General Installation Conditions
Elektro Kayser GmbH
I. Scope
These „General Installation Conditions“ apply to all assemblies and repairs carried out by Elektro Kayser GmbH, unless deviating agreements have been made in individual cases. All changes and subsidiary agreements require the written confirmation of Elektro Kayser GmbH. Insofar as no special regulations are contained in these „General Installation Conditions“, our „General Terms and Conditions“ also apply to our assemblies and repairs.
The installation dates stated in the order confirmation are to be considered as an indication, the assembly acceptance will be agreed in advance. Duty of compensation in case of late assembly acceptance is excluded in any case.
II. Scope of work
The installation will be charged according to time, unless an all-inclusive price is agreed.
The agreed amounts are exclusive of VAT, which must also be repaid to us.
The installation costs are to be paid immediately after receipt of the invoice without any deductions and free to our paying office. The invoicing of the installation costs shall be made weekly, monthly or after the assembly has been completed at the discretion of Elektro Kayser GmbH. The customer must certify the work and work performance of the personnel on the form provided by us.
III. Working hours
The normal working time is calculated according to the applicable rate provisions of the iron, metal and electrical industry (currently 7.5 hours). This time is also credited if, for reasons not attributable to us, a shorter working time must be adhered. Work on Saturdays is considered supplemental overtime.
Surcharges for multi-day, night, Sunday and public holidays as well as for work under difficult conditions:
25 % overtime per day 1 – 2 hours
50 % overtime daily over 2 hours
50 % Saturday work
100 % Sunday work
150 % holiday hours
30 % night work 7 pm to 6 am
15 % working under difficult conditions such as water, mud, especially dirty work and such.
Travel times are calculated as working hours.
Waiting times are calculated as working hours, if the assembly staff is prevented from leaving or cannot work for reasons not attributable to us.
IV. Obligations of the supplier
We undertake to ensure a careful selection and proper guidance of the installation personnel, the number and composition of the assembly personnel to be sent on a case-by-case basis is the sole responsibility of us.
V. Duties of the customer
The customer undertakes to assist us in the preparation and execution of the installation, to take all measures not incumbent on us free of charge. In particular, he takes over for us free of charge:
All necessary preliminary work such as earthworks, masonry, foundations, locksmithing, caulking, scaffolding and finishing work including the procurement of the necessary building materials.
The provision of the necessary equipment and heavy tools such as cranes, hoists, compressors, etc. as well as the provision of the necessary commodities and materials such as wood, documents, sealing material, lubricant, water, compressed air, oxygen, electricity.
The provision of suitable auxiliary personnel, which are subject to the instructions of our installation supervisor, who can reject the unsuitable forces and for which a liability on our part is not accepted.
The provision of necessary dry and lockable rooms for storing the tools of our installation personnel. Suitable theft-proof lounges and work rooms with heating and lighting, washing facilities, sanitary facilities and a first aid for the installation staff.
The transport of the assembly parts to the assembly site, the protection of the assembly parts and materials against harmful influences of any kind and the cleaning of the assembly parts.
The provision of the materials and the carrying out of all other actions necessary for the regulation of the delivery item and for the performance of trials.
The customer assumes responsibility for compliance with applicable accident prevention regulations; he must take the necessary measures at the assembly site.
He also undertakes to inform our assembly manager of forthcoming safety regulations, insofar as these relate to our installation personnel. Violations of our installation personnel against safety regulations must be reported to us immediately. All the above measures must be carried out in good time so that our installation personnel can start the installation immediately after arrival and complete it without interruption.
VI.Notice requirement
The customer must inform the project management of the company Elektro Kayser GmbH immediately in writing, stating the reasons, in writing about any objections to the intended method of execution, to preparatory work by his subcontractors or to any discrepancies in the examination of the drawings.
VII. Decrease
The purchaser is obliged to accept the assembly as soon as it has been notified of its completion and an approximately contractual test of the assembled delivery item has taken place. If the assembly proves not to be in accordance with the contract, then this company Elektro Kayser GmbH is obliged to remedy the defect at its expense. This does not apply if the defect is insignificant for the interests of the purchaser or is based on a circumstance attributable to the purchaser. If there is a non-material defect, the purchaser cannot refuse acceptance if the company Elektro Kayser GmbH expressly acknowledges its obligation to remedy the defect.
With the acceptance the liability of the company Elektro Kayser GmbH for recognizable deficiencies, as far as the orderer does not reserve the assertion of a certain defect, does not apply.
For work that is carried out without our special instruction, we accept no liability whatsoever. Declarations of any kind of installation personnel are only binding for us if they have been confirmed by us.
VIII. Liability
We are liable only in the context of our liability insurance.
Defective consequential damages, such as escaped profit in particular, as well as damages due to interruption of production and operational hindrance are expressly excluded.
In the case of loss of test data or damage to data and carrier material, the liability of Elektro Kayser GmbH is limited to the material value of the data carriers and therefore does not include the expense of recovering lost data.
Due to a breach of confidentiality, Elektro Kayser GmbH is only liable if employees of Elektro Kayser GmbH or subcontractors of Elektro Kayser GmbH and their members have acted with intent or gross negligence. Claims against employees of Elektro Kayser GmbH or employees of their subcontractors are – as far as legally permissible – excluded.
Insofar as claims for damages according to the preceding paragraphs are excluded or limited, this exclusion or restriction also covers claims arising from tort and claims against employees and agents of Elektro Kayser GmbH.
We are not liable for the work of our assembly personnel and other vicarious agents, as far as this work is not related to the assembly or as far as the defects are due to the intervention of the customer.
The client is obliged to ensure the safety at the installation site. He is liable for personal injury and material damage resulting from the breach of this obligation.
For a professional installation or repair work, we are liable within 12 months after acceptance under exclusion of further claims of the kind, that on our fault-based defects are removed free of charge by us.
Detected defects must be reported to us immediately. The right to assert the defects becomes statute-barred within 3 months after notification.
The warranty is extended by the point in time during which, as a result of our repair work, a business interruption occurs, but limited to the parts of the plant to which the defect relates.
For repair costs, our liability is limited to the professional execution of the repair. We are under no obligation to inspect the system for any other defects that affect or abolish its ability to function. Damage caused by natural wear or by improper treatment, does not constitute a defect liability.
We shall not be liable for defects if the customer has made changes to the system itself or has had it done by third parties without our prior written consent. It shall cease to apply if the customer is in default of us due to due obligation. Likewise, we are not liable for work performed by our installation personnel on parts that we did not deliver without our having given written instructions.
For the rectification of defects, the customer has the time and opportunity to provide us with normal working hours. In addition to the aforementioned claims, the customer can not assert claims for damages, irrespective of the legal grounds. In particular, any claims whatsoever for the reimbursement of consequential damages, including those resulting from a positive breach of contract or unlawful acts, are excluded, unless the latter was intentional.
If deviating conditions arise for intended assemblies, these require a written agreement or are to be recorded in the order text of the assembly order.
IX. Limitation
All claims of the purchaser – for whatever legal reason – expire in 12 months.
X. Jurisdiction
Jurisdiction for both parties is the competent court of the supplier.
For all legal relationships between the supplier and the buyer, the law of the Federal Republic of Germany, which governs the legal relations between domestic parties, applies exclusively.