GENERAL TERMS AND CONDITIONS
1. PLACING OF ORDER
The order is placed when a written confirmation with explicit reference to the offer is received by A&P Industriemontage GmbH & Co.KG by fax – e-mail or mail. Our offers are valid for 6 weeks from the date of issue.
2. EXECUTION OF ORDER
The basis for the performance of services are the assembly conditions of A&P Industriemontage GmbH & Co.KG. A&P Industriemontage GmbH & Co.KG works according to the state of knowledge and the knowledge available to it at the time the order is placed.
In the case of 1:1 complete relocations, all changes, regardless of their nature, are considered additional work, which must be checked and signed off by the customer on a weekly basis in traceable hours as well as material certificates.
At the disassembly and reassembly locations, the Client shall ensure that proper loading and unloading is guaranteed by sufficient floor conditions.
Likewise, the client has to ensure a direct media supply such as electricity, water, etc. A&P Industriemontage GmbH &Co.KG is also entitled to have the work carried out by subcontractors. Working hours and performance of the employees of A&P Industriemontage GmbH & Co.KG shall be confirmed by the customer on a weekly/daily basis.
3. EXECUTION DEADLINES
Start and completion of the assembly services to be rendered are individually contractually regulated. A contractually agreed time is not binding if proper processing cannot take place due to postponement of the schedule on the overall project or for other reasons for which A&P Industriemontage GmbH & Co.KG is not responsible.
4. HOURLY OR BILLING RATES
The valid hourly and billing rates of A&P Industriemontage GmbH & Co.KG, which have been agreed individually according to the offer, shall be decisive upon conclusion of the contract.
5. EXCEPTIONAL AND ADDITIONAL SERVICES
If special calculations, programming or extraordinary services are required, A&P Industriemontage GmbH & Co.KG may subcontract and invoice them separately with the consent and after consultation with the customer. Assembly services that are subsequently ordered are to be paid for additionally.
6. PAYMENTS AND TERMS OF PAYMENT
The order shall specify the payment obligations of the Purchaser. In case of doubt, the following terms of payment shall apply:
In case of an assembly execution period of up to 10 working days, A&P Industriemontage GmbH & Co.KG shall issue the invoice after completion of the execution.
Partial payments shall be made in the amount of the proven services, taking into account the signed proof of work and services after invoicing by A&P Industriemontage GmbH & Co.KG. After completion of the installation services, the final invoice will be issued.
All invoices are due 14 days after invoicing without any deductions.
7. RIGHT OF TERMINATION OF THE ORDERER
The customer has the possibility to cancel the order at any time. In this case, the agreed total remuneration shall become due, taking into account the expenses saved by A&P Industriemontage GmbH & Co.KG.
The acceptance of the contractual services of A&P Industriemontage GmbH & Co.KG shall be made in writing by drawing of the purchaser upon completion of the installation services. If the customer does not sign off the final acceptance within 14 days for no apparent reason, the acceptance shall be deemed approved.
9. WARRANTY AND LIMITATION
A&P Industriemontage GmbH & Co.KG shall be liable for contractual warranty claims only on the basis of the statutory provisions of the German Civil Code (BGB). 9.1 Contractual warranty claims of the customer shall become statute-barred after one year.
10. NON-SOLICITATION AND CONTRACTUAL PENALTY
10.1 The customer undertakes not to entice away any employee of A&P Industriemontage GmbH & Co. KG during and up to 12 months after termination of the contract.
10.2 The client undertakes to pay a contractual penalty of up to € 50,000 to A&P Industriemontage GmbH & Co. KG. The amount of the contractual penalty shall be determined by A&P Industriemontage GmbH & Co. KG at its reasonable discretion. The customer shall be entitled to have the amount of the contractual penalty reviewed by the competent court for its appropriateness.
10.3 The possibility to claim damages exceeding the contractual penalty remains unaffected.
11. INVALIDITY OF INDIVIDUAL PARTS OF THE CONTRACT
The invalidity of individual provisions shall not affect the validity of the remaining provisions. The invalid or void provision shall be replaced by the statutory provision (severability clause).
12. AMENDMENTS AND SUPPLEMENTS TO THE CONTRACT
Changes and additions to the contract must be made in writing.
13. PLACE OF JURISDICTION AND APPLICABLE LAW
German law shall apply. The place of jurisdiction is the registered office of A&P Industriemontage GmbH & Co.KG. (Esslingen Local Court).