Business address:
PaulSchaab Elevator GmbH
Vogelsangstraße 31
72581 Dettingen an der Erms
Germany
Tel: +49 (0) 7123 958 2166
Email: contact@paulschaab.de
Website: www.paulschaab.de
Sales tax ID no.: DE815539899; CZ683818301
Tax no.: 89078/50137
Stuttgart Local Court/HRB 774842
Oleg Paul
Technical Managing Director
Technical Managing Director ( CEO )
Waldemar Tabakow
Commercial Managing Director
Commercial Managing Director ( CEO )
General information obligation according to §§ 36, 37 VSBG: We are generally not prepared to participate in dispute resolution proceedings of the competent arbitration board.
GENERAL TERMS AND CONDITIONS
I. Validity
1. all deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions of Delivery. They are an integral part of all contracts which PaulSchaab Elevator concludes with its contractual partners (hereinafter also referred to as "customer") for the supplies and services offered by it. They also apply to all future deliveries, services and offers to the customer, even if they are not separately agreed again. They apply to maintenance contracts insofar as they do not contradict the more specific contractual conditions of PaulSchaab Elevator.
2. additional or different contractual terms and conditions of the customer or third parties shall not apply. These only become part of the contract upon acceptance of the order if PaulSchaab Elevator has expressly acknowledged them separately and in writing.
II. Offer and Conclusion of contract
1. all offers are without engagement and non-binding, unless they are expressly marked as binding or contain a time limit for acceptance.
2. a contract is only concluded with the written acknowledgement of the order by PaulSchaab Elevator.
(3) The legal relationship between PaulSchaab Elevator and the customer shall be governed exclusively by the contract made in writing, including these General Conditions of Sale and Delivery. It reflects in full all agreements between the parties relating to the subject matter of the contract. Additions and amendments can only be made by mutual agreement and require the written confirmation of PaulSchaab Elevator.
4. PaulSchaab Elevator retains the property rights and copyrights to documents such as illustrations, drawings, samples and cost estimates as well as similar information provided by PaulSchaab Elevator to the customer. This information may neither be reproduced, nor made known to third parties in any way, nor used for the production of the system or components. Technical documents relating to offers which do not lead to an order must be returned immediately.
5. The documents belonging to the offers, such as illustrations, drawings, etc., as well as information on dimensions, weights, technical data, etc., are only approximate unless they are expressly designated as binding.
III. Scope of services, Planning permission
1. only the order confirmation of PaulSchaab Elevator is decisive for the scope of the contractually owed performance.
2. after conclusion of the contract, the submission plan is submitted to the client for approval by signature. The prerequisite for the commencement of order processing is the receipt of the client's express written approval. The customer must provide PaulSchaab Elevator with the construction plans required for the preparation of the submission plan in due time.
3. The plans approved by the customer are binding for the execution of the installation.
4. Any subsequent modification of the scope of performance will result in an adjustment of the price and the delivery period.
IV. Prices and payment
1. the prices apply to the scope of services and delivery listed in the order confirmation. Additional and special services shall be invoiced separately. The prices are free construction site including packaging and assembly; plus statutory VAT.
2. in the absence of a separate payment agreement, the following payment schedule shall apply:
30 % upon order
30 % upon notification of the start of production
30 % upon notification of readiness for dispatch of the main parts
10 % upon official acceptance and release for operation
If the official release for operation does not take place for on-site reasons, the last installment shall be due upon notification of final assembly.
3. invoice amounts are to be paid within 14 days without any deduction, unless otherwise agreed in writing. The date of receipt by PaulSchaab Elevator is decisive for the date of payment.
4. if the customer does not comply with the agreed terms of payment, PaulSchaab Elevator is entitled, after issuing a written reminder:
4.1 to refuse to fulfill its own performance obligation until the overdue payment has been demonstrably received, and to charge the associated costs (storage costs etc.) plus 5% of these administrative costs.
4.2 to claim a reasonable extension of the delivery period;
4.3 to declare the entire remaining contract price due and payable;
4.4 to charge interest on the outstanding amounts in accordance with the statutory provisions, but at least at 11.19% p. a., and to pay interest on the outstanding amounts at a rate of at least 11.19% p. a., as well as to pay interest on the outstanding amounts in accordance with the statutory provisions. a., as well as to claim reminder costs of EUR 5.00 per reminder for the first two reminders and reminder costs of EUR 10.00 for each further reminder; the assertion of further damages caused by default shall remain unaffected;
4.5 to set a reasonable grace period for payment and to withdraw from the contract in the event of non-compliance, with the client paying full compensation;
4.6 to take the system out of operation until full payment has been made; the client shall allow access to the system at any time for this purpose.
5The agreed method of payment shall apply separately for each system if there are several systems.
6. Offsetting against counterclaims of the client or the withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established and are based on the same contractual relationship.
7. the retention of payments due to delays caused by the customer or due to force majeure or delays for which PaulSchaab Elevator is not responsible (see below under VI.) is not admissible.
8. PaulSchaab Elevator is entitled to perform outstanding services only against advance payment or provision of security if circumstances become known after conclusion of the contract which are likely to substantially reduce the creditworthiness of the customer and which jeopardize the payment of PaulSchaab Elevator's outstanding claims from the respective contractual relationship (including from other individual orders to which the same framework agreement applies). This does not affect the rights under §§ 648, 648a BGB.
V. Delivery and assembly deadlines
1. the delivery and assembly periods require express written agreement and are based on the order confirmation of PaulSchaab Elevator. The prerequisite for their validity and commencement is the fulfillment of the contractually owed services of the customer, in particular: Complete clarification of all technical data, prompt approval of the installation plans and timely receipt of payment. The installation deadlines also require in particular the possibility of an unhindered start of installation at the originally agreed time. Insofar as services and cooperation are to be provided by the client during the installation, the client must promote these in such a way that obstructions or interruptions during the installation are excluded.
2. the delivery and assembly deadlines shall be extended appropriately,
2.1 if the client subsequently changes technical data or does not provide on-site services, in particular those in accordance with section V. 1, in good time and therefore causes a delay in delivery or assembly.
2.2 in the event of delays due to force majeure or other events unforeseeable at the time of the conclusion of the contract (e.g. operational disruptions of any kind, strike, incorrect or late delivery by suppliers) for which PaulSchaab Elevator is not responsible.
3. agreed completion deadlines are met if PaulSchaab Elevator gives written notice of completion of the plant ready for acceptance. If the placing on the market or the commissioning of the plant is delayed due to services not rendered by the customer, this has no influence on compliance with the completion deadlines.
VI Assembly, repairs, conversions (modernization)
1. explicit reference is made to the on-site services mentioned in PaulSchaab Elevator's offer. At the start of installation and during the installation period the customer must perform all on-site services and influence the construction schedule in such a way that unhindered completion of the installation is possible without interruptions.
2. if the installation is delayed or interrupted due to non-compliance with the obligations of the customer, or if this delays the completion of the work and/or the acceptance by the expert of the technical supervision service provider, the additional costs incurred by PaulSchaab Elevator as a result, in particular storage costs and increased personnel costs due to waiting times or additional journeys, are to be paid separately by the customer.
3. if during work in the factory or during the execution of conversion or repair work at the place of operation of the installation it turns out that further parts of the installation, which are not included in the offer, have to be renewed, their delivery and installation will be effected against additional remuneration. The same applies if, during acceptance by the technical monitoring service provider's expert, the latter also requests the modification or replacement of existing assemblies. If such additional material and work expenditure is determined, PaulSchaab Elevator will inform the customer immediately.
4. If, at the request of the customer, work is carried out outside the normal working hours of PaulSchaab Elevator, the collectively agreed surcharges for overtime, night, Sunday and public holiday hours, including the full contractor surcharge, will be invoiced. Unless otherwise agreed, necessary auxiliary staff will be provided by the client.
5. parts removed in the course of the work and no longer usable for the installation (old materials/scrap) become the property of PaulSchaab Elevator. PaulSchaab Elevator removes these parts and leaves the construction site clean. This applies unless the customer expressly requests otherwise.
VII. Commissioning and acceptance
1. The client is obliged to accept the system upon notification of completion in accordance with the contract. The system shall also be deemed completed if it cannot be operated for on-site reasons (e.g. lack of electricity, lack of TÜV approval, unfinished building). In such cases, the client is not entitled to refuse or delay acceptance.
2. If the client does not accept the system despite notification of completion with a reasonable deadline (usually 2 weeks) for acceptance, the system shall be deemed accepted and the final payment shall be due without deduction.
3. acceptance cannot be refused by the client due to defects which do not impair the functionality of the system.
4. unless otherwise agreed, the date of handover of the system to the client shall be the date of positive acceptance by the technical monitoring service provider. Defects on site or insignificant defects in accordance with VII. 3. shall not delay the handover.
5. if the system is put into operation before completion due to on-site requirements (operation as a construction hoist), operation and maintenance shall be carried out exclusively at the risk and expense of the client. The transfer of risk to the client shall take place upon commissioning as a construction elevator.
VIII. Warranty rights
PaulSchaab Elevator warrants against material defects and defects of title to the exclusion of further claims, subject to section IX, as follows:
Materialdefects:
1. All those parts which prove to be defective due to a circumstance existing prior to the passing of risk are to be repaired or replaced free of defects at the discretion of the contractor. The discovery of such defects must be communicated to PaulSchaab Elevator in writing without delay. Replaced parts become the property of PaulSchaab Elevator. Rectification of defects by the customer expressly requires the prior consent of PaulSchaab Elevator. For this purpose, the price and scope of the measure must be clearly communicated by the customer.
2. After consultation with PaulSchaab Elevator, the customer must give PaulSchaab Elevator the necessary time and opportunity to carry out all repairs and replacement deliveries which PaulSchaab Elevator deems necessary; otherwise PaulSchaab Elevator is released from liability for the resulting consequences. Only in urgent cases of danger to operational safety or to prevent disproportionately large damage, in which case PaulSchaab Elevator must be informed immediately, is the customer entitled to remedy the defect himself or have it remedied by a third party and to demand reimbursement of the necessary expenses from PaulSchaab Elevator.
3. claims for defects do not arise from natural wear and tear of the defect-free service. In addition, no liability is assumed in the following cases: Unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work and building structures, building subsidence, chemical, electrochemical or electrical influences, influences of temperature and weather as well as other natural phenomena - insofar as PaulSchaab Elevator is not responsible for them.
4. if the customer or a third party carries out improper repairs, PaulSchaab Elevator is not liable for the resulting consequences. The same applies to modifications made to the system without the prior consent of PaulSchaab Elevator.
Defects of title:
5. Claims for defects of title are governed by the statutory provisions, unless otherwise stipulated in clause IX.
IX. Liability
1. If through the fault of PaulSchaab Elevator the performance cannot be used by the customer in accordance with the contract due to omitted or faulty execution of proposals and advice given before or after conclusion of the contract or due to breach of other collateral contractual obligations - in particular instructions for operation and maintenance of the installation - the provisions of sections VI and IX apply to the exclusion of further claims of the customer. 2.
2. PaulSchaab Elevator shall only be liable for damages not caused to the installation itself - on whatever legal grounds -
a) in case of intent,
b) in case of gross negligence of the owner/the executive bodies or executive employees,
c) in case of culpable injury to life health,
d) in the event of defects which PaulSchaab Elevator has fraudulently concealed,
e) within the scope of a guarantee promise,
f) in the event of defects in the system, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used objects. In the event of culpable breach of material contractual obligations, PaulSchaab Elevator is also liable for gross negligence of non-executive employees and for slight negligence, in the latter case limited to reasonably foreseeable damage typical for the contract. Further claims are excluded.
X. Statute of limitations
All claims of the client - on whatever legal grounds - are subject to a limitation period of 12 months. The statutory periods shall apply to claims for damages in accordance with Section IX. 2 a-d and f. They also apply to defects insofar as the contractual service is a construction service or for delivery items that have been used for a building in accordance with their normal use and have caused its defectiveness.
XI. Use of software
1. If software is included in the scope of delivery, the client shall be granted a non-exclusive right to use the software supplied, including its documentation. It is provided for use on the system intended for this purpose. Use of the software on more than one system is prohibited.
2. The client may only reproduce, revise, translate or convert the software from the object code to the source code to the extent permitted by law (§§ 69 a ff. UrhG). The customer undertakes not to remove manufacturer's details - in particular copyright notices - or to change them without the prior express consent of PaulSchaab Elevator. 3. all other rights to the software and the documentation, including copies, remain with PaulSchaab Elevator or the software manufacturer. The granting of sublicenses is not permitted.