Terms and conditions for repairs 2017-02-21T17:18:03+00:00

Terms and conditions for repairs

1. Conclusion of contract

After receiving the appliances and the repair order from the customer the contractor
shall inspect the devices regarding working order and feasibility of repair shall repair the
faults to be stated by the customer in accordance with clause 5 (non-feasible repairs) in
the form of an individual performance. If an undefended written acknowledgement of
order is available then this shall be decisive as to the content of the contract as well as
the extent of the repairs. Ancillary agreements and amendments of the contract require
a written confirmation by the customer.

2. Prices and payment

The calculation of the repair price shall include a separate listing of prices for special
performances or any parts and materials used, as well as the prices for the work
performed, travel and transport costs. If repairs based on a binding estimate are carried
out, a reference to the estimate shall suffice; only changes to the extent of the
performance are to be listed separately. Any queries regarding the invoice must be
submitted in writing within 4 weeks after receipt at the latest. Payments shall be made at
once after the invoice has been received without deducting cash discount. Withholding
of payments or offsetting due to possible counterclaims by the customer shall not be
permitted.

3. Particulars of cost, estimates

If expressly required, the customer shall be given an estimate of the anticipated repair
costs per repair offer at the point of conclusion, or else the contractor can set cost
limits. Should it prove impossible to carry out the repairs at the quoted cost, or if the
contractor considers additional work necessary whilst repairs are in progress, it shall be
necessary to obtain the consent of the customer if such repairs exceed the cost by
more than 15 percent. If prior to the repairs an estimate stating binding prices is
required, this must be pointed out specifically by the customer and asked for in writing.
A fee shall be charged for this kind of estimate and it shall only be binding if given in
writing and described as binding. The customer shall not be charged for any work
carried out in order to give this estimate as long as it can be put to use during the
repairs.

4.Warranty

The inspections of warranties and the fulfilment of warranty obligations regarding the
repair item will, without exception, take place at the premises of the contractor. For this
purpose the customer shall send the repair item at his own expense to the contractor. If
the repair item proves to be a warranty case, the contractor shall be obliged to repair it,
or to provide a replacement of the same value, to the customer. After the customer has
accepted the repaired item, the contractor shall only be liable for the work carried out by
him. There is a 1 year warranty from the acceptance of the repairs by the customer. In
the case of a warranty the contractor is entitled to attempt a second fault removal if the
first attempt of removing the fault proved to be unsuccessful. The customer on the other
hand is obliged to report any discovered faults immediately in writing to the contractor.
He shall forfeit the right to lodge a complaint if he does not do so within a week after
discovering the fault. The time limit for the warranty shall be extended by the time it took
to repair the faulty item. The contractor shall not be liable for faults that are of no
consequence to the interests of the customer, or if caused by circumstances for which
the customer is responsible. This refers in particular to parts provided by the customer.
Improper modification or work carried out by the customer or a third party without
seeking prior consent from the contractor shall result in the loss of warranty provided by
the contractor for any resulting damage. If the contractor neglects to remove faults
within a period of grace granted to him, the customer shall be entitled to a reduction in
price. The right to a reduction in price shall also be granted in cases in which repeated
attempts to remove faults have failed. However, the customer shall only be entitled to
withdraw from the contract, after giving due notice, if the repairs turn out to be of no
interest to the customer, despite the reduction in price.

5. Non-feasible repairs

Services rendered in connection with an estimate as well as any other additional data
supported efforts during the inspection of the devices (fault searching time equals
working hours) will be billed to the customer if the contractor is of the opinion that
repairs cannot be carried out, especially if:
– the claimed fault did not show up during inspection;
– repairs would no longer be economical; – spare cannot be obtained;
– the customer culpably failed to meet the agreed deadline or his duty of participation
despite the setting of a deadline;
– the contract was terminated whilst repairs were in progress;
The repair item must only be restored to its old state if the customer expresses a wish to
have this done at his cost, unless the work carried out was unnecessary. Irreparable
devices will be returned at the customer’s expenses. However, the customer shall be
entitled to ask the contractor to dispose of the irreparable items at the customer’s
expense.

6. Transport and insurance

Unless agreed otherwise in writing, shipping of the repair item to and from the repair
firm – including possible packaging and loading – shall be carried out at the
customer’s expense. The customer is free to pick up the repair item from the
contractor after repairs are finished. The customer is responsible for any risks involved
during transport. If written instructions by the customer are received, the item will be
insured at his cost covering the transport to and from the destination against insurable
transport hazards (e. g. theft, breakage, fire etc.). There will be no insurance cover
during the period of repair at the premises of the contractor. It is up to the customer to
ensure that current insurances for the repair item are in place. Insurance protection
against such dangers will only be arranged if specifically requested by the customer.
The contractor shall be entitled to charge storage fees for storage on site if delays are
caused by the customer (delayed performance). The contractor can also store the
repair item at a different place according to his best judgement. Cost and danger
involved in storage shall be at the customer’s risk.

7. Time limit for repairs

Time limits and times set for repairs are based on estimates and are therefore nonbinding.
The customer cannot receive binding time limits for repairs which must be given
in writing until the extent of the work to be carried out has been established in detail. The
deadline shall be deemed met when the repair item is ready for collection or sending
back to the customer. Additional and extended orders received at a later date will extend
the time limit for repairs accordingly. Delays caused by industrial action, especially
strike and lockouts as well as circumstances outside the control of the contractor will,
as long as such obstacles have a provable, great influence on the progress of the
repairs, result in an appropriate extension of the time limit; this shall also apply if such
circumstances arise after the contractor had started to fall behind. Should the delay of
the contractor cause provable damage to the customer, the latter shall be entitled, to
the exclusion of further claims, to claim compensation for the delay. This shall amount to
5 percent per completed week of delay, but shall not exceed a total of 50% of the repair
costs for the part that cannot be used at the expected time due to the delay and that is to
be repaired by the contractor If the customer grants the contractor an appropriate
period of grace, which must include a threat of performance rejection, and the new
deadline is not met, the customer shall be entitled to pull out of the contract. Regardless
of clause 10, the customer shall not be entitled to further claims.

8. Acceptance inspection

The customer shall be obliged to inspect the repair work carried out on the repair item
as soon as it is available to him. If the work carried out does is not conformable to the
contract the contractor shall be obliged to remove the fault. This does not apply if the
fault is of minor importance to the interests of the customer, or is the result of
circumstances caused by the customer. In the case of a substantial fault the customer
shall not be entitled to refuse acceptance if the contractor expressly accepts his duty to
remove the fault. If the acceptance inspection is delayed due to no fault of the
contractor, the repair item shall be deemed accepted after a period of two weeks from
the announcement of completion of repairs. Once accepted, the contractor shall no
longer be liable for discernible faults unless the customer has reserved the right to claim
with respect to a specific fault.

9. Retention of ownership, extended right of lien

The customer shall reserve the right to ownership to all accessories, spare and
exchange parts used until the receipt of all invoices for payment arising from the repair
contract. Additional agreements about transfer of ownership may be made. The
contractor shall have a right of lien to the customer’s item in his possession due to the
debt outstanding from the repair contract. The right of lien can also be asserted with
respect to debt outstanding from work, deliveries and other performances carried out
at an earlier time.

10. Other contractor’s liabilities, exclusion of liability

Should any parts of the repair item be damaged by the contractor, the contractor shall
have the right to decide whether he wants to repair them at his own cost or to deliver
new ones. The obligation to pay damage is limited to the amount of the agreed repair
costs. Otherwise the subsequent clause shall apply accordingly. The customer shall,
apart from the entitlements stated in these term and conditions, not be entitled to
further claims against the contractor for compensation – particularly no claims for
damages and not resulting from non-contractual actions either – or other rights due to
possible disadvantages involving the repairs. In this connection it shall be immaterial
which legal justification he refers to. This exclusion of liability shall not apply to acts of
culpable negligence committed by the contractor, his employees or a person employed
in performing an obligation, as well as to the violation of essential duties set out in the
contract. In cases of culpable violations – with the exception of acts of culpable
negligence or intentional tort – of essential contractual duties the contractor shall only be
liable for damages typical for this kind of contract that can reasonably be expected. In
addition to this, exclusion of liability shall not apply in cases in which there is a liability for
faulty repairs in connection with personal or physical damage in accordance with the
product liability law. It shall also not apply to missing characteristics that were warranted
in writing if the warranty had the specific purpose to guard the customer against
damage that did not occur to the item itself.

11. Other terms, place of jurisdiction

So far as the purchaser is a business man or a legal person under public law or a public
enterprise the contractor’s place of residence shall be place of jurisdiction for any
disputes arising directly or indirectly from the contractual relationship. All duties arising
from the contractual relationship are to be performed at the premises of the contractor.
German law shall always apply, in particular for international deliveries.

Edition 10.09