1. general
(1.1) These following terms and conditions and price provisions apply - together with our General Terms and Conditions - to the agreed assembly of contractual products outside our factory. Other terms and conditions shall not become part of the contract, even if we do not expressly object to them. The customer may only invoke ancillary agreements prior to and upon conclusion of the contract if they are confirmed in writing without delay.
2. preparation and provision obligations of the customer
(2.1) The customer shall bear the duty to ensure traffic safety at the installation site. He must enable us to carry out the installation without accidents. This includes compliance with all relevant health and safety and accident prevention regulations.
(2.2) The customer is obliged - at his own expense - to
a) to prepare the construction site so that the installation work can be carried out freely;
b) to provide electricity, water, heating, lighting and Connections:;
c) to provide the necessary labour in the number and time required for the installation work;
d) to complete all earthworks, construction and installation work prior to the start of assembly;
e) to provide the necessary equipment, heavy tools and utensils;
f) to provide lockable rooms for the storage of tools and clothing of the assembly personnel as well as suitable washing facilities;
g) to transport the assembly parts to the assembly site, to protect the assembly parts and Material: from harmful influences of any kind, and
h) for other support of our fitters during assembly, insofar as objectively required.
(##########_3__) The customer must ensure that the assembly can be started immediately after the arrival of the assembly personnel and can be carried out without delay until acceptance. The auxiliary staff provided by the customer must follow the instructions of our authorised representative. We accept no liability for the assistance provided or for the assistants;
(2.4) Statements of any kind made by our fitters shall only be binding on us if we have confirmed them in writing.
3. installation prices
(3.1) If no fixed installation prices have been agreed, installation work shall be charged at the following hourly rates:
a) Engineers and equivalent employees 99.50 Euro
b) Service technicians 59.00 Euro
(##########_6__) The hourly rates apply to all working, waiting, travelling and travel times. The weekly working time of the fitters is 38.5 hours with 7.7 normal working hours per day from Monday to Friday.
(3.3) For overtime, night work, Saturday, Sunday and public holiday work, we can charge the following surcharges in addition to the o.a. hourly rates:
25% - for the 1st to 6th hour of overtime per week or from the 9th hour/day
40 % - from the 7th hour of overtime per week and for Saturday work
50 % - from 9.00 a.m. to 10.00 a.m. Saturday and Sunday work
100 % - public holiday hours if the public holiday falls on a Sunday
125 % - public holiday hours if the public holiday falls on a weekday
(3.4) In addition to the hourly rates and surcharges, the remote release amount of 5.00 euros will be charged for each full hour of absence from our plant. The remote release fee will also be charged for the duration of any incapacity to work caused by an accident.
(3.5) Furthermore, we charge travelling costs to the installation site and back at cost price according to proof. We reserve the right to choose the means of transport used. If motor vehicles are used, we charge a kilometre rate of 0.75 euros. Travelling between the accommodation at the installation site to the construction site and back will also be charged according to the o.a. rates.
(##########_14) A flat rate of 79.00 euros will be charged per overnight stay; in the event of higher costs, the actual costs incurred will be charged.
(3.7) In addition to the aforementioned hourly and kilometre rates, we are entitled to an aggravation allowance, height and dirt allowances as well as a hazard allowance. The amount of these allowances is based on the provisions of the collective labour agreement and the respective local conditions. If no agreement is reached, we may determine the allowances at our reasonable discretion in accordance with § 315 BGB.
4. quality, acceptance, limitation of claims for defects
(4.1) The customer must certify the working time and the work performance (daily if requested) on our customer service reports by signature to our authorised representative. The certified customer service reports shall be used as the basis for the installation costs to be charged.
(4.2) We may demand instalment payments after every 3 days of installation for the Power provided up to that point.
(4.3) Our installation invoices are due immediately upon receipt without deduction. Withholding payment or offsetting is only permitted in the case of undisputed or legally established counterclaims of the customer.
(4.4) The customer may not demand reimbursement from us for voluntary services provided by the customer to our installation personnel which have not been agreed with us in writing in advance.
