1. Contract contents
1.1 Our deliveries only follow these General
Terms And Conditions.
1.2 Additional agreements to this contract,
especially assurances or changes of its determinations, require
the written form.
1.3 The customer demands for services in written
form specifying an order number and under acknowledgement of
this General Terms And Conditions of KSP Werkzeugmaschinenservice
GmbH.
1.4 With the written order confirmation the
order is considered as accepted by
KSP Werkzeugmaschinenservice GmbH. These General Terms And Conditions are
then part of the achived contract with the customer approved by the order
confirmation of KSP GmbH.
1.5 If the order confirmation deviates from
the customer’s order and these deviations are not objected
within 30 days the order confirmation is legally binding.s
1.6 Hardware parts ( electronic devices, engines,
cables and others ) not being delivered by KSP GmbH no warranty
will be accepted by KSP GmbH. The charging of the installation
and operation of these parts is always based on the expense even
if a budget price/price estimation was given before.
1.7 KSP GmbH is not liable for delays while
transacting the contract or impossibilities happening to her
as far as not being responsible for the circumstances causing
them.
1.8 It is expressly agreed upon that the non-receipt
of export or import licenses or other government permissions
being necessary for deliveries are accepted as higher force that
KSP GmbH can not be hold responsible for.
1.9 Our services base on the following conditions
always from Monday to Friday between 8.00 am and 4.00 pm (normal
working time). According to requirements services will take place
at the customer’s site or at the KSP GmbH site at Detmold.
The normal working time includes 8 working hours plus legal breaks.
Monday to Friday from the 8th hour or 4.00 pm on or Saturday
for the first two hours 25% or Saturday from the 3rd hour on
50% will be added to the charging.
Monday to Friday 9th and. 10th hour or from 5.00 pm on 25% and from the 11th
hour on 50% will be added to the charging. For Sunday and holiday 100% will
be added to the charging.
1.10 Due to accident protection regulations
it is necessary that the customer or someone ordered by him is
present during the service’s time at the service’s
place. The customer is liable for hardware not produced or delivered
by KSP GmbH meeting public security regulations.
1.11 Services will be carried out by KSP GmbH
service personnel or by qualified third party personnel ordered
by KSP GmbH in written form. We presume the client’s written
permission.
1.12 The customer must secure all stored data
before services will be carried out so that they can be restored
under acceptable expense in case of deletion.
1.13 Contract basics and assumption for services
in foreign countries are:
- the acknowledgement of the country by the Federal Republic of Germany
- the connection of the country onto the international line network of air
routes
- an eqivalent public transportation system
- worldwide telephone communication.
1.14 KSP GmbH reserves service’s denials
if the personnel’s security is estimated as not guaranteed
or the service’s success is not to be expected.
2. Delivery and transportation
2.1 The goods delivery will start at the KSP
GmbH site, Detmold or, if ordered by us, directly at the manufacturer’s
or between supplier’s site. When the goods readiness is
reported all risks, especially deterioration or sinking of the
goods, go to the debit of the customer.
2.2 Packing cost go to the debit of the customer.
3. Retention of title and assignment in advance
3.1 The delivered goods remain property of
KSP GmbH until all claims based on the contract are fulfilled.
3.2 The customer hereby assigns all claims
of passing reserved goods with the respective invoice value to
KSP GmbH..
3.3 If the value of the collateral exceeds
the pecuniary claim of KSP GmbH more than 20%, KSP GmbH will
release the exceeding part of the collateral on the customer’s
demand.
4. Installation, starting up and repairs
4.1 The installation of our delivered goods
onto the machine will be done by the customer if not agreed differently
and to his costs and means.
4.2 The starting up of a NC control at the
customer’s site as well as the starting up at the final
customer’s site must be carried out by our service personnel.
Under written agreements with the customer special cases may
allow a second starting up carried out by the accordingly trained
customer’s personnel.
The starting up carried out by us is liable for costs and will be charged
based on the rates of the current valid price list.
4.3 The starting up of a NC control at the
customer’s site and the starting up at the final customer’s
site are acknowledged as finished with the final acceptance,
the customer’s signature under the starting up / working
and mounting report of KSP GmbH.
5. Warranty
5.1 KSP GmbH takes over warranty that their
delivered goods are free of lacks of working and processing errors
at the moment of delivery. Due to this warranty KSP GmbH is obliged
to repairs only if the appropiate lacks were communicated immediately
by the customer and were confirmed by KSP GmbH personnel ordered
to the service. According to 366.7 HGB.
5.2 The KSP GmbH takes over warranty for the
controls and other delivered goods or devices in that way that
services done by trained personnel and the availability of spare
parts are provided for the minimum of one year from the day of
delivery on.
5.3 Non-conforming services will be reworked
by a cost-free additional repair or exchange as an electively
choice by KSP GmbH.
5.4 There is a 6 month warranty for hardware
spare parts and a 3 month warranty for software upgrades.
5.5 Further warranties, especially claims
for damages, are excluded.
5.6 The period of limitation for warranty
claims is 12 month from the service’s moment on and prolongs
by the time of an eventually rework
5.7 The warranty is void if hardware and/or
software was improperly used or changed or their original technical
signs were changed or removed without the written confirmation
by the KSP GmbH.
5.8 KSP GmbH does not take over warranty for
information on software if the period of limitation for warranty
of the corresponding software has already expired.
5.9 Insignificant deviations of specifications
in manuals, software or goods descriptions or other documentations
can be caused by exchange modules with a newer technical revision
condition. They may cause adaption expense on the customer’s
side within his systems.
5.10 Parts exchanged during repairs will become
property of KSP GmbH. Spare parts not being taken back by KSP
GmbH service personnel must be sent to KSP GmbH by the customer
immediately at his own cost..
5.11 The period of limitation for warranty
for delivered devices lasts 12 month. The period of limitation
for warranty for a delivered control starts with the date of
the starting up / working report of KSP GmbH service personnel
signed by the customer, respectively after the installation and
approval of the control.
5.12 Excluded amoung others are malfunctions
as a result of :
- installations not corresponding to the manufacturer’s connection
conditions;
- inappropriate use of our delivered goods;
- malfunctions of the electricity supply, atmospherical malfunctions;
- Starting up the control prior to the 1st or 2nd starting up or after a
relocation without the presence
repectively the appropriate checking by KSP GmbH personnel.
5.13 As far as KSP GmbH will be confronted
with compensation based on their warranty compensation claims
out of loss of profit and indirect damages are excluded.
5.14 Compensation claims against KSP GmbH
prescribe within 6 month after notification.
6. Software products
6.1 All software being delivered separately
or integrated is the exclusive property of KSP GmbH respectively
third manufactureres named by KSP GmbH. It is expressly agreed
that ‚sale’ of software means deployment of the data
medium but in no way any kind of transfer of property. The software
respectively.the data media remains property of the KSP GmbH
repectively third manufacturers even if sold. The same applies
to all possible rights derived from using the software.
6.2 Through the software purchase the customer
has the non-transferable right to use the single software product
copy, which is the sales object, alone and direct only and exclusively
install and use on his own hardware product bought from the KSP
GmbH or expressly defined by the KSP GmbH.
6.3 Besides the cases mentioned above the
customer and /or consumer does not have the right to use, copy,
reproduce or transfer software products on other systems than
those manufactured or expressly defined by KSP GmbH and to spread
discovered inventions, know how and generally included original
features owned by third parties.
6.4 The customer or user is not allowed to
change the software in any way. This exclusively remains to KSP
GmbH or other qualified companies entrusted with this task by
KSP GmbH.
6.5 The customer is responsible for providing
the software for the final customer as a license with the same
restrictions named above.
6.6 It is expressly agreed that KSP GmbH has
the right to abandon the customer service in case of the violation
of the provision given before.
6.7 If the customer uses the delivered software
otherwise violating the provisions given before or delivers it
to a third party or makes it accessible apart from this the customer
will have to pay a general compensation at the height of Euro
50,000 without any detailed proof. The raising of a higher claim
remains open. According to 309.5 HGB
7. Withdrawal form the order
7.1 If the customer cancels orders partly
or fully the following amounts as a percentage of our list prices
of the delivery will fall due to payment immediately :
Receipt of cancellation cancellation costs
during the delivery month 15%
less than 30 days prior to delivery 10%
up to 60 days prior to delivery 5%
more than 60 days prior to delivery 0%
7.2 Orders can not be cancelled after delivery.
8. Documentation
8.1 Each drawing or technical document referring
to hardware products handed over to the customer by KSP GmbH
remain property of KSP GmbH and can not be used, copied, reproduced
or handed over to a third party without permission of KSP GmbH.
8.2 The customer has to hand over the complete
documentation necessary for function and maintenance to the final
customer.
9. Export limitations
The customer notices that the M&S Machine
and Electronic Distribution GmbH has informed him that a re-exportation
of goods depends on the receipt of the appropiate license and
commits oneself to request it if necessary.
10. General provisions
If KSP GmbH in a given case should not use
rights based on this or an equal contract therein lies no fundamental
abandonment.
KSP GmbH disposes of her own service for activities on troubleshooting and
maintenance located at Detmold, Federal Republic of Germany.
11. Customer service charges
11.1 Customer services will be charged:
- at cost
- at a fixed price agreed on in advance
- at all-inclusive rates
- These all-inclusive rates are only valid if the services take place within
one year after the order.
11.2 A minimum of one working hour will be
charged for each order. Further started hours will be rounded
up to half hours.
11.3 Material expenses and travel costs will
be charged additionally.
12. Material
KSP GmbH may exchange or repair defective
hardware at their own option. The exchanged hardware’s
property passes on to KSP GmbH. At cost exchanged assembly groups
and modules and other spare parts will be charged at the particular
exchange price. It is required that it is a matter of parts or
elements being repairable after having failed out at a normal
strain. Modules or parts will be classified as irreparable if
- they are damaged outwardly (burned, broken etc.)
- they were changed electronically or mechanically
- their repair is a delimited option
The exchange of irreparable elements/modules will be charged at the original
price These exchange devices remain property of KSP GmbH until performance
of all payment claims which are due to KSP GmbH by this contract.
In case of an urgent delivery the urgent purchase price will be charged.
13. Shipment
13.1 The shipment of defective hardware has
to take place with notification of KSP GmbH part id number or
the individual part id number.
13.2 The customer takes all risks (loss, transportation
damages etc.) related to the hardware shipment; he also takes
care for the professional packing.
13.3 All costs for transportation to and from
are duties on the customer’s account with the exception
of warranty.
14. Payment conditions
All invoices are payable within 14 days after
the date of issue without any rebate plus legal VAT.. In case
of long-term working periods partial invoices will be issued.
Only indisputable or legally recognized claims allow nettings.
14.1 Nettings can only be done with indisputable
claims.
14.2 If the payment by letter of credit is
foreseen the customer has to submit an irrevocable letter of
credit verified by a german bank at KSP GmbH 1 month or earlier
prior to the delivery date.
14.3 Form the day fo delay on KSP GmbH has
the right to claim an interest for delay eqivalent to the usual
bank interest plus an additional 5% p.a.. Claiming an additional
loss is not excluded by this
15. Liability
15.1 A liability of the KSP GmbH for any legal
reason including unauthorized action or impossibility only exists
in case of rude negligent or deliberate causation, unless, that
the culpable violation relates to a promised feature or a compatible
confidential statement of facts.
15.2 For all other damages a liabilty for
light negligence is excluded for any legal reason.
15.3 As far as compensation claims are excluded
or restricted following the conditions mentioned above this exclusion
also includes the liability for subcontractors and executive
employees as well as the personal liabilty of KSP GmbH personnel..
16. Place of jurisdiction
Detmold, Federal Republic of Germany
