General terms and conditions of

Sandrieser-Drive technology / Siemesstr. 12 / 71404 Korb / Germany

1. Validity of our GTC

All services provided by our company are exclusively based on these General Terms and Conditions. With the placing of the order, but at the latest with the acceptance of the delivery or the service, these GTC are accepted by the customer.

2. Offers and conclusion of contract

Offers made by us are subject to confirmation. A legally effective contract shall only be concluded through the order confirmation for an order placed by you or through our delivery. Subsidiary agreements and contract amendments are only valid in written form.

3. Prices and offers

Orders are carried out by us on the basis of the following charging rates:

For working time:

€ 85 per hour

50 % surcharge for work after 6 p.m.

50 % surcharge for work on Saturdays

100 % surcharge on Sundays and public holidays (public holiday regulations in Baden-Württemberg)
 
 

For travel time:

€ 75 per hour

50 % surcharge for travel time after 6 p.m.

50 % surcharge for travel time on Saturdays

100 % surcharge on Sundays and public holidays (public holiday regulations in Baden-Württemberg)

The surcharges apply cumulatively. Accommodation costs: flat rate € 100 per night.

Travel costs by car: € 0.80 per kilometre travelled

These prices do not apply to assignments abroad. Such will be agreed with the client individually in advance.

(3) The following amounts will be charged for the preparation of a cost estimate in our house if no subsequent repair is executed:

Electronic devices / assemblies: € 100

Servo motors: € 100

Main spindle motors: € 150

Motor spindles: € 300

Laser turbines: € 300

Expenses for inspection and re-storage after cancellation of orders: € 150

All of the above prices are net prices and do not include the value added tax applicable in the Federal Republic of Germany.

In the event of the determination of a fault on site (at the customer's premises) or a repair not carried out after arrival at the customer's premises, if the repairs or the performance of service are not carried out for reasons that lie in the sphere of the client, the calculation of the expenditure for the determination of the fault, the submission of a quotation for the fault or the diagnosis, as well as further incurred costs, shall be in accordance with the prices listed above.

4. Shipment of goods

In the case of dispatch of goods handed over to us (e.g. machines, motors, parts of such) or a dispatch purchase of spare parts, we have the exclusive decision on the transport route and means of transportation, even when taking into account the wishes of the customer. The risk shall pass on to the customer upon handover of the shipped goods by the transportation company. The costs of transportation, packaging material and transport insurance shall be borne by the customer, unless expressly agreed otherwise (e.g. "free domicile").

Our delivery obligation expires after two unsuccessful delivery attempts. After receipt of the goods, the customer is obliged to inspect the delivery for transport damage. The customer has the right to refuse acceptance of the goods insofar as visible damage is detected. The statutory warranty rights shall not be limited or affected by this.

5. Warranty

The warranty period is one year for repairs using new parts and for the sale of new parts. The warranty for the use and sale of used parts is excluded. Defects subject to warranty shall be remedied at our discretion by free rectification or replacement delivery. The costs of the rectification or replacement delivery shall be borne by us, provided that the defect is acknowledged by us. If the elimination of a defect subject to warranty by means of rectification or replacement delivery fails, the contract relating to the defective product may be cancelled or reduced (reasonable reduction of the price) at the customer's discretion.

The enforcement of further claims is excluded. The information regarding deliveries and services in price lists, brochures or similar are only descriptions or guidelines. These descriptions are not assurances of properties. The customer must accept deviations that are customary in the trade.

In the event of functional defects, the customer must first assert the manufacturer's warranty. We will forward the goods to the manufacturer for this purpose.

We do not accept any guarantee for damage to servo main spindle motors, motor spindles and turbines as well as electronic assemblies due to improper installation and improper interventions, e.g. by third parties. In the case of work carried out by third parties, the customer must provide proof of proper work by specialist personnel qualified and trained by the manufacturer.

Wear parts are not covered by the warranty. There is no obligation to rectify this if the machine manufacturer specifies replacement of the respective parts as maintenance work. The new owner must carry out this maintenance independently, even if he has it carried out by us.

6. Liability for damages

The following limitations of liability and exclusions apply to all our services: Liability exists only if the company can be charged with intent or gross negligence. Liability for simple negligence shall only apply in the event of a breach of obligations, the fulfilment of which is a prerequisite for the due performance of the contract and on the observance of which the contractual partner may regularly rely. Otherwise, liability for damages, including liability for culpa in contrahendo, is excluded.

Insofar as liability exists for simple negligence, liability shall be limited to the damage that we must typically expect according to the circumstances known at the time of conclusion of the contract.

The exclusions and limitations of liability do not apply if a guarantee has been given for the quality of the goods and also do not apply to damage to life, limb and health or claims under the Product Liability Act.

The aforementioned exclusions and limitations of liability also apply to the persons whom we use to fulfil the contract, such as employees, vicarious agents and other third parties.

7. Prices

Invoices issued for our services are due in full without discount within 10 days of receipt of the invoice and are payable in cash, by bank transfer, card or cheque. Cheque payments shall only be accepted on account of performance. In the event of late payment, we shall be entitled to charge interest on arrears at the rate of 12% p.a. A right of retention of payments by the customer due to guarantee or warranty claims is not permissible.

The customer shall only have a right of set-off and retention if his counterclaims have been legally established or recognised by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

If there are more than four months between the conclusion of the contract and the agreed delivery date and the manufacturer changes the list price after the conclusion of the contract, price changes to the prices stated in the purchase contract are permissible. In this case, the seller may adjust the purchase price in accordance with the change. This shall also apply mutatis mutandis to a change in the statutory rate of value added tax. If the purchase price increases by more than 5%, the buyer may withdraw from the contract by written declaration within two weeks of receipt of the seller's notification of the price change. In the event of delivery within four months, however, the price agreed in the purchase contract shall apply in any case.

8. Retention of title

We reserve title to the goods and to installed accessories and spare parts and aggregates which have not become an essential part of the object of the order until payment has been made in full. In the event of default in payment, we shall be entitled to reclaim the delivered item. The customer undertakes to return the reclaimed goods immediately upon request.

In the event that the goods subject to retention of title are processed or combined with other items not belonging to us, we shall acquire co-ownership of the new items in the ratio of the value of the goods delivered by us to that of the other third-party material. The customer shall store the new item for us free of charge. The customer hereby assigns to us his ownership or co-ownership rights to the mixed stock or the new object.

The customer may process and sell the reserved goods in the ordinary course of business as long as he is not in default of payment. Extraordinary dispositions such as pledging, transfer by way of security and any assignment are not permitted.

In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing. In the event of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the customer shall reimburse us for the court and out-of-court costs insofar as these are not reimbursed by third parties. On the basis of the retention of title, we can only demand the return of the delivery item if we have withdrawn from the contract. We shall be entitled to do so in particular if an application is made to open insolvency proceedings against the customer's assets or if we otherwise become aware that the customer is no longer in a position to settle invoices issued in the ordinary course of business.

If the customer has previously resold the delivery item in the ordinary course of business, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

The customer already now assigns to us by way of security the claims arising from the resale or any other legal ground (insurance / tort) with regard to the reserved goods. The customer is revocably authorised to collect the claims assigned to us in his own name.

The direct debit authorisation shall only be revoked if the customer is in default of payment, an application for the opening of insolvency proceedings has been filed or there is a suspension of payments. Upon request, the customer shall notify his contractual partner of the assignment in writing, provide us with all information, submit and hand over documents and surrender bills of exchange. In addition, the customer must allow us access to the goods subject to retention of title still in his possession and send us a detailed list of the goods, separate out the goods and hand them over.

If the realisable value of the retained securities exceeds our claim by more than 25 %, we shall release securities of our choice at the customer's request. The customer shall bear the burden of proof that the retained securities exceed the claim by 25 %.

The customer shall keep the delivery item in proper condition during the retention of title and have all necessary or planned maintenance and repair work carried out without delay.

9. Delivery deadlines and provision of services

Times stated by us for the performance of services are non-binding. The prerequisite for compliance with the stated time for the provision of services is that we have received the supplies necessary for the order in good time. Claims due to non-compliance with the specified time for the performance of the services are excluded. The place of performance of the service is our registered office.

The obligation to perform by the Company shall lapse if performance becomes impossible due to force majeure or other events. Force majeure includes events that make delivery significantly more difficult or impossible, such as strikes, operational disruptions, official orders, material procurement difficulties, even if they occur at our suppliers who are called in for us to fulfil the contractual agreements.

Delivery deadlines always require written confirmation. The company has the right to make partial deliveries.

10. Acceptance by the client

Acceptance of the ordered and delivered goods is a primary obligation of the buyer. If acceptance is refused by the buyer, default occurs with the consequence that additional transport costs and compensation for damages may be claimed.

11. Repair conditions/workshop orders

When placing the order, the customer shall receive an order form or a confirmation letter listing the agreed services and stating an expected or binding date of ascertainment. By placing the order, we are entitled to place subcontracts. If requested, we shall also list the prices charged by us for the execution of the order in the order form. The information may also be provided by reference to our price and working value catalogues on display.

The acceptance of the repair/workshop order shall take place at our premises, unless otherwise agreed. The client must collect the object of the order within one week of the notified completion date or of receipt of the notification that the order has been carried out. In the case of orders executed within one working day, this period shall be reduced to two working days.

In the event of delay of acceptance, we may charge a storage fee. We shall also be entitled to store the object of the order elsewhere at the expense and risk of the client.

If the customer wishes the subject matter of the order to be delivered, this shall be done at his expense and risk.

We are entitled to demand a reasonable advance payment when the order is placed.

In case of claims against the client, we are entitled to a contractual lien on the objects that have come into our possession on the basis of the order. This is also true, if there are outstanding claims from previous orders, spare parts deliveries and other services, insofar as these are connected with the subject matter of the order.

Any transfer of rights and obligations of the client arising from the repair contract/workshop order may only take place with our written consent.

In the event that defects are claimed on repair orders, we shall first be entitled to carry out rectification attempts. The client must accept a maximum of three attempts at rectification. Claims of the client for rectification attempts are also limited to a maximum of three attempts. We may reject the request for rectification if the rectifications involve disproportionately high expenditure. In this case, the client is entitled to withdraw from the contract.

If acceptance takes place despite knowledge of a defect, claims for material defects shall only exist if these are expressly retained at the time of acceptance.

The amount invoiced for the cost estimate will be credited to the repair sum when the order is placed. We shall be bound by a cost estimate for a period of three weeks after submission. If we are unable to complete a repair order through no fault of our own, e.g. as a result of force majeure or operational disruptions, we shall not be obliged to pay any compensation for any delays caused as a result.

12. Data storage

In accordance with § 28 of the Federal Data Protection Act (BDSG), we would like to point out that the data required in the course of business are processed and stored by means of an EDP system in accordance with § 33 BDSG. The customer agrees that we may use the data received from the business relationship with him/her only for our own business purposes within the meaning of data protection.

13. Applicable law/court of jurisdiction/salvatory clause

The law of the Federal Republic of Germany shall apply exclusively.

For all present and future claims arising from the business relationship with fully qualified merchants, including claims arising from bills of exchange and cheques, the exclusive place of jurisdiction shall be that which is decisive for the registered office of our company. The same applies if the buyer/customer does not have a general place of jurisdiction in Germany, relocates his place of residence or habitual abode outside Germany after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought.

Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by effective provisions which come as close as possible to the intended purpose. The contractual relationship is subject to the applicable law of the Federal Republic of Germany.