General Terms and Conditions of Delivery of Heinrich Steuber GmbH & Co. (Status 10/23)
1. scope of application
1.1 The General Terms and Conditions of Delivery shall apply exclusively in business transactions with natural or legal persons or legal partnerships, legal entities under public law and special funds under public law who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.
1.2 Our General Terms and Conditions of Delivery shall apply exclusively to the provision of our goods and services to the customer and to the delivery of the works, goods and services manufactured, traded and provided by us. We do not recognise any general terms and conditions of business of the customer that conflict with or deviate from our terms and conditions of delivery, unless we have agreed to them in detail in writing. Our Terms and Conditions of Delivery shall also apply if we make deliveries or provide services in the knowledge of other terms and conditions of the customer that deviate from our Terms and Conditions of Delivery.
1.3 Our terms and conditions of delivery shall also apply to all future transactions with the customer without the need for a separate agreement in each case.
2 Offer, conclusion of contract, scope of services
2.1 Our offers are subject to change, i.e. they do not constitute a binding offer within the meaning of § 145 BGB. Any order submitted to us by the customer is an offer to purchase our objects of performance and not a binding contract unless we confirm the order in writing. A contract shall only be formed upon written acceptance by us or upon confirmation of the order signed by us. The contract shall constitute the only agreement between the parties unless the customer and we agree otherwise in writing in an individual case.
2.2 All agreements, amendments and supplements, in particular also verbal agreements with our representatives or employees, require our written confirmation to be legally binding.
2.3 Unless otherwise agreed in writing, the documents belonging to the offer, e.g. descriptions, illustrations, drawings, weights and dimensions, shall only be binding if they are expressly designated as binding in writing.
2.4 We shall only be responsible for the observance of statutory or other regulations at the place of performance insofar as the customer has informed us of these in advance in a suitable manner.
2.5 Should the contract include the dispatch of our specialist personnel for assembly and/or service work, the assessment of the scope of performance shall be based exclusively on the assessment of our specialist personnel. Should a measure not be feasible, the customer shall bear the costs incurred for the dispatch of our specialist personnel until the work has been discontinued. The scope of the services of our specialist personnel is limited to the contractually agreed scope. Extensions or additional work that go beyond the agreed scope require a separate contractual agreement. Our contractual services shall be deemed to have been fulfilled if we have provided the customer with the agreed specialist personnel in the agreed qualification and have made them available for the intended duration.
2.6 The time duration and costs for the deployment of the specialist personnel specified in the contract are only approximate values. Should the predicted duration be exceeded, the additional services incurred shall be paid by the Client; exceeding the duration shall not entitle the Client to reduce the invoice amount and/or claim damages.
3. delivery
3.1 Unless expressly agreed otherwise in writing, delivery shall be made on the agreed delivery date from the place to be named by us EXW Incoterms 2020. Compliance with the delivery time shall be subject to all commercial and technical questions between the parties having been clarified and the customer having fulfilled all obligations incumbent upon it, such as providing the necessary official certificates or permits or making a down payment. Otherwise, the delivery period shall be extended accordingly, insofar as we are not responsible for the delay.
3.2 Compliance with the delivery period is subject to correct and timely delivery by our sub-suppliers. Insofar as we are not responsible for the incorrect or delayed self-delivery, the delivery period shall be extended accordingly.
3.3 Should the sub-supplier no longer be able to deliver the ordered goods to us, we shall be entitled to withdraw from the purchase contract. The customer shall be informed immediately of the lack of delivery by the sub-supplier as well as of the withdrawal from the purchase contract and the consideration paid by the customer shall be refunded without delay, insofar as this has already been received by us.
3.4 Partial deliveries are permissible insofar as this is reasonable for the customer.
3.5 All information on delivery times is non-binding unless a specific delivery date has been expressly agreed in writing.
3.6 The time of dispatch ex works or ex warehouse shall be decisive for compliance with delivery times. The delivery time shall be deemed to have been complied with upon notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of ours.
3.7 Force majeure, industrial disputes, natural disasters, acts of terrorism, epidemics, operational disruptions through no fault of our own, riots, war, official measures, in particular ordered delivery bans for certain countries, and other unforeseeable, unavoidable or serious events shall release us from our obligation to perform for the duration of the disruption and to the extent of its effect. The same applies if these circumstances occur in the supplying plant or at a pre-supplier.
4 Shipping, transfer of risk
4.1 Shipment shall be made for the account and at the risk of the customer. The risk shall pass to the Purchaser at the latest upon dispatch from the supplying plant, even if carriage paid delivery has been agreed.
4.2 At the request of the customer, the consignment shall be insured against transport damage at the customer's expense.
4.3 If dispatch is delayed due to circumstances for which we are not responsible, the risk shall pass to the customer from the day of readiness for dispatch.
5. retention of title
5.1 All objects of performance delivered by us shall remain our property until full receipt of all payments, including transport, insurance and assembly costs; in this respect, all deliveries shall be deemed to be one continuous delivery transaction.
5.2 We are entitled to insure the delivery item against fire, water and other damage at the expense of the customer, unless the customer can prove that he has taken out the insurance himself.
5.3 If the objects of performance are combined by the orderer with other objects to form a uniform object or are firmly connected to real estate, the orderer shall be obliged to transfer co-ownership to us on a pro rata basis insofar as the main object and/or the real estate belongs to him. If the customer resells the delivered objects of performance as intended, he hereby assigns to us the claims against his customers arising from the sale, including all ancillary rights, until all our claims have been settled in full.
5.4 If there is a justified reason, the customer is obliged, at our request, to inform the third party purchasers of the assignment and to provide us with the information required to assert our rights and to hand over the necessary documents to us.
5.5 We shall release the securities held by us to the extent that their value exceeds the claims to be secured by more than a total of 20 %.
5.6 In the event of seizure, confiscation or other impairment of the property by third parties, the customer shall notify us immediately. Costs in connection with the enforcement of our property rights against third parties shall be borne by the customer.
5.7 The assertion of the reservation of title as well as the seizure of the delivery item shall not be deemed a withdrawal from the contract.
6 Prices, price adjustment and payment
6.1 Unless otherwise agreed, the prices are ex works, including loading at the factory, but excluding packaging. freight, postage, value assurance, unloading and insurance, unless otherwise agreed. The turnover tax applicable to the prices shall be paid additionally by the Purchaser at the respective statutory rate.
6.2 In the case of secondment of specialist personnel, the services of the specialist personnel shall be invoiced according to the costs incurred in accordance with the respectively valid calculation rates. The costs of the services of the specialist personnel shall also be borne by the customer if the work assignment has to be interrupted or aborted due to force majeure.
6.3 In the absence of special agreements, payments are to be made to our account immediately after invoicing without deduction of discount and free of charge for us. The receipt of payment on our account is decisive for the timeliness.
6.4 The customer shall only have the right to retain payments or to offset them against counterclaims to the extent that its counterclaims are undisputed or have been legally established. The customer shall only be entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.
6.5 If the customer is in default of payment, interest shall be due at a rate of 9 % points above the base rate, unless higher interest rates have been agreed between the parties. If partial payments have been agreed, the entire remaining claim shall become due immediately if the Purchaser is in default with a partial payment in whole or in part for more than one week. The acceptance of a late payment does not constitute a waiver of the forfeiture clause. The acceptance of an à-conto payment or of partial payments shall not be deemed to be a deferral of a due residual claim. We reserve the right to assert further damage caused by delay.
6.6 If it becomes apparent after the conclusion of the contract that our claim for payment is endangered by the customer's lack of ability to pay, we shall be entitled to the rights under § 321 BGB (plea of uncertainty). We shall then also be entitled to call due all claims from the current business relations with the customer which are not statute-barred. Furthermore, the defence of uncertainty extends to all other outstanding deliveries from the business relationship with the customer.
7. secondment of specialised personnel
7.1 The customer shall provide adequate accommodation for the specialist personnel at his own expense.
7.2 If it is not possible to procure accommodation near the place of work, the travelling time between the accommodation and the place of work shall be charged by us as working time if the distance is more than three kilometres. If means of transport are used, the costs incurred shall be reimbursed by the customer. The same applies to the transport of equipment.
7.3 In the event of illness or accident, the Customer shall ensure that the necessary medical care is provided for the specialist staff.
7.4 The working hours shall be agreed between the customer and the qualified personnel. The working time performed by the skilled personnel shall be certified by the Purchaser.
7.5 The costs for the secondment of the professional staff shall be invoiced monthly on the basis of the work records. The hours worked shall be certified on a daily basis.
7.6 The customer is obliged to provide sufficient skilled and unskilled labour, equipment, energy and operating resources required for the deployment of the skilled personnel. In addition, the Purchaser shall carry out earthworks, foundation and scaffolding work and provide the necessary building materials. The access road and the assembly site must be levelled and have sufficient load-bearing capacity. Foundations must be completely dry and set.
7.7 The customer shall provide suitable rooms at the workplace for the stay of the skilled personnel and for the storage of objects. He shall also inform the skilled personnel about the safety regulations existing in his company and to be observed by the skilled personnel. In addition, he shall implement all measures necessary for the protection of persons and property at the workplace.
7.8 In the case of disassembly and reassembly as well as in the case of major repair work and transport, the Purchaser shall be obliged to take out at its own expense an assembly breakdown insurance policy which includes the risk of disassembly, reassembly and trial runs, unless otherwise agreed in writing.
8 Liability for material defects
8.1 The purchaser must inspect the objects of performance immediately upon receipt and notify us immediately of any defect that becomes apparent - at the latest, however, within one week. This applies in particular to visible transport damage and deviations in identity and quantity. If the customer fails to notify us, the objects of performance shall be deemed to have been approved in view of the defect in question, unless it is a concealed defect. In all other respects, the provisions of § 377 of the German Commercial Code (HGB) shall apply.
8.2 If the objects of performance have a defect which already existed at the time of the transfer of risk and if this is notified by the customer in due time, we shall, at our discretion and at our expense, remedy the defect (rectification) or deliver objects of performance free of defects (subsequent delivery).
8.3 We shall only assume expenses in connection with subsequent performance if they are reasonable in the individual case, in particular in relation to the purchase price of the goods. We shall not assume expenses incurred because the sold goods have been taken to a place other than the buyer's registered office or branch unless this would be in accordance with their contractual use. If the purchaser does not give us the opportunity to inspect and rectify the reported defect during our regular working hours and if we therefore incur additional labour costs such as overtime or weekend surcharges, the purchaser shall be obliged to bear these.
8.4 If the defect cannot be remedied within a reasonable period of time or if the subsequent performance is deemed to have failed for other reasons, the customer may, at its option, demand a reduction of the remuneration (abatement) or withdraw from the contract (rescission). Subsequent performance shall only be deemed to have failed if we have been given sufficient opportunity to remedy the defect or make a subsequent delivery three times, but subsequent performance has not been successful, subsequent performance has been refused or unreasonably delayed by us or is unreasonable for other reasons.
8.5 The objects of performance replaced or exchanged within the scope of subsequent performance and their parts shall be made available to us by the customer immediately upon request and at our expense. They shall become our property.
8.6 Claims for material defects shall not exist if the defect is due to
(a) a violation of installation, operation or maintenance instructions; or
(b) improper and unsuitable assembly, commissioning, treatment, use or maintenance; or
(c) the use of unsuitable equipment; or
(d) any interference with or modification of the objects of performance without our prior written consent on the part of the Purchaser or third parties; or
(e) natural wear and tear; or
(f) the implementation of specifications or instructions of the Purchaser; or
(g) defective construction work or foundations, unsuitable subsoil, chemical, electrochemical or electrical influences; or
(h) spare parts that have been installed which are not our original spare parts or parts approved by us; or
(i) unauthorised modifications have been made to the delivery item.
8.7 Claims for material defects do not exist for used machines or other used objects unless a liability for material defects is expressly agreed.
8.8 If work is carried out by our specialist personnel on used or third-party objects, this shall be done to the exclusion of all claims against us and at the purchaser's own responsibility. In the case of the secondment of specialist personnel, our liability is limited to the replacement of the specialist personnel if necessary.
8.9 We are entitled to refuse to remedy defects without compensation as long as the customer does not fulfil his contractual obligations.
8.10. We do not assume any guarantees, in particular no quality or durability guarantees, unless otherwise agreed in the individual case.
9. liability
9.1 Our liability for damages is excluded insofar as it goes beyond the provisions of these terms of delivery.
9.2 This does not apply
(a) for damages resulting from a violation of life, body or health in breach of duty or
(b) for damage resulting from a
(aa) breach of obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the fulfilment of which the customer may regularly rely on (cardinal obligations) or
(bb) are based on at least gross negligence on the part of our executive bodies or senior vicarious agents or intentional breach of other obligations on the part of our ordinary vicarious agents, or
(c) for which a mandatory liability according to the Product Liability Act as well as other mandatory and not validly excludable statutory provisions or
(d) for guarantees assumed by us and defects fraudulently concealed by us.
9.3 Except in the aforementioned cases, our liability is limited to the foreseeable, typically occurring damage.
9.4 We shall reimburse the customer for all necessary expenses for recall actions ordered by the competent authority and to be carried out by virtue of mandatory statutory provisions, insofar as these are based on a defect in the objects of performance and we are liable for the defect. Insofar as the recall action is also based on causal contributions by third parties, this obligation shall only exist for us to the extent attributable to our own conduct or the objects of performance. The customer must inform us in writing in advance of the necessity, content and scope of a planned recall action - insofar as this is possible and reasonable - and give us the opportunity to comment.
10. statute of limitations
10.1 Unless otherwise agreed, the limitation period for claims for defects shall end twelve months after delivery of the delivery item in deviation from § 438 para. 1 no. 3 BGB. Insofar as acceptance has been agreed, the limitation period shall commence with the readiness for production irrespective of acceptance. The limitation period shall not be renewed or extended by subsequent performance. Claims for defects for the service parts installed within the scope of subsequent performance shall become statute-barred no later than 12 months after the transfer of risk. Claims for defects for the service parts installed within the scope of subsequent performance shall become statute-barred at the latest 12 months after the transfer of risk.
10.2 The above limitation periods of the law on sales also apply to contractual and non-contractual claims for damages of the customer based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case.
11. form
Legally relevant declarations and notifications by the customer with regard to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in case of doubts about the legitimacy of the person making the declaration, remain unaffected.
12. compliance
The customer is obliged to take necessary and appropriate measures to avoid corruption. In particular, the customer undertakes not to offer, promise or grant, or allow to be offered, promised or granted, any benefits or other advantages (e.g. money, gifts of monetary value and invitations that are not predominantly of a business nature, such as sporting events, concerts, cultural events) to our employees and members of governing bodies by employees, members of governing bodies or third parties.
13 Jurisdiction, Applicable Law
13.1 The exclusive place of jurisdiction for all - including non-contractual - legal disputes and claims arising directly or indirectly from contractual relationships based on these terms and conditions is Mönchengladbach. We are entitled, at our discretion, to sue the customer at the court of his place of business or branch office or at the court of the place of performance.
13.2 The contractual relations shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14. miscellaneous
14.1 To the extent that any provision of the Contract or part thereof is or becomes invalid, void or unenforceable, such provision shall be replaced by a provision which most closely approximates the originally intended purpose and which is valid and enforceable. If such a change is not possible, the relevant provision or provisions shall be deemed deleted. Any amendment or deletion of a provision or part thereof shall not affect the validity and enforceability of the remaining provisions of the Contract and/or these Conditions of Supply.
14.2 All amendments or supplements must be in writing to be effective. This written form requirement can only be waived by a written agreement.
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General Terms and Conditions for Service Contracts for Printing and Finishing Machines (Status 10/23)
These terms and conditions shall apply unless the contracting parties have agreed otherwise in writing.
1. scope of application
1.1 The service contract consists of the service certificate and these General Terms and Conditions for Service Contracts for Printing and Finishing Machines in connection with the service description resulting from the agreed service programme and attached to this contract as an appendix. The service certificate shall list the machine which is the subject of the service contract. is.
1.2 Third-party terms and conditions shall not become part of the contract without the written consent of Steuber, even if they are opposed to these terms and conditions.
2. scope of services
2.1 Within the framework of the service contract, Steuber shall provide the service for the machine listed in the service certificate within the normal business hours of Steuber. The scope of services results from the service certificate, agreed programme, the service description of which is attached to this contract as an annex (hereinafter referred to as "Services").
2.2 The following services are not part of the service contract:
2.2.1. rectifying faults caused by equipment other than the machine.
2.2.2. rectification of faults caused by work on the machine by Steuber unauthorised personnel.
2.2.3. elimination of malfunctions due to operating errors or failure to observe installation conditions such as temperature, humidity, power supply.
2.2.4. elimination of damage and soiling for which Steuber is not responsible and which are not caused by the functioning of the systems, such as machine breakage, theft, fire, water, accident, third party influence.
2.2.5. consulting services for applications or application software, marketing, network extensions or modification, connection to another computer system and training.
2.3 Work and spare parts deliveries exceeding the scope of performance shall be invoiced separately. Such work shall be subject to the General Terms and Conditions of Delivery of Heinrich Steuber GmbH & Co.
3. place of performance
The services on the machine/system by Steuber shall be carried out exclusively at the installation location of the machine specified in the service certificate.
4. temporal fulfilment of the contract
4.1 The date for the performance of the services shall be agreed individually between the customer and Steuber. Should it not be possible for the customer to carry out the work on the agreed date, Steuber must be notified of this at least 3 days in advance.
4.2 In the event of culpably late notification, a compensation payment shall be due if the service technician(s) cannot be deployed elsewhere on the agreed date. The amount of this compensation payment shall be calculated according to the hourly rate to be calculated in accordance with the currently valid price list for service work by Steuber.
4.3 The date for the services and deliveries to be provided by Steuber shall be postponed appropriately - also within a delay - in cases of force majeure as well as in the event of unforeseen events which are beyond the will of Steuber. e.g. strike, lockout, operational disruptions, delays caused by subcontractors or other delays for which Steuber is not responsible, insofar as these events affect the timely fulfilment of the contract; the contractor shall notify the customer of the occurrence and expected duration of such events in important cases. The deadline shall also be postponed appropriately if the customer is in arrears with his payment and other obligations.
4.4 If a delay can be proven to have occurred for reasons other than those stated under 4.3 and the customer has suffered damage as a result of the delay, he is entitled, to the exclusion of further claims, to claim compensation for delay for each full week of the delay of a maximum of 0.5%, but in total a maximum of 5 % of the service price attributable to one calendar year. The compensation to be paid by Steuber in this respect is to be settled in the final settlement. Compensation for delay shall not apply if the customer agrees to the delay/delay and the agreement is documented in writing.
5. cooperation of the client
5.1 The customer shall take the measures necessary for the protection of persons and property at the installation site. He must also inform Steuber of the safety regulations existing in the company and to be observed by the service personnel.
5.2 The customer shall grant the service personnel unrestricted access to the machine specified in the service certificate, as well as to the premises in which the machine and associated systems and equipment are housed.
5.3 The customer shall support the service personnel in the performance of the services at his own expense. He is obliged to provide technical assistance, in particular to provide free of charge auxiliary staff, auxiliary materials, electricity and water including the necessary connections, as well as printing materials, paper, printing plates, rubber blankets, ink and lubricants for carrying out test prints. Auxiliaries for cleaning and lubricating the machine must comply with the manufacturer's specification.
5.4 The customer further undertakes not to carry out any conversions, additions or other changes to the machine without these having been approved in writing by Steuber. If the customer nevertheless carries out these, the contractual obligations of Steuber shall expire with immediate effect. In this case Steuber is entitled - without prejudice to other legal claims - to a lump-sum compensation in the amount of 50 % of the total contract price for the remaining term of the contract, unless a lesser damage is proven.
6. term of the contract
6.1 The service contract is concluded for the term agreed in the service certificate. See Special Agreement.
7. prices and terms of payment
7.1 The performance of services during the usual business hours agreed in the service certificate shall form the basis for the flat-rate price agreed in the service certificate. Insofar as the customer requests the performance or continuation of services outside the agreed usual business hours, the surcharge resulting from the valid service price list shall be invoiced.
7.2 The machine shall be maintained by the customer in accordance with the care and maintenance machine manual supplied with the machine. Additional work caused by inadequate care and maintenance may be invoiced separately to the customer by Steuber in accordance with the currently valid price list for service work.
7.3 The costs of travel for the service personnel are included in the package price.
7.4 If wage, material or other costs change, Steuber may increase the service fee appropriately with three months' notice. The maximum increase is 5% / year.
7.5 The service price, including VAT, is due monthly on the last day of each calendar month. Payments shall be made without any deductions, free of charge to the bank account, within 10 days on the agreed dates.
7.6 If the payment deadline is exceeded or in the event of default, Steuber shall charge interest in the amount of 9 percentage points above the base interest rate, unless higher interest rates have been agreed. Steuber reserves the right to assert further damage caused by default. The customer shall be in default at the latest 10 days after the due date.
7.7 Counterclaims which have not been legally established or recognised by Steuber shall not entitle the customer to withhold or offset payment.
8 Liability for material defects
8.1 Steuber shall be liable for material defects in such a way that it must remedy the defects. This claim shall become time-barred within 12 months from the completion of the respective service to be provided.
8.2 For the spare parts installed according to this contract, Steuber warrants for defect-free design and manufacture as well as for defect-free material in such a way that it shall, at its discretion, either remedy the defect free of charge on parts (including software) which became unusable as a result of such defects or whose usability was significantly impaired, or redeliver such parts within 12 months after their installation.
8.3 Replaced parts shall become the property of Steuber.
8.4 For subsequent performance work and installed replaced parts, the liability for material defects shall end with that of the originally performed work or the replacement part originally delivered under this contract. The customer shall grant the necessary time and opportunity to carry out any necessary subsequent performance work or to remove defective parts and install newly delivered parts. Additional costs for work outside the agreed usual business hours as well as additional costs due to express deliveries shall be borne by the customer.
8.5 The liability for material defects does not apply to natural wear and tear, unless they are part of the scope of delivery of this contract in accordance with the selected service programme; furthermore, it does not apply to damage resulting from improper storage, handling or use of unsuitable operating materials, chemical, electrochemical or electrical influences, voltage fluctuations, power failure.
8.6 The customer can only make a claim against Steuber for liability for material defects if the material defect was notified to Steuber without delay, the manufacturer's instructions for the handling and maintenance of the machine were observed and, in particular, prescribed inspections were properly carried out, no rectification work was carried out without the consent of Steuber, no spare parts were installed which were not original spare parts of the manufacturer or of the manufacturer or Steuber. are approved parts, no independent modifications have been made to the delivery item.
9 Right of termination by the customer
9.1 The customer may only terminate the contract in writing in accordance with the following provisions.
9.2 A right of termination entitling to termination without notice exists,
a) if the fulfilment of the contract has become completely impossible for Steuber. In the event of partial impossibility, the right of termination shall only exist if the partial performance is demonstrably of no interest to the customer; otherwise the customer may demand an appropriate reduction of the service price. If the impossibility occurs during the delay in acceptance or through the fault of the customer, the customer shall remain obliged to counter-performance. If neither contractual party is responsible for the impossibility, Steuber shall be entitled to a part of the service price corresponding to the services rendered. The instalments already paid shall be offset against this claim.
b) if the customer is entitled to claim the full amount of the compensation for delay, if he has set Steuber a reasonable grace period in writing after this point in time and if he proves after the expiry of this grace period that the grace period was exceeded for reasons other than those stated in 4.3.
c) if the customer has set a reasonable grace period in writing for the rectification of a defect for which Steuber is responsible and which is recognised in accordance with Art 8.6. the rectification of which Steuber has attempted in vain, and if Steuber has not complied with this grace period through its fault. Due to the complexity of the delivery item and any resulting defects, Steuber is entitled to carry out more than just two attempts at subsequent performance if necessary
9.3 In the case of 9.2. b), the customer may only terminate the contract if he can prove that as a result of the delay his interest in the service is substantially impaired.
9.4 In all other respects, 10.
10 Steuber's right of termination.
10.1 Steuber can terminate the contract, without prejudice to further legal claims and rights, if unforeseen events significantly change the economic significance or the content of the service or have a significant effect on the operation of Steuber and the contract cannot be adjusted appropriately in good faith or if the economic circumstances of the customer deteriorate significantly. If Steuber wishes to make use of the right of termination, it shall inform the customer of this immediately after recognising the significance of the event.
11. scope of the client's claims
11.1 If, during the performance of the services, the machine is damaged through the fault of Steuber, Steuber shall repair it.
11.2 If, through the fault of Steuber, the machine cannot be used by the customer in accordance with the contract as a result of omitted or faulty execution of suggestions and advice as well as other contractual ancillary obligations - in particular instructions for operation and maintenance - the provisions from 8. and 11.1. and 11.3. shall apply accordingly to the exclusion of further claims by the customer.
11.3 Steuber shall, however, be liable for
a) in the case of intent and gross negligence on the part of its organs and its executive employees as well as in the case of intent on the part of its vicarious agents
b) in the event of culpable breach of main contractual obligations
c) in the event of culpable injury to life, limb and health
d) in the case of defects which have been fraudulently concealed or the absence of which has been guaranteed,
e) if and insofar as liability is assumed under the Production Liability Act for personal injury or property damage to privately used objects.
11.4 A quality/characteristic of the delivery item shall only be deemed to be guaranteed within the meaning of the law if it is explicitly designated as a "guaranteed quality" in the text of the contract.
11.5 Irrespective of this, Steuber shall always be liable if and to the extent that Steuber's existing public liability insurance provides compensation. The public liability insurance is based on the General Insurance Conditions for Liability Insurance (AHB).
11.6 Insofar as Steuber is liable in accordance with 11.3. a) and b) for gross negligence or for a culpable breach of main contractual obligations, the liability is limited in scope to the reasonably foreseeable damage typical for the contract.
11.7 Claims and rights other than those listed in these terms and conditions or regulated in the text of the contract are excluded. This applies in particular to further contractual and statutory claims for damages.
12. non-transferability of contractual rights
12.1 The customer may not transfer its contractual rights to third parties without the express consent of Steuber.
13. other provisions
13.1 In the event of relocation of the machine, Steuber shall have the option of adjusting the service price in accordance with the changed boundary conditions or terminating the contract. The customer can agree to this contract adjustment or terminate the contract for his part. In both cases, the termination shall take effect at the end of the current month.
13.2 In the event of sale of the machine, the customer has a right of termination with effect from the end of the month after next.
13.3 Tools, aids such as setting gauges, documentation and software which have been brought to the customer by Steuber for the purpose of performing services remain the property of Steuber. This also applies to aids or software which have been installed within the machine and which may allow remote access. Steuber is entitled to remove these again at any time or to terminate their use. At the written request of Steuber, the customer must destroy any tools, aids, documentation or software.
13.4 Amendments and supplements to the contract must be made in writing and require the mutual consent of Steuber and the customer.
14 Place of performance, place of jurisdiction, applicable law
14.1 Place of performance and exclusive place of jurisdiction is Mönchengladbach.
14.2 German law shall apply to all legal relationships between Steuber and the customer in addition to these terms and conditions. The provisions of the Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
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A) Calculation rates including trip
Service technician mechanics / electrics
Normal operating time 07:00 to 20:00 €/hour 106.00
Operating time 20:00 to 07:00 hrs and Saturday €/hour 147.00
Operating time Sunday and public holiday €/hour 184.00
Accommodation flat rate or actual hotel costs
plus 15 € overnight expenses €/day 100,00
Outward and return journeys by car
or individual travel flat rate €/km 2.00
Instructors Mechanics / Electrics
Normal operating time 07:00 to 20:00 /hour 119.00
Operating time 20:00 to 07:00 hrs and Saturday €/hour 165.00
Operating time Sunday and public holiday €/hour 206.00
Accommodation flat rate or actual hotel costs
plus 15 € overnight expenses €/day 100,00
Outward and return journeys by car
or individual travel flat rate €/km 2.00
The prices are net (plus VAT).
The calculation rates listed are based on today's cost factors. In the event of a change in this basis, we reserve the right to adjust our rates accordingly. We also reserve the right to charge separate rates for the secondment of technical specialists. Waiting time is considered normal working time.
Travel costs are calculated according to the km incurred. Should technicians not be able to travel home over the weekend, the weekend allowance will be charged.
B) Incidental costs
Any tooling costs incurred are included in our rates. These tools, which the technician carries with him, do not include larger devices such as lifting tongs, cranes and loading equipment for unloading, transporting and setting up the machine. These costs as well as the transport costs shall be borne by the principal. If the customer does not provide a lockable storage room for tools and materials and if tools and/or materials are lost during the performance of work for which they are required or must be kept available according to the dutiful discretion of the technicians deployed, the customer shall be liable for compensation. This shall also apply if items of the aforementioned type are lost during brief interruptions to the installation work, which in individual cases may last up to 2 hours.
C) Acceptance of work
On completion of the work, the duration of the activity and the proper handover of the machine must be confirmed on the time sheet.
D) Services provided by contractual partners
If, in consultation with the client, technicians and instructors of our contractual partners
(e.g. MBO, Hohner, Technotrans etc.) are used, their conditions and rates apply.
In all other respects, our General Terms and Conditions of Delivery apply, which can be viewed at
https://steuber.net/verkaufs-und-lieferbedingungen/
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General Terms and Conditions of Delivery of Heinrich Steuber GmbH & Co. (Status 10/23)
1. scope of application
1.1 The General Terms and Conditions of Delivery shall apply exclusively in business transactions with natural or legal persons or legal partnerships, legal entities under public law and special funds under public law who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.
1.2 Our General Terms and Conditions of Delivery shall apply exclusively to the provision of our goods and services to the customer and to the delivery of the works, goods and services manufactured, traded and provided by us. We do not recognise any general terms and conditions of business of the customer that conflict with or deviate from our terms and conditions of delivery, unless we have agreed to them in detail in writing. Our Terms and Conditions of Delivery shall also apply if we make deliveries or provide services in the knowledge of other terms and conditions of the customer that deviate from our Terms and Conditions of Delivery.
1.3 Our terms and conditions of delivery shall also apply to all future transactions with the customer without the need for a separate agreement in each case.
2 Offer, conclusion of contract, scope of services
2.1 Our offers are subject to change, i.e. they do not constitute a binding offer within the meaning of § 145 BGB. Any order submitted to us by the customer is an offer to purchase our objects of performance and not a binding contract unless we confirm the order in writing. A contract shall only be formed upon written acceptance by us or upon confirmation of the order signed by us. The contract shall constitute the only agreement between the parties unless the customer and we agree otherwise in writing in an individual case.
2.2 All agreements, amendments and supplements, in particular also verbal agreements with our representatives or employees, require our written confirmation to be legally binding.
2.3 Unless otherwise agreed in writing, the documents belonging to the offer, e.g. descriptions, illustrations, drawings, weights and dimensions, shall only be binding if they are expressly designated as binding in writing.
2.4 We shall only be responsible for the observance of statutory or other regulations at the place of performance insofar as the customer has informed us of these in advance in a suitable manner.
2.5 Should the contract include the dispatch of our specialist personnel for assembly and/or service work, the assessment of the scope of performance shall be based exclusively on the assessment of our specialist personnel. Should a measure not be feasible, the customer shall bear the costs incurred for the dispatch of our specialist personnel until the work has been discontinued. The scope of the services of our specialist personnel is limited to the contractually agreed scope. Extensions or additional work that go beyond the agreed scope require a separate contractual agreement. Our contractual services shall be deemed to have been fulfilled if we have provided the customer with the agreed specialist personnel in the agreed qualification and have made them available for the intended duration.
2.6 The time duration and costs for the deployment of the specialist personnel specified in the contract are only approximate values. Should the predicted duration be exceeded, the additional services incurred shall be paid by the Client; exceeding the duration shall not entitle the Client to reduce the invoice amount and/or claim damages.
3. delivery
3.1 Unless expressly agreed otherwise in writing, delivery shall be made on the agreed delivery date from the place to be named by us EXW Incoterms 2020. Compliance with the delivery time shall be subject to all commercial and technical questions between the parties having been clarified and the customer having fulfilled all obligations incumbent upon it, such as providing the necessary official certificates or permits or making a down payment. Otherwise, the delivery period shall be extended accordingly, insofar as we are not responsible for the delay.
3.2 Compliance with the delivery period is subject to correct and timely delivery by our sub-suppliers. Insofar as we are not responsible for the incorrect or delayed self-delivery, the delivery period shall be extended accordingly.
3.3 Should the sub-supplier no longer be able to deliver the ordered goods to us, we shall be entitled to withdraw from the purchase contract. The customer shall be informed immediately of the lack of delivery by the sub-supplier as well as of the withdrawal from the purchase contract and the consideration paid by the customer shall be refunded without delay, insofar as this has already been received by us.
3.4 Partial deliveries are permissible insofar as this is reasonable for the customer.
3.5 All information on delivery times is non-binding unless a specific delivery date has been expressly agreed in writing.
3.6 The time of dispatch ex works or ex warehouse shall be decisive for compliance with delivery times. The delivery time shall be deemed to have been complied with upon notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of ours.
3.7 Force majeure, industrial disputes, natural disasters, acts of terrorism, epidemics, operational disruptions through no fault of our own, riots, war, official measures, in particular ordered delivery bans for certain countries, and other unforeseeable, unavoidable or serious events shall release us from our obligation to perform for the duration of the disruption and to the extent of its effect. The same applies if these circumstances occur in the supplying plant or at a pre-supplier.
4 Shipping, transfer of risk
4.1 Shipment shall be made for the account and at the risk of the customer. The risk shall pass to the Purchaser at the latest upon dispatch from the supplying plant, even if carriage paid delivery has been agreed.
4.2 At the request of the customer, the consignment shall be insured against transport damage at the customer's expense.
4.3 If dispatch is delayed due to circumstances for which we are not responsible, the risk shall pass to the customer from the day of readiness for dispatch.
5. retention of title
5.1 All objects of performance delivered by us shall remain our property until full receipt of all payments, including transport, insurance and assembly costs; in this respect, all deliveries shall be deemed to be one continuous delivery transaction.
5.2 We are entitled to insure the delivery item against fire, water and other damage at the expense of the customer, unless the customer can prove that he has taken out the insurance himself.
5.3 If the objects of performance are combined by the orderer with other objects to form a uniform object or are firmly connected to real estate, the orderer shall be obliged to transfer co-ownership to us on a pro rata basis insofar as the main object and/or the real estate belongs to him. If the customer resells the delivered objects of performance as intended, he hereby assigns to us the claims against his customers arising from the sale, including all ancillary rights, until all our claims have been settled in full.
5.4 If there is a justified reason, the customer is obliged, at our request, to inform the third party purchasers of the assignment and to provide us with the information required to assert our rights and to hand over the necessary documents to us.
5.5 We shall release the securities held by us to the extent that their value exceeds the claims to be secured by more than a total of 20 %.
5.6 In the event of seizure, confiscation or other impairment of the property by third parties, the customer shall notify us immediately. Costs in connection with the enforcement of our property rights against third parties shall be borne by the customer.
5.7 The assertion of the reservation of title as well as the seizure of the delivery item shall not be deemed a withdrawal from the contract.
6 Prices, price adjustment and payment
6.1 Unless otherwise agreed, the prices are ex works, including loading at the factory, but excluding packaging. freight, postage, value assurance, unloading and insurance, unless otherwise agreed. The turnover tax applicable to the prices shall be paid additionally by the Purchaser at the respective statutory rate.
6.2 In the case of secondment of specialist personnel, the services of the specialist personnel shall be invoiced according to the costs incurred in accordance with the respectively valid calculation rates. The costs of the services of the specialist personnel shall also be borne by the customer if the work assignment has to be interrupted or aborted due to force majeure.
6.3 In the absence of special agreements, payments are to be made to our account immediately after invoicing without deduction of discount and free of charge for us. The receipt of payment on our account is decisive for the timeliness.
6.4 The customer shall only have the right to retain payments or to offset them against counterclaims to the extent that its counterclaims are undisputed or have been legally established. The customer shall only be entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.
6.5 If the customer is in default of payment, interest shall be due at a rate of 9 % points above the base rate, unless higher interest rates have been agreed between the parties. If partial payments have been agreed, the entire remaining claim shall become due immediately if the Purchaser is in default with a partial payment in whole or in part for more than one week. The acceptance of a late payment does not constitute a waiver of the forfeiture clause. The acceptance of an à-conto payment or of partial payments shall not be deemed to be a deferral of a due residual claim. We reserve the right to assert further damage caused by delay.
6.6 If it becomes apparent after the conclusion of the contract that our claim for payment is endangered by the customer's lack of ability to pay, we shall be entitled to the rights under § 321 BGB (plea of uncertainty). We shall then also be entitled to call due all claims from the current business relations with the customer which are not statute-barred. Furthermore, the defence of uncertainty extends to all other outstanding deliveries from the business relationship with the customer.
7. secondment of specialised personnel
7.1 The customer shall provide adequate accommodation for the specialist personnel at his own expense.
7.2 If it is not possible to procure accommodation near the place of work, the travelling time between the accommodation and the place of work shall be charged by us as working time if the distance is more than three kilometres. If means of transport are used, the costs incurred shall be reimbursed by the customer. The same applies to the transport of equipment.
7.3 In the event of illness or accident, the Customer shall ensure that the necessary medical care is provided for the specialist staff.
7.4 The working hours shall be agreed between the customer and the qualified personnel. The working time performed by the skilled personnel shall be certified by the Purchaser.
7.5 The costs for the secondment of the professional staff shall be invoiced monthly on the basis of the work records. The hours worked shall be certified on a daily basis.
7.6 The customer is obliged to provide sufficient skilled and unskilled labour, equipment, energy and operating resources required for the deployment of the skilled personnel. In addition, the Purchaser shall carry out earthworks, foundation and scaffolding work and provide the necessary building materials. The access road and the assembly site must be levelled and have sufficient load-bearing capacity. Foundations must be completely dry and set.
7.7 The customer shall provide suitable rooms at the workplace for the stay of the skilled personnel and for the storage of objects. He shall also inform the skilled personnel about the safety regulations existing in his company and to be observed by the skilled personnel. In addition, he shall implement all measures necessary for the protection of persons and property at the workplace.
7.8 In the case of disassembly and reassembly as well as in the case of major repair work and transport, the Purchaser shall be obliged to take out at its own expense an assembly breakdown insurance policy which includes the risk of disassembly, reassembly and trial runs, unless otherwise agreed in writing.
8 Liability for material defects
8.1 The purchaser must inspect the objects of performance immediately upon receipt and notify us immediately of any defect that becomes apparent - at the latest, however, within one week. This applies in particular to visible transport damage and deviations in identity and quantity. If the customer fails to notify us, the objects of performance shall be deemed to have been approved in view of the defect in question, unless it is a concealed defect. In all other respects, the provisions of § 377 of the German Commercial Code (HGB) shall apply.
8.2 If the objects of performance have a defect which already existed at the time of the transfer of risk and if this is notified by the customer in due time, we shall, at our discretion and at our expense, remedy the defect (rectification) or deliver objects of performance free of defects (subsequent delivery).
8.3 We shall only assume expenses in connection with subsequent performance if they are reasonable in the individual case, in particular in relation to the purchase price of the goods. We shall not assume expenses incurred because the sold goods have been taken to a place other than the buyer's registered office or branch unless this would be in accordance with their contractual use. If the purchaser does not give us the opportunity to inspect and rectify the reported defect during our regular working hours and if we therefore incur additional labour costs such as overtime or weekend surcharges, the purchaser shall be obliged to bear these.
8.4 If the defect cannot be remedied within a reasonable period of time or if the subsequent performance is deemed to have failed for other reasons, the customer may, at its option, demand a reduction of the remuneration (abatement) or withdraw from the contract (rescission). Subsequent performance shall only be deemed to have failed if we have been given sufficient opportunity to remedy the defect or make a subsequent delivery three times, but subsequent performance has not been successful, subsequent performance has been refused or unreasonably delayed by us or is unreasonable for other reasons.
8.5 The objects of performance replaced or exchanged within the scope of subsequent performance and their parts shall be made available to us by the customer immediately upon request and at our expense. They shall become our property.
8.6 Claims for material defects shall not exist if the defect is due to
(a) a violation of installation, operation or maintenance instructions; or
(b) improper and unsuitable assembly, commissioning, treatment, use or maintenance; or
(c) the use of unsuitable equipment; or
(d) any interference with or modification of the objects of performance without our prior written consent on the part of the Purchaser or third parties; or
(e) natural wear and tear; or
(f) the implementation of specifications or instructions of the Purchaser; or
(g) defective construction work or foundations, unsuitable subsoil, chemical, electrochemical or electrical influences; or
(h) spare parts that have been installed which are not our original spare parts or parts approved by us; or
(i) unauthorised modifications have been made to the delivery item.
8.7 Claims for material defects do not exist for used machines or other used objects unless a liability for material defects is expressly agreed.
8.8 If work is carried out by our specialist personnel on used or third-party objects, this shall be done to the exclusion of all claims against us and at the purchaser's own responsibility. In the case of the secondment of specialist personnel, our liability is limited to the replacement of the specialist personnel if necessary.
8.9 We are entitled to refuse to remedy defects without compensation as long as the customer does not fulfil his contractual obligations.
8.10. We do not assume any guarantees, in particular no quality or durability guarantees, unless otherwise agreed in the individual case.
9. liability
9.1 Our liability for damages is excluded insofar as it goes beyond the provisions of these terms of delivery.
9.2 This does not apply
(a) for damages resulting from a violation of life, body or health in breach of duty or
(b) for damage resulting from a
(aa) breach of obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the fulfilment of which the customer may regularly rely on (cardinal obligations) or
(bb) are based on at least gross negligence on the part of our executive bodies or senior vicarious agents or intentional breach of other obligations on the part of our ordinary vicarious agents, or
(c) for which a mandatory liability according to the Product Liability Act as well as other mandatory and not validly excludable statutory provisions or
(d) for guarantees assumed by us and defects fraudulently concealed by us.
9.3 Except in the aforementioned cases, our liability is limited to the foreseeable, typically occurring damage.
9.4 We shall reimburse the customer for all necessary expenses for recall actions ordered by the competent authority and to be carried out by virtue of mandatory statutory provisions, insofar as these are based on a defect in the objects of performance and we are liable for the defect. Insofar as the recall action is also based on causal contributions by third parties, this obligation shall only exist for us to the extent attributable to our own conduct or the objects of performance. The customer must inform us in writing in advance of the necessity, content and scope of a planned recall action - insofar as this is possible and reasonable - and give us the opportunity to comment.
10. statute of limitations
10.1 Unless otherwise agreed, the limitation period for claims for defects shall end twelve months after delivery of the delivery item in deviation from § 438 para. 1 no. 3 BGB. Insofar as acceptance has been agreed, the limitation period shall commence with the readiness for production irrespective of acceptance. The limitation period shall not be renewed or extended by subsequent performance. Claims for defects for the service parts installed within the scope of subsequent performance shall become statute-barred no later than 12 months after the transfer of risk. Claims for defects for the service parts installed within the scope of subsequent performance shall become statute-barred at the latest 12 months after the transfer of risk.
10.2 The above limitation periods of the law on sales also apply to contractual and non-contractual claims for damages of the customer based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case.
11. form
Legally relevant declarations and notifications by the customer with regard to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in case of doubts about the legitimacy of the person making the declaration, remain unaffected.
12. compliance
The customer is obliged to take necessary and appropriate measures to avoid corruption. In particular, the customer undertakes not to offer, promise or grant, or allow to be offered, promised or granted, any benefits or other advantages (e.g. money, gifts of monetary value and invitations that are not predominantly of a business nature, such as sporting events, concerts, cultural events) to our employees and members of governing bodies by employees, members of governing bodies or third parties.
13 Jurisdiction, Applicable Law
13.1 The exclusive place of jurisdiction for all - including non-contractual - legal disputes and claims arising directly or indirectly from contractual relationships based on these terms and conditions is Mönchengladbach. We are entitled, at our discretion, to sue the customer at the court of his place of business or branch office or at the court of the place of performance.
13.2 The contractual relations shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14. miscellaneous
14.1 To the extent that any provision of the Contract or part thereof is or becomes invalid, void or unenforceable, such provision shall be replaced by a provision which most closely approximates the originally intended purpose and which is valid and enforceable. If such a change is not possible, the relevant provision or provisions shall be deemed deleted. Any amendment or deletion of a provision or part thereof shall not affect the validity and enforceability of the remaining provisions of the Contract and/or these Conditions of Supply.
14.2 All amendments or supplements must be in writing to be effective. This written form requirement can only be waived by a written agreement.
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General Terms and Conditions for Service Contracts for Printing and Finishing Machines (Status 10/23)
1. scope of application
1.1 The service contract consists of the service certificate and these General Terms and Conditions for Service Contracts for Printing and Finishing Machines in connection with the service description resulting from the agreed service programme and attached to this contract as an appendix. The service certificate shall list the machine which is the subject of the service contract. is.
1.2 Third-party terms and conditions shall not become part of the contract without the written consent of Steuber, even if they are opposed to these terms and conditions.
2. scope of services
2.1 Within the framework of the service contract, Steuber shall provide the service for the machine listed in the service certificate within the normal business hours of Steuber. The scope of services results from the service certificate, agreed programme, the service description of which is attached to this contract as an annex (hereinafter referred to as "Services").
2.2 The following services are not part of the service contract:
2.2.1. rectifying faults caused by equipment other than the machine.
2.2.2. rectification of faults caused by work on the machine by Steuber unauthorised personnel.
2.2.3. elimination of malfunctions due to operating errors or failure to observe installation conditions such as temperature, humidity, power supply.
2.2.4. elimination of damage and soiling for which Steuber is not responsible and which are not caused by the functioning of the systems, such as machine breakage, theft, fire, water, accident, third party influence.
2.2.5. consulting services for applications or application software, marketing, network extensions or modification, connection to another computer system and training.
2.3 Work and spare parts deliveries exceeding the scope of performance shall be invoiced separately. Such work shall be subject to the General Terms and Conditions of Delivery of Heinrich Steuber GmbH & Co.
3. place of performance
The services on the machine/system by Steuber shall be carried out exclusively at the installation location of the machine specified in the service certificate.
4. temporal fulfilment of the contract
4.1 The date for the performance of the services shall be agreed individually between the customer and Steuber. Should it not be possible for the customer to carry out the work on the agreed date, Steuber must be notified of this at least 3 days in advance.
4.2 In the event of culpably late notification, a compensation payment shall be due if the service technician(s) cannot be deployed elsewhere on the agreed date. The amount of this compensation payment shall be calculated according to the hourly rate to be calculated in accordance with the currently valid price list for service work by Steuber.
4.3 The date for the services and deliveries to be provided by Steuber shall be postponed appropriately - also within a delay - in cases of force majeure as well as in the event of unforeseen events which are beyond the will of Steuber. e.g. strike, lockout, operational disruptions, delays caused by subcontractors or other delays for which Steuber is not responsible, insofar as these events affect the timely fulfilment of the contract; the contractor shall notify the customer of the occurrence and expected duration of such events in important cases. The deadline shall also be postponed appropriately if the customer is in arrears with his payment and other obligations.
4.4 If a delay can be proven to have occurred for reasons other than those stated under 4.3 and the customer has suffered damage as a result of the delay, he is entitled, to the exclusion of further claims, to claim compensation for delay for each full week of the delay of a maximum of 0.5%, but in total a maximum of 5 % of the service price attributable to one calendar year. The compensation to be paid by Steuber in this respect is to be settled in the final settlement. Compensation for delay shall not apply if the customer agrees to the delay/delay and the agreement is documented in writing.
5. cooperation of the client
5.1 The customer shall take the measures necessary for the protection of persons and property at the installation site. He must also inform Steuber of the safety regulations existing in the company and to be observed by the service personnel.
5.2 The customer shall grant the service personnel unrestricted access to the machine specified in the service certificate, as well as to the premises in which the machine and associated systems and equipment are housed.
5.3 The customer shall support the service personnel in the performance of the services at his own expense. He is obliged to provide technical assistance, in particular to provide free of charge auxiliary staff, auxiliary materials, electricity and water including the necessary connections, as well as printing materials, paper, printing plates, rubber blankets, ink and lubricants for carrying out test prints. Auxiliaries for cleaning and lubricating the machine must comply with the manufacturer's specification.
5.4 The customer further undertakes not to carry out any conversions, additions or other changes to the machine without these having been approved in writing by Steuber. If the customer nevertheless carries out these, the contractual obligations of Steuber shall expire with immediate effect. In this case Steuber is entitled - without prejudice to other legal claims - to a lump-sum compensation in the amount of 50 % of the total contract price for the remaining term of the contract, unless a lesser damage is proven.
6. term of the contract
6.1 The service contract is concluded for the term agreed in the service certificate. See Special Agreement.
7. prices and terms of payment
7.1 The performance of services during the usual business hours agreed in the service certificate shall form the basis for the flat-rate price agreed in the service certificate. Insofar as the customer requests the performance or continuation of services outside the agreed usual business hours, the surcharge resulting from the valid service price list shall be invoiced.
7.2 The machine shall be maintained by the customer in accordance with the care and maintenance machine manual supplied with the machine. Additional work caused by inadequate care and maintenance may be invoiced separately to the customer by Steuber in accordance with the currently valid price list for service work.
7.3 The costs of travel for the service personnel are included in the package price.
7.4 If wage, material or other costs change, Steuber may increase the service fee appropriately with three months' notice. The maximum increase is 5% / year.
7.5 The service price, including VAT, is due monthly on the last day of each calendar month. Payments shall be made without any deductions, free of charge to the bank account, within 10 days on the agreed dates.
7.6 If the payment deadline is exceeded or in the event of default, Steuber shall charge interest in the amount of 9 percentage points above the base interest rate, unless higher interest rates have been agreed. Steuber reserves the right to assert further damage caused by default. The customer shall be in default at the latest 10 days after the due date.
7.7 Counterclaims which have not been legally established or recognised by Steuber shall not entitle the customer to withhold or offset payment.
8 Liability for material defects
8.1 Steuber shall be liable for material defects in such a way that it must remedy the defects. This claim shall become time-barred within 12 months from the completion of the respective service to be provided.
8.2 For the spare parts installed according to this contract, Steuber warrants for defect-free design and manufacture as well as for defect-free material in such a way that it shall, at its discretion, either remedy the defect free of charge on parts (including software) which became unusable as a result of such defects or whose usability was significantly impaired, or redeliver such parts within 12 months after their installation.
8.3 Replaced parts shall become the property of Steuber.
8.4 For subsequent performance work and installed replaced parts, the liability for material defects shall end with that of the originally performed work or the replacement part originally delivered under this contract. The customer shall grant the necessary time and opportunity to carry out any necessary subsequent performance work or to remove defective parts and install newly delivered parts. Additional costs for work outside the agreed usual business hours as well as additional costs due to express deliveries shall be borne by the customer.
8.5 The liability for material defects does not apply to natural wear and tear, unless they are part of the scope of delivery of this contract in accordance with the selected service programme; furthermore, it does not apply to damage resulting from improper storage, handling or use of unsuitable operating materials, chemical, electrochemical or electrical influences, voltage fluctuations, power failure.
8.6 The customer can only make a claim against Steuber for liability for material defects if the material defect was notified to Steuber without delay, the manufacturer's instructions for the handling and maintenance of the machine were observed and, in particular, prescribed inspections were properly carried out, no rectification work was carried out without the consent of Steuber, no spare parts were installed which were not original spare parts of the manufacturer or of the manufacturer or Steuber. are approved parts, no independent modifications have been made to the delivery item.
9 Right of termination by the customer
9.1 The customer may only terminate the contract in writing in accordance with the following provisions.
9.2 A right of termination entitling to termination without notice exists,
a) if the fulfilment of the contract has become completely impossible for Steuber. In the event of partial impossibility, the right of termination shall only exist if the partial performance is demonstrably of no interest to the customer; otherwise the customer may demand an appropriate reduction of the service price. If the impossibility occurs during the delay in acceptance or through the fault of the customer, the customer shall remain obliged to counter-performance. If neither contractual party is responsible for the impossibility, Steuber shall be entitled to a part of the service price corresponding to the services rendered. The instalments already paid shall be offset against this claim.
b) if the customer is entitled to claim the full amount of the compensation for delay, if he has set Steuber a reasonable grace period in writing after this point in time and if he proves after the expiry of this grace period that the grace period was exceeded for reasons other than those stated in 4.3.
c) if the customer has set a reasonable grace period in writing for the rectification of a defect for which Steuber is responsible and which is recognised in accordance with Art 8.6. the rectification of which Steuber has attempted in vain, and if Steuber has not complied with this grace period through its fault. Due to the complexity of the delivery item and any resulting defects, Steuber is entitled to carry out more than just two attempts at subsequent performance if necessary
9.3 In the case of 9.2. b), the customer may only terminate the contract if he can prove that as a result of the delay his interest in the service is substantially impaired.
9.4 In all other respects, 10.
10 Steuber's right of termination.
10.1 Steuber can terminate the contract, without prejudice to further legal claims and rights, if unforeseen events significantly change the economic significance or the content of the service or have a significant effect on the operation of Steuber and the contract cannot be adjusted appropriately in good faith or if the economic circumstances of the customer deteriorate significantly. If Steuber wishes to make use of the right of termination, it shall inform the customer of this immediately after recognising the significance of the event.
11. scope of the client's claims
11.1 If, during the performance of the services, the machine is damaged through the fault of Steuber, Steuber shall repair it.
11.2 If, through the fault of Steuber, the machine cannot be used by the customer in accordance with the contract as a result of omitted or faulty execution of suggestions and advice as well as other contractual ancillary obligations - in particular instructions for operation and maintenance - the provisions from 8. and 11.1. and 11.3. shall apply accordingly to the exclusion of further claims by the customer.
11.3 Steuber shall, however, be liable for
a) in the case of intent and gross negligence on the part of its organs and its executive employees as well as in the case of intent on the part of its vicarious agents
b) in the event of culpable breach of main contractual obligations
c) in the event of culpable injury to life, limb and health
d) in the case of defects which have been fraudulently concealed or the absence of which has been guaranteed,
e) if and insofar as liability is assumed under the Production Liability Act for personal injury or property damage to privately used objects.
11.4 A quality/characteristic of the delivery item shall only be deemed to be guaranteed within the meaning of the law if it is explicitly designated as a "guaranteed quality" in the text of the contract.
11.5 Irrespective of this, Steuber shall always be liable if and to the extent that Steuber's existing public liability insurance provides compensation. The public liability insurance is based on the General Insurance Conditions for Liability Insurance (AHB).
11.6 Insofar as Steuber is liable in accordance with 11.3. a) and b) for gross negligence or for a culpable breach of main contractual obligations, the liability is limited in scope to the reasonably foreseeable damage typical for the contract.
11.7 Claims and rights other than those listed in these terms and conditions or regulated in the text of the contract are excluded. This applies in particular to further contractual and statutory claims for damages.
12. non-transferability of contractual rights
12.1 The customer may not transfer its contractual rights to third parties without the express consent of Steuber.
13. other provisions
13.1 In the event of relocation of the machine, Steuber shall have the option of adjusting the service price in accordance with the changed boundary conditions or terminating the contract. The customer can agree to this contract adjustment or terminate the contract for his part. In both cases, the termination shall take effect at the end of the current month.
13.2 In the event of sale of the machine, the customer has a right of termination with effect from the end of the month after next.
13.3 Tools, aids such as setting gauges, documentation and software which have been brought to the customer by Steuber for the purpose of performing services remain the property of Steuber. This also applies to aids or software which have been installed within the machine and which may allow remote access. Steuber is entitled to remove these again at any time or to terminate their use. At the written request of Steuber, the customer must destroy any tools, aids, documentation or software.
13.4 Amendments and supplements to the contract must be made in writing and require the mutual consent of Steuber and the customer.
14 Place of performance, place of jurisdiction, applicable law
14.1 Place of performance and exclusive place of jurisdiction is Mönchengladbach.
14.2 German law shall apply to all legal relationships between Steuber and the customer in addition to these terms and conditions. The provisions of the Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
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A) Calculation rates including trip
Service technician mechanics / electrics
Normal operating time 07:00 to 20:00 €/hour 106.00
Operating time 20:00 to 07:00 hrs and Saturday €/hour 147.00
Operating time Sunday and public holiday €/hour 184.00
Accommodation flat rate or actual hotel costs
plus 15 € overnight expenses €/day 100,00
Outward and return journeys by car
or individual travel flat rate €/km 2.00
Instructors Mechanics / Electrics
Normal operating time 07:00 to 20:00 /hour 119.00
Operating time 20:00 to 07:00 hrs and Saturday €/hour 165.00
Operating time Sunday and public holiday €/hour 206.00
Accommodation flat rate or actual hotel costs
plus 15 € overnight expenses €/day 100,00
Outward and return journeys by car
or individual travel flat rate €/km 2.00
The prices are net (plus VAT).
The calculation rates listed are based on today's cost factors. In the event of a change in this basis, we reserve the right to adjust our rates accordingly. We also reserve the right to charge separate rates for the secondment of technical specialists. Waiting time is considered normal working time.
Travel costs are calculated according to the km incurred. Should technicians not be able to travel home over the weekend, the weekend allowance will be charged.
B) Incidental costs
Any tooling costs incurred are included in our rates. These tools, which the technician carries with him, do not include larger devices such as lifting tongs, cranes and loading equipment for unloading, transporting and setting up the machine. These costs as well as the transport costs shall be borne by the principal. If the customer does not provide a lockable storage room for tools and materials and if tools and/or materials are lost during the performance of work for which they are required or must be kept available according to the dutiful discretion of the technicians deployed, the customer shall be liable for compensation. This shall also apply if items of the aforementioned type are lost during brief interruptions to the installation work, which in individual cases may last up to 2 hours.
C) Acceptance of work
On completion of the work, the duration of the activity and the proper handover of the machine must be confirmed on the time sheet.
D) Services provided by contractual partners
If, in consultation with the client, technicians and instructors of our contractual partners
(e.g. MBO, Hohner, Technotrans etc.) are used, their conditions and rates apply.
In all other respects, our General Terms and Conditions of Delivery apply, which can be viewed at
https://steuber.net/verkaufs-und-lieferbedingungen/
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