General Terms and Conditions
of the company Repowering Technik Ost GmbH
A. General information
I. Inclusion
1. these terms and conditions of sale, delivery and installation apply to all transactions between the
Repowering Technik Ost GmbH, hereinafter referred to as RTO, and its customers, insofar as these
are not consumers within the meaning of the German Civil Code.
2. these General Terms and Conditions apply to all - including future - contracts concerning
deliveries or other services, including for contracts for work and contracts for work and materials. This applies
even if the customer has its own deviating general terms and conditions of business.
has communicated. The customer's terms and conditions shall not be recognized even if RTO
does not expressly object again after receipt by RTO.
3. all regulations must be in writing, including an agreement that the written form is not required.
shall be canceled, unless otherwise provided for in these Terms and Conditions.
4. the respective valid terms and conditions of RTO shall apply, unless the customer
objects in writing within one month of becoming aware of the changes.
5. section A of these terms and conditions shall apply to each type of contract, for purchase and delivery contracts
additionally the clause B, for assembly and service work, as well as for warranty claims.
additionally the figure C.
II Offers and service descriptions
1 RTO's offers are subject to change. Verbal agreements and assurances
of our employees shall only become binding upon our written confirmation.
2. the information, illustrations, drawings and technical data as well as the description of performance
The information contained in the catalogs, brochures and advertisements is always non-binding and does not
to a quality agreement, unless they are specified in the order confirmation.
expressly designated as binding.
3) RTO has the right to use cost estimates and drawings as well as other documents.
and copyright law. They may not be made accessible to third parties and must be kept on
return the goods upon request. Third parties shall also include any personal or business relations with the customer.
companies affiliated under company law.
III. 1. 2 Conclusion and content of the contract
The written order confirmation is decisive for the conclusion and content of the contract.
RTO's confirmation. If this deviates from the customer's order, it shall nevertheless prevail,
if the customer does not object to this immediately or if he does not accept the delivery or service.
RTO accepts or performs without reservation.
All public charges (taxes, fees, customs duties, etc.) arising from or in connection with
with the conclusion or execution of the contract outside the Federal Republic of Germany
Germany are borne by the customer.
IV. Payment and settlement
1. all payment periods shall commence on the invoice date. Payments for the purpose of
The fulfillment of RTO's claims against the customer must be in accordance with our
payment conditions granted. Unless otherwise specified or stated on the
invoice form, payment must be made within 7 days of the invoice date.
date without deduction.
For transfers to one of the bank accounts specified by RTO as well as for payment with-
In the case of payment by check, only the unconditional crediting to an account of RTO shall be deemed payment.
2. if RTO accepts bills of exchange, payment shall only be deemed to have been made when the bill of exchange has been honored.
Discount and bank charges as well as the taxes incurred thereon shall be paid by the customer.
3. RTO does not guarantee that bills of exchange or checks are duly presented in due time.
be laid, protested or withdrawn.
4. if the customer is in arrears with a payment in whole or in part, RTO shall be entitled to demand payment in full or in part.
from the date in question in the amount of the respective interest rate.
commercial banks, but at least 10 percentage points above the applicable debit interest rate.
base interest rate per annum. Furthermore, a flat-rate administration fee of 6 % is charged.
p.a. is due.
5. if the customer is more than 3 weeks in arrears with a payment or cancels a
check or a bill of exchange is not received by the due date or two or more payments are due for other reasons.
If the RTO's solvency is in doubt, all payments owed to the RTO will be
obligations are due immediately, irrespective of the term of any incoming
bills of exchange. Furthermore, RTO is entitled to suspend the performance of all other claims of
to demand securities, to make outstanding deliveries only against advance payment or
to provide security, the processing, treatment and/or resale of the goods.
to prohibit us from making any changes to the goods in our ownership or co-ownership and to de-
to demand their surrender.
6. set-offs on the part of the customer are excluded, unless the counterclaims
is legally undisputed or recognized by the RTO.
7. payments (including partial payments or payments on account) shall always be used to settle the
the oldest debt item and the interest accrued on it as well as the administrative expenses.
used as a lump sum.
8. without the customer's consent, RTO shall be entitled to collect due or future monetary claims from
the contractual relationship in whole or in part to third parties. A prohibition of assignment
or consent requirement in the customer's terms and conditions is expressly excluded.
contradicted.
V. Retention of title and redemption
1. the delivery item shall remain our property until all claims arising in connection with the delivery have been satisfied in full.
The goods and services in connection with the supply contract are the property of RTO.
The following also applies:
a) Any treatment and processing of the delivery item subject to retention of title
and its connection to third-party components by the customer or third parties
is made for RTO. RTO is entitled to co-ownership of the newly created items.
The customer shall be entitled to compensation in accordance with the value of the delivery item.
b) The customer is entitled to resell the purchased item in the ordinary course of business.
buy.
c) The customer hereby assigns all claims arising from the resale of the delivery item to us.
to RTO to secure its claims, irrespective of whether or not
the delivery item has been resold without or after processing.
RTO undertakes to provide the securities to which it is entitled at the customer's request.
to be released to the extent that the estimated value of the collateral at the time of release
the value of the claims to be secured, including the costs.
only temporarily by more than 80 %. The selection of the
claims is the responsibility of RTO.
d) The customer is authorized to collect his claims. Disclosure of the collection
RTO reserves the right of representation and collection.
e) The customer is obliged to treat the delivery item with care, in particular
the customer is obliged to insure it at his own expense against machine breakage, fire, water
and theft at the delivery value.
f) In the event of breach of contract by the customer, in particular in the event of default in payment
RTO is entitled to take back the goods and the customer is obliged to surrender them.
However, due to the retention of title, RTO may only manufacture the delivery item.
if RTO has withdrawn from the contract. In the event of withdrawal
of the delivery item, RTO is entitled, without proof of damage for the first
half a year of use of the delivery item, a reduction in value of 25 %, for
A fee of 20% shall be charged to the customer for each additional half year.
The customer's right to prove a lower reduction in value shall remain unaffected.
untouched.
g) The customer may not pledge the delivery item or give it as security to third parties.
transfer.
2. in the event of seizures or other impairments of the owner's interests, the customer must
RTO immediately.
VI Performance disruptions and defects
1. insofar as the obligation to perform is excluded for the reasons stated in the law (§ 275 BGB)
is excluded or can be excluded, the customer can demand compensation for damages
and/or withdraw from the contract, unless RTO is not responsible for the reason that
led to the exclusion of the obligation to pay benefits. However, the one-off damage
compensation claim of the customer to 5 % of the value of that part of the delivery which has been lost due to
2. 3. 4. 5. 6. 7. 8. 9. 10. 11. of the exclusion of the obligation to perform not used in good time or not used in accordance with the contract
can be made. Further claims for damages due to the exclusion of the
The obligation to pay benefits is governed exclusively by Section VII of these terms and conditions. In the event of
partial performance, the customer may only withdraw from the contract if the partial performance is demonstrably
is of no interest to him. If the customer is then not entitled to withdraw from the contract, he may request a
reasonable reduction of the consideration or demand payment for that part of the
performance for which the obligation to perform is excluded. Withdrawal is the same
excluded if the customer is responsible for the circumstance that led to the exclusion of the
obligation is solely or predominantly responsible or the customer is in default of payment.
acceptance and RTO the circumstance that leads to the exclusion of the obligation to perform,
is not responsible. In such cases, the customer shall remain obliged to provide consideration.
Insofar as strikes or lockouts, cases of force majeure or the occurrence of other unforeseen
events outside the control of the RTO, the economic importance of the RTO and the
or the contents of the delivery or significantly affect the operation of RTO.
and these events are not only of a temporary nature, the
contract is adjusted appropriately in good faith. Insofar as this is economically
RTO may rescind the contract or, if the contract is not economically justifiable
If the contract is a long-term supply relationship, the contract may be terminated for good cause.
No claims for material defects shall exist in the event of only minor impairment of the
usability, in the event of natural wear and tear or damage occurring after the transfer of risk.
damage as a result of incorrect or negligent handling, excessive use, inappropriate
equipment, defective construction or installation work by the customer or
processors in the supply chain or end customers, unsuitable building ground, chemical
electrochemical or electrical influences or which are caused by special external influences.
influences for which RTO is not responsible.
If the customer or a third party undertakes improper further processing, modifications or
repair work, there is no liability for these and the resulting consequences.
no claims for defects or other claims. This shall also apply if the customer or a third party
has attached or installed parts.
Claims for defects shall also not exist if the customer has failed to notify the
delivery item must be carefully inspected by RTO immediately after delivery, insofar as
is feasible in the ordinary course of business, and any defects discovered must be reported immediately.
in writing to RTO. If defects cannot be discovered despite the inspection
defects (hidden defects), these must be reported in writing immediately after their discovery.
show. If the written notification is not made in good time, the claims due to such
Defects excluded.
If the customer or a third party has replaced the delivery item with third-party parts during installation
modified and installed, defects resulting from these additional modifications are excluded.
and assembly of the equipment.
Furthermore, a warranty for defects shall not be granted if the customer fails to comply with all installation and
Operating instructions of the supplier and manufacturer are not followed.
Natural wear and tear and damage caused by negligent or improper handling of the product.
and in particular due to excessive stress on the lying surface.
The warranty does not cover any damage to the goods.
In the event of material defects within the warranty period, RTO shall, at its discretion, replace the defective goods.
RTO may repair or replace the defective parts free of charge (subsequent performance). RTO may demand the subsequent
performance if this would involve disproportionate effort and/or costs.
is bound. If the customer has set RTO a reasonable deadline for subsequent performance, which has not been
the customer may withdraw from the contract or, in the case of contracts with a continuing obligation, cancel the contract.
terminate the contract or reduce the remuneration.
Only in urgent cases of danger to operational or other safety is the
customer is entitled to remedy the defect himself or have it remedied by third parties or to have RTO
to demand reasonable reimbursement of its costs. The self-remedy requires the prior
the consent of the company RTO. The customer shall also be entitled to
possible if RTO is in default with the rectification of the defect.
If the defect is remedied by the customer or by a third party, RTO maxi-
times the costs incurred by RTO itself in carrying out the defect rectification itself.
would be.
RTO has no obligation to inspect and is not liable for defects in parts provided by the customer.
or by an intermediate supplier selected by the customer.
For other third-party products used by RTO in the manufacture of the delivery item
are used without substantial processing, RTO may limit its liability to the assignment
the warranty claims to which it is entitled vis-à-vis the subcontractor.
ken. If RTO makes use of this right, it shall be subordinately liable for the claims that
the customer does not have the right to claim from the subcontractor in the court proceedings to be conducted in advance
could be enforced. RTO will support the customer in these legal proceedings, if necessary as
Intervene in the proceedings.
Further claims for damages or reimbursement of expenses, e.g. loss of profit of the
customers against RTO, its bodies, its legal representatives and/or its vicarious agents
are excluded. This does not apply insofar as RTO, its bodies, its legal representatives
and /or its vicarious agents are guilty of intent or gross negligence and /or
in the event of a breach of material contractual obligations. In the event of a breach of material contractual obligations
liability is, however, limited to the compensation of the typical damage caused by the
foreseeable damage if RTO, its executive bodies, legal representatives and/or their
vicarious agents are only guilty of simple negligence.
Unless otherwise agreed with the customer, the warranty period shall be
12 months from transfer of risk for new parts and 6 months for reconditioned parts.
VII Liability and indemnification
1. to the extent that these General Terms and Conditions of Delivery or applicable mandatory
legal provisions to the contrary, claims for damages and expenses are
of the customer vis-à-vis RTO, its bodies, its legal representatives and/or its heirs.
for any legal reason whatsoever, in particular due to violations of the
The liability for damages arising from contractual obligations and/or tort is excluded. This does not apply if
far RTO, its bodies, its legal representatives and/or its vicarious agents
intent or gross negligence and/or in the event of a breach of material contractual obligations.
Contractual obligations. In the event of a breach of material contractual obligations, the scope of liability is
However, liability is limited to compensation for typical foreseeable damage if RTO,
its executive bodies, its legal representatives and/or its vicarious agents only simple
negligence, whereby in the case of ordinary vicarious agents, this limitation of liability shall not apply.
The scope of liability applies to all negligence. Furthermore, liability is not limited if
RTO has mandatory liability under the law, e.g. under the Production Liability Act and/or
in the event of injury to life, limb or health.
2. in all other respects, however, RTO shall be liable to the customer to the extent that the existing
RTO's public liability insurance provides compensation. The public liability insurance
The "General Terms and Conditions of Insurance for Liability Insurance" (AHB) apply.
reason.
3. 4 The statutory statute of limitations shall apply to all claims for damages.
Claims for defects of title due to the infringement of industrial property rights and copyrights
rights (property rights) of third parties only exist if these rights exist in the Federal Republic of Germany.
Germany. Furthermore, RTO shall only be liable if the customer does not use the goods.
the contract and third parties therefore have justified claims against the customer.
claim. In the event of liability due to such defects of title, RTO shall grant the customer the right to
for further use or to return the delivery item to a place that is reasonable for the customer.
The customer may modify the goods in such a way that there is no longer any infringement of property rights. The customer
may rescind or terminate the contract if the defect of title prevents the use of the goods.
of the item is not only insignificantly impaired, or reduce the remuneration if it
RTO has unsuccessfully set a reasonable deadline for subsequent performance, in which he has given RTO sufficient time to remedy the defect.
has given the customer sufficient opportunity for subsequent performance.
5. should circumstances arise that lead to a recall or comparable action by the
products delivered by RTO to the customer, the party that is responsible for the
first obtains indications or knowledge of such circumstances that the other party
immediately. Actions of product withdrawal from the market or product modi
The market communications must be coordinated with the other party, provided they meet their interests.
interests may be affected. In such cases, the parties will work together as best as possible.
actions. RTO is only liable for such actions to the extent required by law.
is written.
6. to the extent that these General Terms and Conditions of Delivery or other agreements with
RTO is liable for the delivery of standard components, unless otherwise agreed with the customer.
according to specification or sample for changes made by the customer to the delivery item.
17. the scope of RTO without the prior written consent of RTO. RTO is liable
nor for causes of damage caused by installation or repair work carried out by the customer.
the embedding of RTO scopes of delivery in a specific environment, be it
unless RTO had previously agreed to the customer's course of action in writing in full knowledge of all circumstances.
agreed to.
To the extent that third parties assert claims against RTO, the aforementioned prior written
RTO has not given the necessary consent and the cause of the damage is not in the RTO.
RTO's area of responsibility cannot be determined, the customer shall indemnify RTO from these claims.
third parties.
VIII. Guarantee
1. the assumption of guarantees and property descriptions or of the procurement risk
The right of withdrawal must be expressly granted by RTO, must be designated as such and must be in writing.
form.
2. any other information that RTO passes on to the customer shall at no time constitute
shall constitute a guarantee or assumption of the procurement risk.
IX. Withdrawal by RTO
1 RTO may withdraw from the contract in whole or in part if
a) insolvency proceedings have been applied for against the customer's assets
or its opening is refused, submit a written credit report to the RTO.
which shows that the customer is not creditworthy or that the customer is not creditworthy for other reasons.
ceases its business operations due to
or threatens to do so.
b) the delivery or installation date is postponed in accordance with these terms and conditions and RTO
is no longer interested in the delivery or assembly as a result of the delay,
c) if material circumstances, which were the basis for the conclusion of the contract, change so
have changed to such an extent that RTO cannot be expected to adhere to the contract.
can be used.
2. the statutory rights of withdrawal remain unaffected in this respect.
B. Terms and conditions of sale and delivery
I. Transfer of risk and delivery
1. unless RTO has expressly agreed to the shipment of the goods by means of corresponding delivery clauses
and the associated risks (material and price risk), the
risk shall pass to the customer at the time of notification of readiness for shipment. This shall apply
even if partial deliveries are made or if RTO also provides other services (e.g. assembly and installation).
has taken over the company.
Acceptance or receipt may not be refused due to insignificant defects.
the. If the dispatch or acceptance is delayed through no fault of RTO, the
Risk is transferred to the customer when the goods are ready for acceptance.
2 Unless otherwise agreed, the customer shall bear the costs of packaging, loading and unloading.
freight and installation.
II Prices
1. the prices of RTO are quoted ex works, net cash, plus statutory VAT.
sales tax or other local taxes, unless otherwise agreed.
2. the shipping packaging is also not part of the prices quoted by RTO. Shipping
Packaging of any kind will not be taken back.
3. the prices and conditions of the documents valid at the time of conclusion of the contract shall apply, insofar as
unless otherwise agreed.
If taxes or other third-party charges change later than six weeks after conclusion of the contract
costs that are included in the agreed price or if they arise anew, RTO is liable in the corresponding amount.
to a price change to the extent necessary.
4. the prices are calculated on the cost basis of the offer. In the event of changes
prices of materials, wages, currency fluctuations, statutory value added tax or
other cost factors such as the cost of energy supply, disposal costs
costs or public charges, RTO reserves the right to adjust the price after timely notification.
Notification of the customer.
III Deadlines and dates
1. the delivery obligation of RTO is subject to the timely and correct self-delivery of the goods.
delivery, unless the incorrect or delayed delivery or non-delivery
is due to RTO.
2. binding dates for delivery (delivery dates) must be expressly agreed as such.
be. An agreed period for delivery (delivery period) shall only commence upon receipt of our
written order confirmation to the customer, but not before the customer has provided the
information, technical data and documents to be procured. Fixed dates shall only be
as fixed dates within the meaning of the German Commercial Code if they are expressly agreed as such.
be referred to as the "kitchen".
3. changes or extensions to the original contract agreed after conclusion of the contract
The original delivery deadlines or dates are extended or postponed due to changes in the scope of the order.
appropriate.
4. the time of dispatch ex works shall be decisive for compliance with delivery dates.
They shall be deemed to have been complied with upon notification of readiness for dispatch.
5. the delivery date shall be postponed appropriately in the event of strikes and lock-outs, in the absence of
and untimely delivery to RTO, in cases of force majeure and in the event of unavoidable
foreseeable events that are beyond the control of RTO. Occurrence and vo-
RTO shall notify the customer of the expected duration of such events.
The delivery date shall also be postponed if the customer fails to comply with his payment and other obligations.
is in arrears with its obligations by the duration of the arrears, or if
technical or commercial issues are unresolved in order to save the time needed to clarify such issues.
questions is necessary.
As long as RTO is not responsible for the events mentioned in this paragraph, the
Customer may not withdraw or terminate the contract.
6. to the extent that RTO is in default of delivery and the customer suffers damages as a result of the delay.
the delay, he is entitled to compensation for each completed week of delay.
the delay of a maximum of ½ %, but in total a maximum of 3 % of the purchase price of the partial
delivery that cannot be used on time or in accordance with the contract due to the delay.
can be used.
The customer reserves the right to prove higher damages caused by delay. The right,
due to a delay in delivery for which RTO is responsible after the fruitless expiry of a period set by the
reasonable deadline set by the customer for performance under the statutory requirements
The right to withdraw from or terminate the contract remains unaffected by this.
7. if RTO is in default of delivery, the customer shall, at RTO's request, deliver the goods within
to declare within a reasonable period of time at what changed time the delivery will take place.
is to be delivered. If transportation is delayed after the goods are ready for shipment for reasons that are
RTO is not responsible for, the customer shall be entitled to a reasonable period of time, beginning with the notification of the shipping
willingness to bear the costs arising from storage, in the case of storage at the RTO plant
at least ½ % of the net settlement amount is charged for each month. The customer
RTO reserves the right to prove lower storage costs. Further claims of RTO
remain unaffected by this.
8. if the customer is domiciled in Germany, the following shall apply: For offsetting in insolvency proceedings
vence, the customer and RTO enter into the following agreement pursuant to Section 94 of the Insolvency Ordinance:
In the event of the customer's insolvency, RTO's claims against the customer shall be settled with the customer's first
the opening of insolvency proceedings, even if they would otherwise still be due at that time.
would not be due. In the event of a court order for provisional insolvency proceedings
the due date occurs with the court order. This also applies vice versa for claims
of the customer in the event of RTO's insolvency.
IV. Intermediate suppliers
1. should the customer wish to have one or more intermediate suppliers between the customer and
RTO, this requires the prior consent of RTO. RTO will
However, it may not refuse consent if, in addition to the intermediaries named by the customer
suppliers for outstanding receivables and compliance with the agreements between the customer and the supplier.
and RTO as for its own liabilities.
2. the customer enters into this liability obligation as soon as he has purchased one or more intermediate deliveries.
and RTO has confirmed this.
V. Property rights
1. all damage to the delivery item or parts thereof at the time of the conclusion of the contract
already applied for by RTO or granted to RTO, other existing intellectual property rights, other
Property rights and existing copyrights shall remain, notwithstanding the sale and
the delivery to the customer, are the exclusive property of RTO.
2. a transfer of these rights as well as the granting of licenses or the like to the
Customers are excluded.
VI Shipping and transfer of risk
1. unless otherwise agreed, the goods shall be delivered unpacked and not packed against water.
protected for shipment. For packaging, protective and/or transportation aids
in his experience, RTO ensures this at the customer's expense.
2. goods reported ready for dispatch in accordance with the contract must be called off immediately, otherwise
RTO is entitled, after issuing a reminder, to return them to the customer at our expense and risk.
choice or to store them at our own discretion and to invoice them immediately.
3. unless otherwise agreed, the shipping route and means of shipment shall be at the expense and risk of the customer.
risk of the customer as well as the forwarder and carrier shall be determined by RTO. With the handover
of the goods to a forwarding agent or carrier, but at the latest when the goods leave the place of delivery.
The risk, including the risk of confiscation of the goods, is assumed in all transactions, including
carriage paid or free delivery, to the customer. RTO only provides insurance
at the instruction and expense of the customer. The obligation to unload and the costs of unloading shall be borne by the customer.
The customer shall bear the costs of the
4. if, through no fault of RTO, the transportation is delayed on the intended route or to the
place in the scheduled time, RTO shall be entitled to move to an alternative location.
their route or to another location; the additional costs incurred shall be borne by the
Customer. The customer shall be given the opportunity to comment beforehand.
5 RTO is entitled to make partial deliveries to a reasonable extent. Customary additional or
Short deliveries of the agreed quantity are permissible.
6. in the case of contracts with continuous delivery, RTO call-offs and grade classification for
approximately equal partial quantities, otherwise RTO shall be entitled to refuse the determination.
at its reasonable discretion. If the contractual quantity is exceeded by the individual call-offs
RTO is entitled, but not obliged, to deliver the surplus.
RTO may deliver the surplus to the customer at the prices valid at the time of the call-off or delivery.
Calculate prices.
VII Manufacturing equipment and confidential customer information
1 RTO has the basic right to insure machines, tools and spare parts.
3 years after End of Production (EOP), i.e. after official discontinuation of series production.
production of the supplied model by the manufacturer (Original Equipment Manufacturer,
OEM).
2. models, matrices, templates, patterns, tools and other production equipment, as well as
confidential information made available to the Supplier by the Purchaser or provided by the Purchaser to the Supplier.
have been paid in full may only be used for deliveries of goods with the prior written consent of the customer.
to third parties.
C. 1 Obligations of the customer to cooperate during installation, assembly and service work
also in the context of warranty claims
The customer shall support RTO with the services to a reasonable extent. In particular
In particular, he must provide RTO with all necessary information in good time in advance.
and to ensure access to its facilities to carry out the work, so that the
how RTO employees and representatives are familiarized with the local safety regulations.
to assign. Upon request, the customer shall provide RTO with supplies for the performance of its work.
The customer is obliged to provide the necessary connections (electricity, water, etc.) free of charge. Insofar as facilities
of the customer during the work to be carried out by RTO in whole or in part.
operational, this does not constitute a defect in RTO's performance and does not result in any
out any claims of the customer against RTO.
2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The customer is responsible for installation, assembly and service work at his own expense.
and in good time:
All earthworks, construction work and other ancillary work outside the industry, including the necessary
and auxiliary staff, building materials, machines and tools,
The items and materials required for assembly and commissioning, such as
Scaffolding, lifting equipment (e.g. heavy-duty crane) and other devices, as well as lubricants,
Energy and water at the point of use, including lighting,
At the assembly site for the storage of machine parts, equipment and materials,
tools, etc., in sufficiently large, suitable, dry and lockable rooms and for
the assembly personnel have adequate working and recreation rooms, including the
sanitary facilities; in addition, the customer must ensure the protection of the property.
RTO and the installation personnel on the construction site to take the measures that he
would take to protect their own property,
Protective clothing and protective devices that are required due to special circumstances of the assembly site.
are required.
Before starting the installation work, the customer must provide the necessary information about the position of the concealed
electricity, gas/heating/water pipes or similar installations as well as the necessary
The customer must provide the necessary structural data without being requested to do so.
After completion of the work, the customer must ensure in accordance with the applicable laws that
to dispose of any waste accordingly.
Before starting installation or assembly, the persons responsible for starting the work must
necessary provisions and objects at the installation or assembly site.
and all preparatory work must be so far advanced before the start of construction that the
installation or assembly commenced as agreed and carried out without interruption.
can be guided. Access routes and the installation or assembly site must be accessible.
be.
A contact person authorized by the customer must be available for the entire installation/service period.
are available to RTO employees. After completion of the work, the successful
and will be confirmed with a signature confirmation on the RTO report.
accepted. Automatic acceptance takes place after completion of the work if no
customer contact was available.
If the installation, assembly or commissioning is delayed due to circumstances beyond the control of RTO
circumstances for which the customer is responsible, the customer shall bear the reasonable costs for waiting time
and any additional travel required by RTO or the installation personnel.
1. 2. 3 Place of performance, place of jurisdiction and applicable law
Unless otherwise agreed, the place of performance for deliveries by RTO shall be Halle an der
Saale or Mindelheim and for work performed by RTO the place of performance.
All legal relationships between the customer and RTO shall be governed by local law with the exception of
the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
the international sale of goods.
The place of jurisdiction is the court responsible for the supplier's registered office. However, the supplier is entitled to
at the head office of the customer.