirmations, etc. If these requirements are not met in good time, the deadlines are extended appropriately; this does not apply if Fluid-Tech GmbH is responsible for the delay.
2. If non-compliance with deadlines is due to force majeure, e.g. mobilization, war, riot, or similar events, e.g. B: Strike, lockout, the deadlines are extended appropriately.
3. At the request of Fluid-Tech GmbH, the customer is obliged to declare within a reasonable period of time whether he is withdrawing from the contract due to the delay in assembly or whether he insists on assembly.
1. Adherence to the agreed delivery date presupposes the fulfillment of all contractual obligations by the customer, in particular the existence of all documents, approvals, confirmations, etc. If these requirements are not met in good time, the deadlines are extended appropriately; this does not apply if Fluid-Tech GmbH is responsible for the delay.
2. If non-compliance with deadlines is due to force majeure, e.g. mobilization, war, riot, or similar events, e.g. B: Strike, lockout, the deadlines are extended appropriately.
3. At the request of Fluid-Tech GmbH, the customer is obliged to declare within a reasonable period of time whether he is withdrawing from the contract due to the delay in assembly or whether he insists on assembly.
RIGHT OF WITHDRAWAL
1. Permanent disruptions to operations due to force majeure, official intervention, strikes, lockouts or catastrophes entitle Fluid-Tech GmbH to withdraw in whole or in part from contracts that have not yet been fulfilled.
2. If unforeseeable events significantly change the economic importance or the content of the installation; or have a significant impact on the operation of Fluid-Tech GmbH, the contract will be adjusted appropriately, taking good faith into account. If this is not economically justifiable, Fluid-Tech GmbH has the right to withdraw from the contract. If Fluid-Tech GmbH intends to make use of this right of withdrawal, Fluid-Tech GmbH must inform the purchaser of this immediately after recognizing the scope of the event, even if an extension of the installation was initially agreed with the purchaser.
3. In such cases, Fluid-Tech GmbH undertakes to inform the customer immediately.
1. Permanent disruptions to operations due to force majeure, official intervention, strikes, lockouts or catastrophes entitle Fluid-Tech GmbH to withdraw in whole or in part from contracts that have not yet been fulfilled.
2. If unforeseeable events significantly change the economic importance or the content of the installation; or have a significant impact on the operation of Fluid-Tech GmbH, the contract will be adjusted appropriately, taking good faith into account. If this is not economically justifiable, Fluid-Tech GmbH has the right to withdraw from the contract. If Fluid-Tech GmbH intends to make use of this right of withdrawal, Fluid-Tech GmbH must inform the purchaser of this immediately after recognizing the scope of the event, even if an extension of the installation was initially agreed with the purchaser.
3. In such cases, Fluid-Tech GmbH undertakes to inform the customer immediately.
COMPENSATION
1. The installation price offered is binding. Unless otherwise expressly agreed in writing, the assembly/maintenance price is EXW Grenzach-Wyhlen plus statutory sales tax.
2. The deduction of cash discount requires a special written agreement.
3. Unless otherwise stated in the order confirmation, the invoice amount is due for payment immediately without deduction. The customer is in default after a reminder or 30 days after the due date of the claim. The default interest is 8% above the base rate of the ECB according to § 1 DÜG.
4. The customer only has the right to offset if his counterclaims have been legally established or recognized by us.
5. The assignment of the rights or the transfer of the obligations of the customer from the assembly and maintenance contract are not permitted without our written consent.
1. The installation price offered is binding. Unless otherwise expressly agreed in writing, the assembly/maintenance price is EXW Grenzach-Wyhlen plus statutory sales tax.
2. The deduction of cash discount requires a special written agreement.
3. Unless otherwise stated in the order confirmation, the invoice amount is due for payment immediately without deduction. The customer is in default after a reminder or 30 days after the due date of the claim. The default interest is 8% above the base rate of the ECB according to § 1 DÜG.
4. The customer only has the right to offset if his counterclaims have been legally established or recognized by us.
5. The assignment of the rights or the transfer of the obligations of the customer from the assembly and maintenance contract are not permitted without our written consent.
ASSEMBLY
Unless otherwise agreed in writing, the following provisions apply to assembly:
1. The customer must take over at his own expense and order in good time:
a) Obtaining the official approvals for the installation and operation of systems (commercially used heating systems are subject to registration and approval according to the operational safety regulations),
b) All earthwork, construction, electrical, MSR, insulation and other ancillary work including the required specialists and assistants, building materials and tools, the items and materials required for assembly and commissioning, such as scaffolding, hoists and others Appliances, fuel and lubricants, service rooms, smoke outlets, power and water at the point of use including connections, heating and lighting.
c) at the assembly site for the storage of machine parts, apparatus, materials, tools, etc., sufficiently large, suitable, dry and lockable rooms and appropriate work and recreation rooms for the assembly personnel, including sanitary facilities appropriate to the circumstances; Otherwise, the customer must take all measures to protect the property of Fluid-Tech GmbH and the assembly personnel on the construction site that he would take to protect his own property,
d) assistants to be provided for the assembly personnel according to agreement,
e) Protective clothing and protective devices that are required due to special circumstances at the assembly site.
2. Before the start of the assembly work, the customer must provide the necessary information about the location of concealed electricity, gas, water lines or similar systems without being asked.
3. Before the start of installation or assembly, the supplies and objects required for the work to start must be available at the installation or assembly site and all preparatory work before the start of assembly must have progressed so far that the installation or assembly has started as agreed and carried out without interruption can be. Access routes and the installation or assembly site must be leveled and cleared.
4. If the installation, assembly or commissioning is delayed due to circumstances for which Fluid-Tech GmbH is not responsible, the customer must bear the reasonable costs for waiting time and additional travel required by the assembly personnel.
5. Upon request of Fluid-Tech GmbH, the customer must immediately certify the duration of the working hours of the assembly personnel and the completion of the installation, assembly or commissioning. The customer confirms the correctness of the received services with his signature.
6. If the ordering party is not satisfied with the working methods of the assembly personnel, the assembly department of Fluid-Tech GmbH must be informed immediately by telephone with subsequent written confirmation and additional monitoring of the construction site must be requested.
7. If Fluid-Tech GmbH requests acceptance of the installation after completion, the customer must do this within one week. If this does not happen, acceptance is deemed to have taken place. Acceptance is also deemed to have taken place when the system has been commissioned.
Unless otherwise agreed in writing, the following provisions apply to assembly:
1. The customer must take over at his own expense and order in good time:
a) Obtaining the official approvals for the installation and operation of systems (commercially used heating systems are subject to registration and approval according to the operational safety regulations),
b) All earthwork, construction, electrical, MSR, insulation and other ancillary work including the required specialists and assistants, building materials and tools, the items and materials required for assembly and commissioning, such as scaffolding, hoists and others Appliances, fuel and lubricants, service rooms, smoke outlets, power and water at the point of use including connections, heating and lighting.
c) at the assembly site for the storage of machine parts, apparatus, materials, tools, etc., sufficiently large, suitable, dry and lockable rooms and appropriate work and recreation rooms for the assembly personnel, including sanitary facilities appropriate to the circumstances; Otherwise, the customer must take all measures to protect the property of Fluid-Tech GmbH and the assembly personnel on the construction site that he would take to protect his own property,
d) assistants to be provided for the assembly personnel according to agreement,
e) Protective clothing and protective devices that are required due to special circumstances at the assembly site.
2. Before the start of the assembly work, the customer must provide the necessary information about the location of concealed electricity, gas, water lines or similar systems without being asked.
3. Before the start of installation or assembly, the supplies and objects required for the work to start must be available at the installation or assembly site and all preparatory work before the start of assembly must have progressed so far that the installation or assembly has started as agreed and carried out without interruption can be. Access routes and the installation or assembly site must be leveled and cleared.
4. If the installation, assembly or commissioning is delayed due to circumstances for which Fluid-Tech GmbH is not responsible, the customer must bear the reasonable costs for waiting time and additional travel required by the assembly personnel.
5. Upon request of Fluid-Tech GmbH, the customer must immediately certify the duration of the working hours of the assembly personnel and the completion of the installation, assembly or commissioning. The customer confirms the correctness of the received services with his signature.
6. If the ordering party is not satisfied with the working methods of the assembly personnel, the assembly department of Fluid-Tech GmbH must be informed immediately by telephone with subsequent written confirmation and additional monitoring of the construction site must be requested.
7. If Fluid-Tech GmbH requests acceptance of the installation after completion, the customer must do this within one week. If this does not happen, acceptance is deemed to have taken place. Acceptance is also deemed to have taken place when the system has been commissioned.
REMUNERATION FOR INSTALLATION SERVICES
1. Unless otherwise stated in the order confirmation, the remuneration for the assembly services is agreed according to expenditure.
2. The working hours confirmed by the customer on the daily or weekly reports as well as the surcharges for travel expenses, travel and waiting times, expenses, accommodation, travel expenses as well as freight and luggage transport costs, telephone and fax costs will be charged.
3. The assembly invoices are due immediately upon receipt without any deduction. The customer is in default after a reminder or 30 days after the due date of the claim. The default interest is 8% above the base rate of the ECB according to § 1 DÜG.
GUARANTEES
The customer does not receive guarantees in the legal sense from Fluid-Tech GmbH. Manufacturer guarantees remain unaffected.
TESTING OBLIGATIONS OF THE CUSTOMER
1. Irrespective of the provisions of § 377 HGB, obvious defects must be reported to Fluid-Tech GmbH in writing within a period of two weeks after installation. The time of dispatch is decisive for keeping the deadline. Any warranty claims based thereon are excluded after this period has expired. This does not apply in cases of malice of the seller.
OTHER CLAIMS
1. Claims for damages and reimbursement of expenses by the customer (hereinafter: claims for damages), regardless of the legal basis, are excluded in the event of negligent breach of minor contractual obligations and tortious acts. In the event of a negligent breach of essential contractual obligations, liability is limited to the foreseeable damage that is typical for the contract.
2. Insofar as Fluid-Tech GmbH's liability is excluded or limited, this also applies to the personal liability of employees, employees, employees, legal representatives and vicarious agents of Fluid-Tech GmbH.
FINAL PROVISIONS
1. The law of the Federal Republic of Germany applies. The regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation shall be replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany, no place of residence, or a usual place of residence is not known at the time the action is filed.
Fluid-Tech Pipeline Construction GmbH
Grenzach-Wyhlen, as of 2022
1. Unless otherwise stated in the order confirmation, the remuneration for the assembly services is agreed according to expenditure.
2. The working hours confirmed by the customer on the daily or weekly reports as well as the surcharges for travel expenses, travel and waiting times, expenses, accommodation, travel expenses as well as freight and luggage transport costs, telephone and fax costs will be charged.
3. The assembly invoices are due immediately upon receipt without any deduction. The customer is in default after a reminder or 30 days after the due date of the claim. The default interest is 8% above the base rate of the ECB according to § 1 DÜG.
GUARANTEES
The customer does not receive guarantees in the legal sense from Fluid-Tech GmbH. Manufacturer guarantees remain unaffected.
TESTING OBLIGATIONS OF THE CUSTOMER
1. Irrespective of the provisions of § 377 HGB, obvious defects must be reported to Fluid-Tech GmbH in writing within a period of two weeks after installation. The time of dispatch is decisive for keeping the deadline. Any warranty claims based thereon are excluded after this period has expired. This does not apply in cases of malice of the seller.
OTHER CLAIMS
1. Claims for damages and reimbursement of expenses by the customer (hereinafter: claims for damages), regardless of the legal basis, are excluded in the event of negligent breach of minor contractual obligations and tortious acts. In the event of a negligent breach of essential contractual obligations, liability is limited to the foreseeable damage that is typical for the contract.
2. Insofar as Fluid-Tech GmbH's liability is excluded or limited, this also applies to the personal liability of employees, employees, employees, legal representatives and vicarious agents of Fluid-Tech GmbH.
FINAL PROVISIONS
1. The law of the Federal Republic of Germany applies. The regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation shall be replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany, no place of residence, or a usual place of residence is not known at the time the action is filed.
Fluid-Tech Pipeline Construction GmbH
Grenzach-Wyhlen, as of 2022
