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 be responsible for ensuring traffic safety at the installation site. He must enable us to carry out the installation without any accidents. This includes compliance with all relevant health and safety and accident prevention regulations.
(2.2) The customer is obliged - at his own expense:
a) to prepare the construction site so that the installation work can be carried out freely;
b) for the provision of electricity, water, heating, lighting and connections;
c) to provide the necessary auxiliary staff in the number and time required for assembly;
d) to complete all earthworks, construction and installation work before the start of assembly;
e) to provide the necessary equipment, heavy tools and commodities;
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 materials from harmful influences of any kind, and
h) for other support of our installers during installation, insofar as objectively required.
(2.3) The customer must ensure that the installation can be started immediately after the arrival of the installation 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 do not accept any liability for the assistance provided or for the auxiliary staff;
(2.4) Declarations of any kind made by our installers 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 invoiced at the following hourly rates:
a) Engineers and equivalent employees 99.50 euros
b) Service technician 59,00 Euro
(3.2) 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, work on Saturdays, Sundays and public holidays, we can add the following surcharges to the above rates. Calculate hourly rates:
25 % - for the 1st to 6th hour f overtime per week or from 9. hour/day
40 % - from the 7th hour of overtime hour per week and for Saturday work
50 % - from 8.00 p.m. to 6.00 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, a remote cancellation fee of EUR 5.00 shall be charged for each full hour of absence from our premises. The allowance is also calculated for the period of incapacity for 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 you use a motor vehicle, 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 at the above rates.
(3.6) 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 a hardship allowance, height and dirt allowances as well as a danger allowance. The amount of these allowances depends on the provisions of the collective agreement and the respective local conditions. If no agreement is reached, we may determine the allowances at our reasonable discretion in accordance with Section 315 BGB.
4. Quality, acceptance, limitation of claims for defects
(4.1) The customer must certify the working hours and work performance (daily if requested) to our authorised representative by signing our customer service reports. The installation costs to be calculated are based on the certified customer service reports.
(4.2) We may demand instalment payments for the services provided up to that point after every 3 days of assembly.
(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 can not demand reimbursement from us for voluntary services provided by the customer to our installation personnel that have not been agreed with us in writing in advance.
