General Conditions of Installation and Commissioning
Technical personnel = fitters, technicians and engineers
At the Buyer´s request the services of technicians and engineers, hereafter called ´technical personnel´ will be made available by the Seller, whereby the Buyer expressly accepts the following terms and conditions.
This term applies to all skilled and/or graduated members of the Seller´s technical staff, employed in the installation and/or commissioning of the machinery, the choice being left to the Seller´s discretion.
2.Working hours, Wages, Daily Allowances and Travelling Expenses
a)Installation wages are charged for the hours actually worked. Both the daily and weekly working hours will be agreed upon between the Buyer´s and the Seller´s technical personnel. Principally they are based on the legally fixed, normal working time of the country where the installation/commissioning is carried out. Wherever they exceed the normal, usual and contractual working time of the Seller´s country they will be charged as overtime.
b)Travelling hours on regular working days will be charged at the normal wage rate without any additional charge of the overtime. Travelling hours on Sundays and public holidays will be paid for by the Buyer at the additional rate stipulated. If the technical personnel starts working immediately after arrival from a journey, the travelling time exceeding 4 hours is considered as working time.
When travelling by car, the travelling time will be charged as working time.
The technical personnel has been advised to take a lodging, if possible in the surrounding area of the site, if the transportation time from and to the lodging takes more than one hour per day, the exceeding time will be charged for the technical personnel as working time. Any travelling expenses will be to the debit of the Buyer.
Any working hour or waiting hour (overtime) beyond the normal, standard working time will be subject to an additional charge. If upon the Buyer´s request the technical personnel will have to work overtime, this will have to be agreed upon between the Seller and the technical personnel. There will be an additional charge for every hour worked on a Sunday, a public holiday or during the night. Public holiday to be paid for are those included in the union agreements being in force at time of installation/commissioning. The hourly wage rates are based on the presently applicable union pay scale. Any change in this will accordingly effect the hourly wage rates.
c)During the time of installation/commissioning including travelling days and waiting time, the Buyer will pay to the technical personnel an allowance which is due in advance weekly in full for boarding/lodging and additional expenses.
The allowance will also be paid for days without work, i.e. Sundays, public holidays, waiting time. For travelling days this allowance will be reduced 50% if travelling started after 12 a.m. or ended before 12 a.m.
If proof should be given by the technical personnel that the allowance is not sufficient an adequate rate will be agreed upon between the Buyer and the Seller. Allowance will also be charged and claimed in case of illness or accident causing absence from work, the duration of which being subject to an agreement between the Buyer and the Seller.
d)It is understood that the Buyer will pay the technical personnel´s return fare to and from the erection site from the Seller´s country, including cost of transportation of the technical personnel´s tools, luggage and other additional expenses. The technical personnel is entitled, at the Buyer´s expense, to travel home for the Easter, Whit Sun, Christmas and New Year holidays, in case of extended installation/commissioning working periods abroad the technical personnel is entitled to a home visit at three monthly intervals at the Buyer´s expense.
e)In the event of a member of the technical personnel falling sick, the Buyer will arrange for the necessary medical assistance and, if necessary, for the transfer to an adequate and suitable hospital, at the same time informing the Seller or the Seller´s agent accordingly. The Buyer will advance any ensuing medical and hospital expenses, which will be returned to him by the Seller on presentation of the corresponding bills.
3.Payment for Installation/Commissioning Work
a)The installation/commissioning work will be invoiced on its completion or at monthly intervals in case of extended and longer working periods.
b)The Buyer will confirm to the Seller´s technical personnel in writing the completion of the installation/commissioning work and will also sign the technical personnel´s weekly working reports.
4.Insurance, Taxes and Similar Dues
a)The Seller will pay all fees due for health insurance, trade associates and other insurance payable at the permanent residence of the Seller´s technical personnel.
b)The Buyer will pay any taxes or other dues payable in this country for the wages, allowance, etc. of the Seller´s technical personnel.
c)The allowances, etc. agreed upon will be paid by the Buyer to the Seller´s technical personnel without any deductions. Any taxes and other dues payable in the Buyer´s country on the payments to be made to the Seller´s technical personnel will be to his debit.
d)In case the laws of the Buyer´s country do not allow full payment of the amounts due the Seller or the technical personnel without any deductions, then these amounts will be increased accordingly to ensure that both the Seller and the technical personnel will receive the full net amounts, due to them, without any deductions.
Standard Conditions of Sales and Delivery
1.The following Conditions of Sales apply to all orders unless expressly agreed otherwise in writing. Any conditions of the Buyer which conflict with these Conditions shall only be applicable if recognized by the Seller in writing.
2.Agreements between the Buyer and the Seller or his agents shall not be binding on the Seller until they have been confirmed in writing by the Seller.
3.All prices are ex works and do not include costs of packing, carriage, insurance, installation and commissioning.
4.The seller retains the title to and the copyright of plans, estimates of costs, drawings and other technical documents. They may only be made accessible to third parties with the written consent of the Seller.
5.Payments shall be made as follows: 1/3 upon placement of order and the remainder upon readiness for dispatch. Withholding of payments or setting off against any counterclaims of the Buyer is not permitted.
If the Buyer does not accept delivery on the contractually agreed date the payments owed according to the agreed due dates shall not be affected thereby. The Seller can charge the Buyer default interest on overdue payments at 2% above the current bank base rate with effect from the due date.
The Seller is not obliged to make any further deliveries in connection with any current contract until due invoice amounts, including default interest, have been paid. If the Buyer defaults on a due payment, or if the Buyer´s financial situation deteriorates significantly, the Seller can demand payment in cash prior to delivery of the goods for all still outstanding deliveries, in which case any payment period granted shall cease to apply.
6.The delivery period commences after written acknowledgement of order, after receipt of the agreed advance payment and after clarification of all technical questions whose clarification was reserved for later negotiation when the contract was concluded. The delivery period is met if the consignment is ready for dispatch within the period and the Buyer has been informed to this effect. Part deliveries are permitted. The delivery period applies barring unforeseen circumstances which are outside the control of the supplier or his subcontractor, in particular in case of force majeure, stoppages, strikes or the like, if these events significantly affect fulfilment of the contract in due time the delivery periods shall be extended appropriately.
7.In all cases goods are dispatched for the account of the Buyer and the Buyer´s risk. No liability is accepted for damage or loss in transit. Unless the Buyer has given special instructions for dispatch the Seller shall dispatch the goods by the best means according to the Seller´s judgement. Unless the Buyer instructs otherwise with regard to insurance against damage or loss in transit, the Seller is free to effect such insurance at the Buyer´s expense. However, the Seller is under no obligation to effect insurance.
8.If the Buyer fails to accept delivery of a part of the goods to be supplied the Seller is entitled to demand compensation up to the contract value of the relevant part of the goods supplied.
9.Installation shall take place on the basis of the General Conditions of Installation and Commissioning which shall be agreed separately.
10.Provided that the Buyer has not performed any unauthorized modifications or repairs, the Seller accepts liability as defined below fordefects in the delivered goods, including failure to meet the warranted quality, to the exclusion of any other claims.
There are no other express or implied warranties. Any statement about the production and/or commercial efficiency of a machine shall only be regarded as an estimate and not as a warranty or binding statement. No liability is accepted for materials or accessories purchased at the instigation of the Buyer.
If, within 12 months from the invoice date, not including the normal duration of transportation, installation and/or commissioning, any parts are proven unusable or significantly restricted in their usability on account of a circumstance occurring before the transfer of risk, in particular defective construction, inferior material or faulty manufacture, the Seller shall either repair such parts or deliver new parts free of charge. The choice between repair and replacement shall be the Seller´s.
Liability shall also only apply to defects which occur under the operating conditions agreed in the contract and with proper use. No liability is accepted for parts supplied which are subject to premature wear on account of the nature of the materials of which they are made, particularly moving parts, or the type of use.