General Terms and Conditions of Industry Service Rhein-Ruhr GmbH Duisburg
1 Validity of the conditions
1.1 The deliveries, services and offers of the supplier are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These conditions are deemed to be accepted at the latest on receipt of the goods or services.
Counter-confirmations of the customer with reference to their business or purchase conditions are hereby contradicted.
1.2 Deviations from these terms and conditions are only effective if confirmed in writing by the supplier.
2 Order form
An order form indicates the services to be provided and the completion date. At the completion date, it should be indicated whether it is a binding or an expected date. Multiple copies of the order form have to be handed over to the customer.
3 Cost estimate
Prices in the order form are not binding. If the customer requires a binding indication of the price, he has to request a written quotation or cost estimate from the supplier. The supplier shall be bound to his cost estimate for one month. Services which the customer provides to the supplier for the preparation of the cost estimate can only be invoiced if this has been agreed. If the work is ordered on the basis of the cost estimate, the invoiced costs for the cost estimate will be credited to the repair invoice. The costs stated in the cost estimate may be exceeded by 15% if difficulties occur during the execution of the repair.
4 Default of the supplier
4.1. The supplier undertakes to comply with binding completion dates. This does not apply insofar as conditions change due to changes or extension of the work by the client. In this case, the customer has to state a new completion date.
4.2. The same applies in the event of a delay as a result of force majeure or breakdowns that the supplier was not responsible for.
4.3. In the aforementioned cases, the supplier is not obliged to pay damages.
4.4. Otherwise, the statutory provisions for delay remain unaffected.
5.1. The customer must pick up the object of repair at the latest one week after completion at the supplier or the supplier must deliver to the customer.
In case of failure to pick up, the statutory regulations, in particular the regulations on non-acceptance, apply.
5.2. If the customer defaults on the acceptance, the suppler is entitled to the storage of the repaired item.
The invoice amount is due for payment upon delivery of the invoice, if the service has been accepted. If the customer does not take part in the acceptance, the due date will be one week after sending the invoice.
The customer may only offset against claims of the supplier with an uncontested or legally determined counterclaim.
8 Advance payment
The supplier may require a reasonable advance payment if he has to pay for the replacement parts to be procured.
9 Lien of supplier
In addition to the legal lien, the supplier is also entitled to a contractual lien on the repaired items taken into possession. The contractual right of lien will be extended to claims arising from previously performed repair services, insofar as they relate to the contract item.
10 Material defects
The material defects claims of the customer become time-barred after one year from acceptance of the item of repair. If the customer is a merchant who has placed the repair order in this capacity, claims for defects of quality become time-barred one year after delivery.
Claims of the customer arising from the assumption of a guarantee of quality or fraudulent concealment of defects remain unaffected; the statutory periods of limitation apply.
If the supplier is obliged to pay damages, this obligation to pay compensation for slight negligence occurs only if life, body or health or essential contractual obligations have been violated.
In case of the supplier’s own liability, it is limited to a maximum of € 10,000.00.
In case of gross negligence or intent, compensation for all damages is due.
The supplier has taken out a liability insurance in the amount of € 3,000,000.00 for property damage, personal injury and pecuniary loss.
12 Retention of title
Built-in or delivered spare parts remain the property of the supplier until full payment of the invoice amount, insofar as they have not become an integral part of the repaired item.
13 Jurisdiction, applicable law
The sole place of jurisdiction for all disputes arising from the contractual relationship and related disputes is the court of LG/AG Duisburg.