Business-, Delivery-, Work- and Transfer-Conditions
Our offers are without engagement and obligation.
Changes of orders are possible, as long as there are no special orders, until the demand of the delivery.
3. Contract form
All contracts and agreements are written only. The same applies for changes, additions and additional agreements of any kind.
4. Delivery item
The delivery will be obeyed in the measure of the agreed time and price. Small changes and differentiations, descriptions and drawings, as well as other documentation are reserved.
5. Building License
The building license is to be organized and paid by the costumer – if necessary.
6. Term of Delivery
The time of delivery will be planned as soon as it is agreed on the article of sale, if nothing else is agreed on. Arranged appointments will be acknowledged if possible; they are not to be understood as a settlement deal. If we miss an appointment, you can cancel the delivery, if you have given us a written 6-week-period of grace. Cancelling is denied if there is a higher cause i.e. war, lock-out, strike, business interruption, weather and climate conditions, transportation damages and other more. The same applies if this occurs to one of our providers and no substitutions are possible. Claims for indemnity due to failure of non-delivery are excluded in every case, if no other agreements were met.
If the transportation of the article of sale is arranged by us, then it will be to your cost and our danger.
If we transport the article of sale, we will tell you period of time for delivery. You obligate yourself, to accept the delivery and to receive it in the given period of time between 7am and 8pm or with special agreements to meet at the construction site. Possible waiting time can increase your cost.
Obvious claims are to be reported in written notice within two weeks. This period starts with the time of delivery. If claims cannot be seen at that time, the two-week-period starts with the begin of noticeability.
We guarantee that the article of sale is in the wanted state to the time of delivery and does not include mistakes that decrease the original functionality. We oblige ourselves to correct claims that have been lawfully enforced within six months after delivery. We have the right to let eventual mistakes be corrected by a local company on our costs. Warranty is denied if you do not give us or a partner organization a chance to correct claims ourselves. If we or our partners do not correct claims in the given time, which has to be at least eight weeks, you can claim a lower of costs instead of correction. All additional warranty, claims for damages and cancel rights will be denied. Claims of any kind do not free you from the cost of the originally agreed price.
For a lack of functionality or promised parts, the deliverer is accountable as follows:
1. All those parts are repaired or replaced free of charge with parts of the deliverer’s choice within 6 months since delivery, if a danger in any kind is being established by the claimed part – especially due to bad construction, bad material or bad installation – not usable or disturbs the functioning directly and extensively. The notice of those claims is to be reported immediately to the deliverer in a written style. Changed parts become belongings of the deliverer. If the delivery, installation or start-up is delayed without the deliverer’s fault, the accountability expires latest after 12 months. Essential external products are reduced to the accountability of the external deliverer.
2.2. The customer’s right to claim expires in all cases after 6 months since the first chance of claim, but earliest with the end of warranty.
3. There is no warranty for damages as follows:
Improper use, incorrect montage or start-up through der customer or a third party, natural erosion, incorrect treatment, incorrect fuel, change of parts, poor constructions, inadequate building ground, chemical, electro-chemical or electrical factors, as long as they are not the deliverer’s fault.
4. The customer has to provide time and the possibility to repair or change the parts of the deliverer’s choice. Otherwise, the deliverer is free of accountability. In urgent cases in the danger of operating safety and to protect from bigger damages only, the customer is allowed to repair the product itself or contact a third party, after reporting the deliverer. If done so, the customer can demand the costs for the course of action.
5. Repairs and/or changes of parts, transportation and a reasonable price for installation are carried through the deliverer – if declared necessary. If declared unnecessary, the customer has to carry the costs.
6. The period of warranty for ordering and changing parts has to be 3 months, but at least till the end of the original warranty agreement. The deadline for claims within the warranty is extended by the time it takes to repair and/or replace the product’s parts.
7. The warranty expires if parts are repaired or changed improperly or without the approval of the deliverer.
8. All claims, especially money demands that do not involve the product itself, will be denied. This denial is not only enforced for purpose, gross negligence of the owner or supervisor, but also for violation of the contract(s). The deliverer guarantees only for typical, reasonable and predictable damages for violations accountable of the contract(s).
Part 2 Right of Orderer for Withdrawal, Changes and other Guarantees of the Deliverer
1. The orderer can withdrawal the contract if the delivery becomes impossible. The same applies for incapacity of the deliverer. The orderer can also step back from the contract, if an order of equal parts and/or products cannot be delivered completely, and a reasonable interest develops against a part-installation; if this is not the case, the total costs can be reduced.
2. If there is a lack of delivery as described in part IV delivery and a certain period of time has been given to the deliverer with explicit written notice that the orderer declines the order with the exceed of the end of this period, and this period cannot be complied with, the orderer has the right to draw back from the delivery.
3. If the impossibility of delivery to the cause of the orderer, he is obligated to meet the developed costs.
4. The orderer can undo the contract, if the deliverer passes the given time period without any accountable reason and without any work done. The orderer can also undo the contract if other cases of failure of repairs or delivery through the deliverer.
5. Excluded are also claims of the customer for cancelling or decreasing the contract or costs, especially for damages of any kind not including the product itself.
All claims, especially money demands that do not involve the product itself, will be denied. This denial is not only enforced for purpose, gross negligence of the owner or supervisor, but also for violation of the contract(s). The deliverer guarantees only for typical, reasonable and predictable damages for violations accountable of the contract(s).
Part 3 Warranty for Secondary Obligation
If there is failure through the deliverer, parts cannot be used as predicted due to no or poor execution before or after contract signing advices and consulting as well as other secondary obligation – especially documentation and servicing of the product – then above mentioned parts are to be applied.
All prices are listed in Euro (€), if not explicitly agreed otherwise. Agreed prices include material, working hours and other costs.
Payments are to be acknowledged as agreed cash or transferred to one of our bank accounts, if not arranged differently, to the terms of the contract(s), independently of receipt of the delivery, eventually underestimated working hours. Checks and Changes have to be discussed with your contact person.
Discount charges have to be paid by the customer. Initial or advanced payments have no influence on the original price. They will be acknowledged and subtracted from the agreed price. Our field staff is only allowed to take money with a proof of debt collection. They can only accept counter claims that we proved in a written notice.
13. Delay of Payment
If there is a delay of payment, the customer has to pay an interest of 5% as a private and 8% as a company customer above the standard interest of the European Central Bank. The rights for enforcement for more delays of payments are reserved. If you fail to pay more than 10% of the original price, we have the right to cancel all contracts or enforce damage compensation due to not meeting the agreements in the contract(s), without the need of a period of grace or written notice of menace.
14. Reservation of Proprietary Rights
1. The deliverer is the possessor of the delivery until entrance of the payment as agreed in the contract.
2. The orderer must not impound the delivery or state it as deposit. If impounded or distrainted through a third party, you have to contact the deliverer immediately.
3. If the orderer acts against the contract, especially with delay of payments, the deliverer has the right to take back the dunning letter and enforces the orderer to give back the delivery. The enforcement of paying as well as the distraint are no reason to withdrawal from the contract.
1. The field of services for dangerous waste and wasted oil and for the transfer, handover and reconditioning of waste oil and dangerous waste have to meet the current laws.
We only carry dangerous waste, no nuclear waste, PCB-containing material or explosive material. We only accept waste oil, not containing nuclear waste, PCB-material, particles with excessive corrosion or explosive material. The customer is responsible for all damages that are due wrong identification, especially for not in the data sheet mentioned notices of dangerous particles. If the customer identified wrongly, he has to take back the waste or pay all generated damages.
Waste will be picked up by a suction and delivery truck or an aerial platform vehicle. Dangerous goods have to be stored in a legal and available space. If the good cannot be picked up due to reasons out of our range, we will charge the drive.
2. The Field of Services for Tank Purification, Tightness-Tests and Inside-Shell-Installation
Hereby it is agreed that the purification of pipes with our technical equipment (cleaning with pressure) is simply the attempt of get the pipes continuous or to reestablish the original diameter.
After every purification or changes to heating oil containers and oil carrying pipes, it is mandatory to check the tightness of the pipes. If the customer denies the check, he carries the risks resolving.
The list prices are based on the assumption that it can be worked without any disturbance or additional work. Earthworks, mortise works, repairs and other tasks will be charged from our standard rates. All material like dome cover screws and seals etc. will be charged after complexity, even if they are not included in the bargain.
16. Legal Venue
All from contracts resulting disputes, if the orderer is registered trader, corporate body or a public-law separate estate, to bring the lawsuit to court that is responsible for the headquarter or the deliverer’s branch office. The deliverer has also the right to bring the lawsuit to the court responsible for their headquarters or the orderer’s branch office.
The signatory of this contract states explicitly to be authorized to sign for him or his company. Spuriousness of the signatory applies the accountability for him.
If one of the regulations of this contract should become against the law partly or in total, it does not affect the effectiveness of the contract as a whole. Ineffective passages are replaced with effective lawful passages that state the original spirit and purpose of this passage for both parties. In case that one passage violates the law, it is declared that this passage is being cancelled, but the remaining passages remain active.