General Terms and Conditions for Work Services (AWB)
1. scope, form
(1) These General Terms and Conditions of Business (hereinafter: AWB) shall apply to all work services (hereinafter also: measures) performed by us or the vicarious agents commissioned by us for this purpose for our customers, even if this involves the fulfillment of warranty claims and/or guarantee claims from previous purchase of the object(goods) underlying the work service. These General Terms and Conditions shall only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
(2) The present AWB shall apply in particular to maintenance and repair services. Unless otherwise agreed, the AWB in the version valid at the time the order is placed by the customer or in any case in the version last notified to the customer in text form shall also apply as a framework agreement for similar future contracts without our having to refer to them again in each individual case.
(3) Our AWB shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we perform the commissioned service without reservation in the knowledge of the customer’s GTC.
(4) Unless otherwise stated in these General Terms and Conditions of Sale, our General Terms and Conditions of Sale (GTC) shall apply in addition, which can be viewed on the Internet on our homepage at www.elried.de.
All work services or orders are carried out against payment, unless the measures are carried out in fulfillment of warranty claims and/or guarantee claims, which we have to fulfill due to previous purchase of the goods.
3. registration and processing of warranty or guarantee claims
(1) Insofar as the customer asserts warranty and/or guarantee claims against us and these are to form the basis of the work order, the customer must clearly indicate this when placing the order and point this out to us. For this purpose, the customer must prove the existence of a purchase contract and/or warranty contract to us when placing the order, for example by submitting the order confirmation, the invoice and/or the delivery bill.
(2) If we determine before the measures are carried out that warranty and/or guarantee claims do not actually exist, we shall inform the customer, which may also be done by telephone. If the customer wishes to receive a service against payment, he must expressly instruct us to do so.
(3) If, during the performance of a measure or during troubleshooting, it turns out that existing defects and/or damage to the object of repair are not subject to warranty and/or guarantee claims, we shall likewise inform the customer in accordance with the provision in no. 3. par. (2). Even if the customer does not wish the measures to be continued in this case by issuing an express order, we may invoice the customer for all work incurred up to that point.
4. order scope
(1) Cost estimates prepared by us or declared to the customer prior to placing the order shall always be non-binding unless they are expressly marked as binding.
(2) The order by the Customer (e.g. by telephone, fax, e-mail, etc.) shall be deemed to be a binding offer to enter into a contract, which shall require a corresponding written acceptance in order to be concluded. Unless otherwise stated in the order, we shall be entitled to accept this contractual offer within 14 days of its receipt by us.
(3) If the customer does not provide a sufficient description of the ordered services or provides an incorrect description, we shall be entitled to carry out all necessary work to determine the required services.
(4) In the case of orders that are not carried out on the basis of warranty claims and/or guarantee claims, we will not provide any services if the expected costs significantly exceed the value of the item concerned. We will inform the customer about this, which can be done by telephone. The costs incurred by us up to and through the determination of inefficiency shall be borne by the customer in any case.
5. order execution
(1) All dates that we notify to the customer for the performance of the services are non-binding. The actual execution time is determined solely by the actual amount of work required, taking into account internal processing times, transport times, response times and procurement times.
(2) We shall be entitled to engage subcontractors for the execution of the order and to hand over the goods concerned to them in the process.
(3) Orders shall be executed in compliance with the respective state of the art in science and technology.
(4) We alone shall be authorized to issue instructions to our employees and the subcontractors commissioned by us.
6. cooperation obligations of the customer
(1) The customer shall provide us with all necessary information, materials, equipment, documents, processes, etc. in good time prior to execution of the order. Insofar as the services are not provided on the basis of warranty and/or guarantee claims, this must be done free of charge or at the customer’s expense.
(2) Insofar as we are active at the customer’s premises, the customer shall provide us, our employees and/or the third parties commissioned by us with access to the relevant premises, installations (hardware, software, networks, etc.) and other work equipment required for the proper performance of the services by us within the scope of the usual operating hours and within the operational access regulations. If required, the customer shall also ensure the provision of functional workstations for us, our employees and/or third parties commissioned by us.
(3) The customer shall also otherwise cooperate in the execution of the order in the required manner, in particular to support us, our employees and/or the third parties commissioned by us to the best of our ability.
(4) If the Customer does not fulfill the obligations incumbent upon it under this No. 6. or does not do so in a timely manner and if this results in delays and/or additional expenses, the agreed time frame shall be extended or any agreed remuneration shall be increased accordingly.
7. remuneration and terms of payment
(1) The work performances shall be invoiced at the fixed price bindingly stated or confirmed by us or on a time and material basis after completion or acceptance of the performances, unless otherwise agreed in writing.
(2) Invoices shall be paid without deduction upon receipt, at the latest upon return/handover of the items concerned. We may make use of our contractor’s lien until payment has been made in full.
(3) Insofar as the work is not performed on the basis of warranty and/or guarantee claims, the customer shall bear all transport costs that may be incurred. The same applies to any necessary packaging costs.
(4) Insofar as the repair measures are not carried out on the basis of warranty and/or guarantee claims, any transport of goods shall be exclusively at the risk of the Customer.
(5) The customer may only offset counterclaims if these have been legally established or are undisputed.
8. acceptance and collection
(1) The work performances shall be formally accepted by the Customer. Insignificant deviations shall not entitle the customer to refuse acceptance; the obligation to remedy defects under the warranty shall remain unaffected.
(2) The commissioning or productive use of the goods or parts thereof affected by the work performance shall be deemed acceptance.
(3) Insofar as maintenance/repair measures are not carried out on the basis of warranty and/or guarantee claims, the Customer shall be obliged to collect the goods at the latest three weeks after notification of completion, unless it has been agreed to ship the goods at the Customer’s expense. After expiry of this period, the customer is in default of acceptance.
(4) Upon default of acceptance, we may claim from the customer all damages for default incurred by us, in particular stand and storage costs. We are no longer obliged to continue to hold the goods as soon as the standing or storage costs incurred exceed the value of the goods and the customer has been notified of this in advance.
(1) In the event of defective or deficient work performances against payment, the Customer’s claims shall initially be limited to supplementary performance. Insofar as this is reasonable for the customer, we shall have the right to make a further attempt at subsequent performance if the attempt at subsequent performance fails. If the further attempt at subsequent performance also fails or if a further attempt at subsequent performance is unreasonable for the customer, the customer may demand a reduction in the remuneration or declare withdrawal from the contract.
(2) Should the object underlying the work order be damaged by us, we shall be entitled to restore the object at our own expense. Insofar as the restoration is impossible or involves disproportionately high costs in relation to the value of the item, only the current value at the time the order was placed shall be reimbursed.
(1) Insofar as nothing to the contrary results from these AWB including the following provisions, we shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations.
(2) We shall be liable for damages – irrespective of the legal grounds – within the scope of fault liability in the event of intent and gross negligence. In the event of simple negligence, we shall be liable, subject to a milder standard of liability in accordance with statutory provisions (e.g. for diligence in own affairs) only
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the not insignificant breach of a material contractual obligation (obligation whose fulfillment is a prerequisite for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.
(3) The obligations arising from par. 2 shall also apply to breaches of duty by or in favor of persons for whose fault we are responsible in accordance with statutory provisions.
(1) Unless otherwise agreed in individual cases, contracts may be terminated at any time with 30 days’ notice to the end of the year. If the contract is not terminated in due time, it is automatically extended by one year.
(2) Termination for cause is possible at any time.
(3) In cases of termination pursuant to paras. 1 and 2, the customer shall pay the agreed remuneration less the pro rata remuneration for the agreed scope of services saved by the termination. In addition, we shall be entitled to compensation for the services and expenses incurred in connection with the termination – also in relation to third parties.
(4) If the termination is due to reasons for which we are responsible, we shall only be entitled to remuneration for the services rendered up to that point insofar as these are usable for the customer.
(5) Notice of termination must always be given in writing.
12. data protection
13 Choice of Law and Place of Jurisdiction, Final Provisions
(1) The law of the Federal Republic of Germany shall apply to these AWB and all legal relationships between us and the customer.
(2) If the customer is a merchant as defined by the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Munich. The same shall apply if the customer is an entrepreneur within the meaning of § 14 BGB.
(3) Insofar as the contract or these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the loophole.
(4) These AWB are written in German and English. In the event of any inconsistencies or difficulties of interpretation, the German text version of these AWB shall prevail. Translations are not legally binding.
Status of AWB: 01.01.2019