General Terms and Conditions

General

These general terms and conditions (AGB) shall apply for all services provided by Deitert Engineering. These terms and conditions shall apply to any individual who, upon conclusion of the contract, is carrying on his commercial or independent professional business and to public legal entities or an investment fond under public law (as per §24, clause 2 AGBG).
During current business relations, these terms and conditions shall also apply without special notification for all our services provided – especially for any follow-up or call order placed either verbally or by phone.
Any standard terms and conditions of customers shall only apply if confirmed in writing by Deitert Engineering. This shall also apply to any agreements, supplements to agreements and side agreements.

Offers and contract conclusion

A service contract shall be formed only upon a written order confirmation by Deitert Engineering.
Deitert Engineering shall only issue detailed cost estimates at the specific request of the customer. Cost estimates and information on scope, kind, duration and cost of any services shall be proximate and subject to confirmation.
Any prices mentioned in cost estimates shall only be binding if the order is placed within 30 days.

Deliveries and Services

Deitert Engineering shall execute all service orders with the aim to put the equipment in question to its original standard specifications, except the customer limits the order to a specific amount or service. If the specific amount is not adequate to put the equipment to an operative condition, Deitert Engineering shall reserve the right to take adequate actions. In case these expenses exceed the specified amount to a considerable extent, Deitert Engineering shall – as far as possible - contact the customer prior to repair.

Payment

All services provided by Deitert Engineering shall be charged on an actual time and material basis. Basic prices are shown in the actual price lists. Any prices stated in previous offers shall be binding.
Any freight charges, freight relating charges and packing charges shall be paid by the customer.
Payments shall be made net on receipt of invoice. Cash discounts or any other deductions shall only be made if agreed in writing on the invoice. All payments shall be made to Messrs. Deitert Engineering.



Delivery Time / Execution Time:

Fixed start times and delivery times of any services shall only be binding if confirmed in advance by Deitert Engineering.

Passing of Risk and Dispatch

If the customer sends equipment to Deitert Engineering for any (repair) services, the risk shall pass to Deitert Engineering upon receipt of the equipment at Deitert Enginnering only. For return deliveries, the risk shall be passing to customer as soon as the deliveries were either handed over to a freight forwarder or left the premises of Deitert Engineering.

Warranty and Liability

Deitert Engineering shall remedy any defects of services rendered to customer’s equipment free of charge, if these defects are directly associated with services supplied or spare parts used and if they are justifiable by Deitert Engineering. The warranty period for services rendered by Deitert Engineering shall be 4 weeks. Other claims on the part of the customer shall be excluded.
As per these conditions, Deitert Engineering shall only remedy any defects and/or damages or pay any compensations, unless the customer notifies Deitert Engineering about any defects without undue delay and no later that within one week of discovery in writing.
Any notices of defects shall be submitted to Deitert Engineering in written form.

Final Clauses:

These Terms and Conditions between the parties shall be governed by the laws of the Federal Republic of Germany. The remaining provisions of these Terms and Conditions shall remain binding even if individual clauses become invalid. Place of delivery and payment shall be Lingen. Place of jurisdiction shall be the Company’s domicile.
DEITERT ENGINEERING, 2008, revision 02



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