These terms and conditions contain generally accepted rules customary in the industry and are to be understood for the smooth cooperation between us and our clients. Unless expressly agreed otherwise, the following general terms and conditions form the basis of the present and all future contracts between us and you as the client, even if this is no longer agreed in individual cases in the future. The client's own terms and conditions only become part of the contract if they have been agreed accordingly.
We undertake to keep all business secrets known to us during the cooperation with the diligence of a prudent businessman and to treat all related information and documents confidentially. The discretion is granted beyond the contractual relationship and also applies if a cooperation does not come about.
We will submit a preliminary offer for the work to be prepared by us. To do this, you must describe the task in as much detail as possible. If we develop suggestions in the offer stage, you are not entitled to use these suggestions later, either in modified form or by third parties.
An order placed in writing or orally is considered accepted if we do not refuse acceptance within one week of placing the order. If we have already started processing the order, it cannot be canceled. In this case we are entitled to cancel the work and to invoice the expenses incurred up to that point.
We ask you to carefully examine our work after completion. As soon as you declare our work to be ready for printing, we are released from any responsibility for the correctness of the artwork. Insofar as you have corrections made on your own initiative, we shall not accept any liability. Liability for the unobjectionable competition law of an advertisement cannot be assumed; in particular, we are not obliged to have every draft legally checked beforehand. Responsibility in terms of press law lies with the client. No liability can be accepted for the harmlessness of technical documentation. With the written approval, ergo-safe (owner Mark Sailer) is relieved of any responsibility for the correctness of the documentation. The responsibility in terms of product liability lies with the client.
For a breach of essential contractual obligations for which the contractor is responsible, ie contractual obligations, the fulfillment of which give the contract the character and enable its proper implementation in the first place, the contractor is liable in accordance with the statutory provisions. The contractor is only liable for all other breaches of duty if damage was caused intentionally or through gross negligence by him or by a senior vicarious agent. Insofar as the contractor is not guilty of willful behavior, he is only liable for the typically occurring, foreseeable damage. Liability under the Product Liability Act remains unaffected; this also applies to liability for culpable harm to life, body or health. When accepting a guarantee, the contractor is liable in accordance with the statutory provisions. Unless otherwise stipulated above, claims for damages against the contractor for breaches of duty are excluded. Claims for damages according to the above expire within the statutory deadlines. The limitation of liability also applies to the employees of the contractor. In any case, the liability of the contractor according to the insured amounts is 1,000,000.00 EUR per year and case of damage
In general, the calculation is carried out as part of the cost estimate. However, we reserve the right to issue partial invoices. If the effort of an order increases, we are entitled to invoice the additional effort. We reserve the right to forward invoices from suppliers (printer, photo studio, etc.) directly to the client. All prices are exclusive of statutory VAT and shipping costs, payable net within 10 days after receipt of the invoice.
Unless otherwise agreed, all prices apply plus the legally applicable sales tax and any incidental costs (necessary cash outlays towards third parties, travel costs, expenses, etc.). Details of the contractor on the total costs of the service contract are fixed prices (unless expressly referred to as "according to expenditure"). Any changes that become necessary (additional services) will be charged separately, unless they are based on circumstances for which the contractor is responsible. Necessary travel and accommodation costs as well as expenses are calculated separately according to the costs actually incurred or (in the case of expenses) according to the applicable tax exemption limits.
The contractor is entitled to invoice his services in full after submitting the first corrected version. Payments are due 14 days after receipt of the invoice without any deductions.
Invoices are usually made without granting a discount. The discount is a voluntary concession that we only grant to certain customers (e.g. regular customers).
If the payment deadline is exceeded, the contractor is entitled to default interest of 5 percentage points above the base rate without any further reminder. Irrespective of other claims for compensation, the contractor is entitled to postpone his own contractual obligations in the event of payment arrears for which he is not responsible until the arrears have been made. Offsetting against counterclaims by the client or withholding payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.
The contractor is entitled to provide outstanding deliveries or services only against advance payment or provision of security if he becomes aware of circumstances which are likely to significantly reduce the customer's creditworthiness and through which the payment of the contractor's outstanding claims by the customer (including other individual orders to which the same framework agreement applies) is endangered.
The place of performance and jurisdiction for all disputes is Villingen Schwenningen
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find under https://ec.europa.eu/consumers/odr Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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The ergo-safe team offers you all services related to SISTEMA at a fixed price. In order to be able to make you an offer, we offer you a free potential analysis. For this we need a circuit diagram (e.g. as a PDF).
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