RHK Plant Engineering GmbH
AGB
AGB
General terms and conditions for work contracts with commercial clients
I. General
1. The following general terms and conditions and any individual agreements form the basis of the contract for all orders to be carried out by the entrepreneur (hereinafter referred to as the contractor). They take precedence over any deviating conditions of the purchaser (hereinafter referred to as the client), which are expressly rejected.
2. For evidential reasons, all contractual agreements must be made in writing or in electronic form (Section 126 a of the German Civil Code).
II. Offers and documents
1. Offers from the Contractor are generally subject to change. If an offer from the Contractor is in the form specified in Section I No.2 and nothing else has been agreed, the offer is binding for a period of 60 calendar days after receipt by the client.
2. Weight or dimension information in the Contractor's offer documents (e.g. in plans, drawings, illustrations) is only approximately accurate in terms of weight or dimension, unless this information is designated as binding at the Client's request.
3. Offers, calculations, plans, drawings, calculations, checks of calculations, cost estimates or other documents of the Contractor may not be copied or modified without the consent of the Contractor, nor may they be made accessible to third parties, and must be returned to the Contractor immediately if the order is not placed. In this case, any copies made must be destroyed.
4. Official and other permits must be obtained by the client and made available to the contractor in good time. The contractor must hand over the necessary documents to the client.
III. Prices
1. Surcharges will be charged for overtime, night work, Sundays and public holidays ordered by the client, as well as for work under difficult conditions. The calculation assumes that the contractor has informed the client of the increased hourly rates at the latest at the time of the order or the start of the relevant work.
2. An increase in VAT will be passed on to the client immediately in commercial transactions and in non-commercial transactions if the work is carried out after four months have passed since the conclusion of the contract.
3. If necessary, electricity, gas, water or sewage connections will be made available to the contractor free of charge. Unless otherwise agreed, the client will bear the consumption costs.
IV. Terms of payment and default
1. After acceptance of the work, invoices are due and payable immediately, unless otherwise agreed. Section 650g Paragraph 4 of the German Civil Code applies with the proviso that the final invoice is deemed to be auditable if the client does not raise justified objections to the auditability within 14 days of receipt. All payments must be made as quickly as possible and made by the client to the contractor without any deductions (cash discounts, rebates) after acceptance and receipt of the invoice, at the latest within 14 days of receipt of the invoice. After the expiry of the 14-day period, the client is in default, provided that the other legal requirements are also met.
2. Bills of exchange and cheques will only be accepted in lieu of payment; the costs and expenses incurred in this regard shall be borne by the payer.
3. The client may only offset undisputed or legally established counterclaims.
V. Execution
1. If execution deadlines have not been agreed, work must begin immediately after order confirmation, but no later than 12 working days after the client's request, provided that the client has provided the permits required under II. Section 4, unhindered commencement of assembly and, where necessary, free provision of an electricity, gas and water connection is guaranteed, the materials to be installed are available and any agreed down payment has been received by the contractor.
2. If cutting, welding, thawing and/or soldering work and the like are planned, the Client is obliged to inform the Contractor before the start of his work of any dangers associated with the work that are known to the Client (e.g. fire hazard in rooms, storage of valuable goods in adjacent rooms, fire-prone building and other materials, danger to life and limb of people, etc.).
VI. Acceptance and transfer of risk
1. The Contractor shall bear the risk until acceptance of the work.
2. If the client is in default with the acceptance, the risk passes to him at the time of the delay. A transfer of risk also occurs if the assembly is interrupted for reasons for which the client is responsible and the contractor has mutually handed over the services provided up to that point into the care of the client.
3. The work must be accepted after completion, even if the final adjustment has not yet been made. This applies in particular after trial commissioning and in the event of premature commissioning (construction site heating). The client cannot refuse acceptance due to minor defects.
VII. Attempted repair
If the contractor is commissioned to repair an existing object (repair order) and the fault cannot be remedied or the object cannot be repaired because
a) the client negligently fails to grant access to the property at the agreed time or
b) the error/defect cannot be found despite compliance with the generally accepted rules of technology or cannot be remedied in an economically viable manner after consultation with the client, the client is obliged to reimburse the contractor for the expenses incurred, unless the impossibility of carrying out the repair falls within the contractor's area of responsibility and risk (e.g. spare parts can no longer be obtained).
VIII. Warranty rights
1. The obligation to remedy defects does not apply to cases of damage that have occurred after acceptance due to incorrect operation or violent intervention by the customer or third parties, due to unavoidable chemical or electrical influences, or due to normal wear and tear (e.g. of seals).
2. Minor colour deviations inherent in the system (e.g. due to the manufacturing process of ceramics) and minor colour deviations resulting from the use or combination of different materials are deemed to be in accordance with the contract.
3. Within the scope of its obligation to remedy defects under the work contract (obligation to provide subsequent performance), the contractor must only remedy defects that existed/appeared at the time of acceptance and that are causally based on the content of the work contract (e.g. repair, improvement, maintenance order), but not defects in the client's object whose cause cannot be traced back to the content of the work contract.
IX. Liability for damages
The contractor is liable for damages – regardless of the legal basis – within the framework of liability based on fault only
a. in the event of intentional or grossly negligent breach of duty by himself, his legal representative or his vicarious agents, in the event of injury to life, body or health, also in the event of negligent breach of duty;
b. in the event of defects which the Contractor has fraudulently concealed;
c. in the case of a guarantee for the quality of the work;
d. in the case of liability under the Product Liability Act;
e. for damages resulting from the not insignificant breach of essential contractual obligations; in the case of simple negligence, however, the client's compensation is limited to the compensation for foreseeable, typically occurring damage, unless liability is incurred due to injury to life, body or health.
X. Limitation period
1. Notwithstanding Section 634a Paragraph 1 No. 1 of the German Civil Code (BGB), the Client’s claims for defects shall expire one year after acceptance of the work.
2. In the cases of Section 634a Paragraph 1 No. 2 (work on a building), the statutory limitation period of 5 years remains in effect.
3. The above limitation periods also apply to contractual and non-contractual claims for damages by the client that are based on a defect in the work, unless the application of the regular statutory limitation period would lead to a shorter limitation period in the individual case. However, claims for damages by the buyer in accordance with IX. a. to d. expire exclusively in accordance with the statutory provisions.
XI. Retention of title
1. The Contractor reserves ownership and the right of disposal of the delivery items until all payments arising from the contract have been received.
2. If the delivery items have become an integral part of the building or the property of the Client, the Client undertakes, in the event of non-compliance with the agreed payment dates and without having its own right to refuse performance, to allow the Contractor to dismantle the items that can be removed without significantly affecting the structure of the building and to transfer ownership of these items back to the Contractor.
3. The costs of dismantling shall be borne by the client.
4. If the items brought in by the Contractor are combined or processed as essential components with a property or with another object, the Client shall hereby assign to the Contractor its claims or its right of co-ownership in the new object in the amount of the Contractor's claim if claims or co-ownership arise as a result of the combination or processing.
XII. Place of jurisdiction
The place of jurisdiction is Hamburg.