The following general terms and conditions for repairs and machines and systems for domestic and international business for the offer of our repair services apply exclusively; RUN-TEC GmbH does not recognize conditions of the customer that conflict with or deviate from these conditions, unless RUN-TEC GmbH expressly agrees to their validity in writing. These conditions also apply if RUN-TEC GmbH unconditionally carries out the delivery to the customer with knowledge of conflicting or deviating conditions of the customer.
II. Written form / email / power of representation of employees
Any additional agreements or assurances that differ from the general terms and conditions of RUN-TEC GmbH for repairs to machines and systems for domestic and international business require the written form or the e-mail form with a qualified electronic signature.
Employees of RUN-TEC GmbH are not authorized to make verbal assurances upon conclusion of the contract or to verbally agree additions or changes to the contract with the customer, unless the scope of their power of attorney was determined by law. Such assurances, additions or changes to contracts by employees of RUN-TEC GmbH require the written form or the e-mail form with a qualified electronic signature. Delivery people or others acting for us within the framework of or on the occasion of the fulfilment of the contract have no power of representation.
III. Conclusion of contract, service descriptions, special promotions
Service descriptions in catalugs / flyers and on the websites of Run-Tec GmbH do not have the character of an assurance or guarantee. There contained Illustrations and drawings are non-binding.
The customer's order represents an offer to RUN-TEC GmbH to conclude a purchase contract. A contractual relationship only comes into existence with a written order confirmation from RUN-TEC GmbH about the repair or object of purchase specified in the customer's order or order, which can also be done by email. If no confirmation is given, the contract is concluded at the latest with delivery of the repair or purchase item.
Changes to the contract or additions require the written confirmation of RUN-TEC GmbH to be effective.
For seasonal and other special promotions, RUN-TEC GmbH expressly reserves the right to accept and execute the order. Insofar as deadlines for ordering are specified, subsequent orders have no legal effect. The decisive factor is the receipt of the order by RUN-TEC GmbH. RUN-TEC GmbH will inform the customer about the non-acceptance of the order or the order. RUN-TEC GmbH is entitled not to confirm individual repairs or products.
The services provided for the submission of a cost estimate as well as the further expenses incurred and to be documented (troubleshooting time equals working time) will be charged to the customer.
If the repair cannot be carried out for reasons for which the contractor is not responsible, particularly because the fault had not shown during the inspection,
unavailable spare parts
customer culpably missed the agreed date
the contract is terminated during execution
The item to be repaired only needs to be returned to its original condition at the express request of the customer, against reimbursement of the costs, unless the work undertaken was not necessary.
In the case of a repair that cannot be carried out, the contractor shall not be liable for damage to the repair item, the breach of contractual ancillary obligations and for damage that has not occurred to the repair item itself, regardless of the legal basis on which the customer relies. The contractor, on the other hand, is liable for intent, gross negligence on the part of the owner or manager, as well as in the event of culpable violation of essential contractual obligations. In the event of culpable violation of essential contractual obligations, the contractor shall only be liable - except in cases of intent and gross negligence on the part of the owner or executive staff - for the contractually typical, reasonably foreseeable damage.
V. Cost information, cost estimate
As far as possible, the customer will be given the expected repair price when the contract is concluded; otherwise the customer can set cost limits. If the repair cannot be carried out at these costs or if the contractor deems it necessary to carry out additional work during the repair, the customer's consent must be obtained if the specified costs are exceeded by more than 15%.
If a cost estimate with binding price estimates is requested before the repair is carried out, the customer must expressly request this.
Unless otherwise agreed, such a cost estimate is only binding if it is submitted in writing. The services provided for the delivery of the cost estimate will not be charged to the customer insofar as they can be used in carrying out the repair.
VI. Price / terms of payment / default
RUN-TEC GmbH is entitled to request a reasonable advance payment upon conclusion of the contract.
When calculating the repair, the prices for parts, materials and special services, as well as the prices for work, travel and transport costs must be shown separately. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, with only deviations in the scope of services having to be specifically mentioned.
Any correction of the invoice by RUN-TEC GmbH and a complaint on the part of the customer must be made in writing not later than four weeks after receipt of the invoice.
Unless otherwise agreed, payment is to be made without discount upon acceptance and delivery or delivery of the invoice.
If the customer is wholly or partially in arrears with the payment, we charge default interest subject to the assertion of further rights in accordance with the statutory provisions.
The customer can only offset undisputed or legally established claims or exercise a right of retention.
VII. Cooperation and technical assistance of the customer in case of repairs outside of the contractor's works
The customer must support the repair personnel in carrying out the repair at his own expense.
The customer must take the special measures necessary to protect people and property at the repair station. He also has to inform the repair manager about existing special safety regulations, insofar as these are important for the repair personnel. He informs the contractor of repairs of any violations against the safety regulations. In the event of serious violations, the offender can, in consultation with the repair manager, refuse access to the repair site.
The customer is obliged to provide technical assistance at his own expense, in particular to:
Provision of the necessary, suitable auxiliary staff in the number and time required for the repair; the assistants must follow the instructions of the repair manager. The contractor assumes no liability for the assistants. If the assistants cause a defect or damage as a result of instructions from the repair manager, the provisions of sections X and XI apply accordingly.
Carrying out all construction, bedding and scaffolding work including procurement of the necessary building materials.
Provision of the necessary devices and heavy tools as well as the necessary commodities and materials.
Provision of heating, lighting, operating power, water, including the necessary connections.
Provision of necessary, dry and lockable rooms for storing the tools of the repair personnel.
Protection of the repair site and materials against harmful influences of any kind, cleaning of the repair site.
Provision of suitable, theft-proof common rooms and work rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for the repair personnel.
Provision of the materials and all other actions that are necessary to regulate the repair item and to carry out a contractually stipulated trial.
The customer's technical assistance must ensure that the repair can be started immediately after the arrival of the repair personnel and can be carried out without delay until acceptance by the customer. If special plans or instructions from the contractor are required, the contractor will provide them to the customer in good time.
If the customer does not meet his obligations, the contractor is entitled after setting a deadline, but not obliged to take the actions incumbent on the customer in his place and at his expense. Otherwise the legal rights and claims of the contractor remain unaffected.
VIII. Transport and insurance for repairs in the contractor's factory
Unless otherwise agreed in writing, the transport and delivery of the repair item, including any packaging and loading, will be carried out at the customer's request, otherwise the repair item will be delivered by the customer to the contractor at his own expense and after the repair has been carried out picked up at the contractor by the customer.
The customer bears the risk of transportation.
At the customer's request, return transport and, if necessary, return transport against the insurable transport risks, e.g. Theft, breakage, fire, insured.
There is no insurance cover during the repair time at the contractor's plant. The customer has to maintain the existing insurance cover for the repair item, e.g. with regard to fire, tap water, storm and machine breakdown. Insurance cover for these dangers can only be obtained at the express request and at the expense of the customer.
If the customer defaults on the takeover, the contractor can charge storage fees for storage in his plant. The repair item can also be stored elsewhere at the contractor's discretion. The cost and risk of storage are borne by the customer.
IX. Repair period
The information on the repair periods are based on estimates and are therefore not binding.
The customer can only request the agreement of a binding repair period, when the scope of the work has been precisely determined.
The binding repair deadline is met if, by the expiry of the repair item, the customer is ready to take it over, in the case of a contractually provided test, to carry it out.
In the case of additional and extension orders placed later or if additional repair work is necessary, the agreed repair period will be extended accordingly.
If the repair is delayed by measures in the context of industrial disputes, in particular strikes and lockouts, as well as the occurrence of circumstances that are not the fault of the contractor, a reasonable extension of the period occurs, provided that such obstacles can be proven to have a significant influence on the completion of the repair Repair period; this also applies if such circumstances occur after the contractor is in default.
If the customer incurs damage as a result of the contractor's delay, he is entitled to demand a flat-rate compensation for delay. It is 0.5% for each full week of the delay, but in total not more than 5% of the repair price for that part of the object to be repaired by the contractor that cannot be used in time due to the delay. If the customer sets the contractor - taking into account the legal exceptional cases - an appropriate deadline for performance after the due date and the deadline is not met, the customer is entitled to withdraw within the framework of the statutory provisions.
The customer is obliged to accept the repair work as soon as it has been notified that the repair work has been carried out and if the contractually agreed testing of the repair item has taken place. If the repair proves not to be in accordance with the contract, the contractor is obliged to remedy the defect. This does not apply if the defect is irrelevant to the interests of the customer or is due to a circumstance that is attributable to the customer. If there is an insignificant defect, the customer cannot refuse acceptance.
If the acceptance is delayed through no fault of the contractor, the acceptance is deemed to have taken place two weeks after notification of the completion of the repair.
With the acceptance, the liability of the contractor for recognizable defects lapses, unless the customer reserves the right to assert a specific defect.
IX. Retention of title, extended lien
The contractor retains ownership of all accessories and spare parts and replacement units used until all payments from the repair contract have been received. Further security agreements can be made.
The contractor is entitled to a lien on the repair item of the customer that came into his possession as a result of the claim from the repair contract. The right of lien can also be asserted due to claims from previous work, delivery of spare parts and other services, insofar as they are related to the repair item. The right of lien applies to other claims from the business relationship only insofar as these are undisputed or legally binding.
XII. Guarantee oder Warranty
After acceptance of the repair, RUN-TEC GmbH is liable for defects in the repair, which also include the lack of expressly guaranteed properties, which occur within twelve months or a maximum of 3,000 operating hours after acceptance, whichever occurs first, to the exclusion of all other claims in such way that he has to remedy the defects. (No. 6 and XI) The customer must immediately notify RUN-TEC GmbH in writing of a discovered defect. His right to claim the defect expires six months after the notification.
The period for liability for defects is extended by the duration of the downtime of the repair item caused by the rework.
RUN-TEC GmbH is not liable if the defect is negligible for the interests of the customer or is due to a circumstance that is attributable to the customer. This applies in particular to the parts provided by the customer.
If, for example, the customer or third parties improperly make changes or repair work without the prior consent of RUN-TEC GmbH, RUN-TEC GmbH's liability for the resulting consequences will be waived. The customer has the right to rectify the defect only in urgent cases where operational safety is endangered and to prevent disproportionately large damage, whereby RUN-TEC GmbH must be informed immediately, or if RUN-TEC GmbH is in default with the remedy of the defect to have it removed by itself or by third parties and to ask RUN-TEC GmbH to reimburse the necessary costs.
The costs for the correction repair are borne by RUN-TEC GmbH - insofar as the complaint turns out to be justified - the costs of the replacement part, including shipping, as well as the reasonable costs of removal and installation, if this can reasonably be requested depending on the situation of the individual case Cost of the provision of its fitters and assistants, if necessary. Otherwise, the customer bears the costs.
If the contractor - taking into account the statutory exceptional cases - allows a reasonable period for the rectification of defects to pass without success, the customer has a right to reduction within the framework of the statutory provisions. The customer's right to abatement also exists in other cases of failure to remedy the defect. The customer can only withdraw from the contract if the repair is demonstrably of no interest to the customer despite the reduction.
XIII. Other liability of the contractor / disclaimer
If parts of the repair item are damaged through the fault of the contractor, the contractor has the option of repairing them or delivering them again at his own expense. The obligation to pay compensation is limited to the contractual repair price. Otherwise, Section XI applies. 3 accordingly.
If, due to the fault of the contractor, the repair item cannot be used by the customer as a result of the failure to perform or incorrect execution of suggestions and advice given before or after the conclusion of the contract, as well as other contractual ancillary obligations - in particular instructions for the operation and maintenance of the repair item - then further claims of the Customers the regulations of sections X and XI. 1 and 3 accordingly.
The customer cannot assert any claims for compensation against RUN-TEC GmbH beyond the claims granted to him in these provisions, regardless of the legal grounds on which he relies. In particular, no claims for damages, not even from non-contractual acts, or other rights due to any disadvantages associated with the repair. This exclusion of liability does not apply in the case of intent, gross negligence on the part of the owner or manager, or in the event of culpable violation of essential contractual obligations. In the event of culpable violation of essential contractual obligations, RUN-TEC GmbH is only liable - except in cases of intent and gross negligence on the part of the owner or executive staff - for the contractually typical, reasonably foreseeable damage. The disclaimer also does not apply in cases where liability is assumed for defects in repair, personal injury or material damage to privately used objects in accordance with the Product Liability Act. It also does not apply in the absence of properties that are expressly assured, if the purpose of the assurance was to protect the purchaser against damage that did not occur on the repair item itself.
XIV. Replacement service of the customer
If, during the repair work outside the contractor's work, the devices or tools provided by the contractor are damaged at the repair location, or if they are lost through no fault of the contractor, the customer is obliged to compensate for this damage. Damages due to normal wear and tear are not taken into account.
XV. Data protection
RUN-TEC GmbH collects, processes and uses personal data on the basis of the relevant data protection regulations.
The personal data provided by the customer are provided exclusively for the provision of the services offered by RUN-TEC GmbH. The data are stored, processed and used in particular for the processing of orders and the delivery of goods, for creating a customer account and use of the services as well as for sending newsletters and information brochures on the IT systems of RUN-TEC GmbH. There is no further use. The order data is only transmitted to the delivery partner of RUN-TEC GmbH for the processing of the order and for the delivery of the goods or the repair item. There is no other transfer to third parties.
XI. Industrial property rights of RUN-TEC GmbH
The label "RUN-TEC" as well as certain motifs on the products of RUN-TEC GmbH are protected by register law ("property rights"). Use of the property rights outside of the intended resale of the object of purchase is not permitted without the express written consent of RUN-TEC GmbH.
XII. Place of jurisdiction, place of performance, applicable law, contract language
If the customer is a merchant within the meaning of the HGB, Kassel is the place of jurisdiction; however, RUN-TEC GmbH is also entitled to sue the customer at his place of residence.
Unless the customer is a merchant within the meaning of the German Commercial Code (HGB) and nothing else arises from the order confirmation, Niedenstein is the place of performance.
For these business relationships and for all legal relationships between RUN-TEC GmbH and the customer, only the law of the Federal Republic of Germany is applicable, to the exclusion of the UN Sales Convention.
The contract language is German.