1. Scope of validity
1.1 The following General Terms and Conditions (the “Terms of Service”), apply exclusively to all works and services (the “Services”) of Aliaxis Deutschland GmbH, hereinafter referred to as Aliaxis Deutschland for the servicing, maintenance or repair of electrofusion welding devices, scraper tools and the respective accessories.
1.2 Conflicting or deviating terms will not be acknowledged unless Aliaxis Deutschland has expressly agreed to the validity of such in writing. These Terms of Service shall also apply if Aliaxis Deutschland provides its Services without reservation, whilst also being aware of conflicting general terms and conditions or deviating terms.
1.3 The following Terms of Service apply exclusively to commercial enterprises within the meaning of § 13 BGB (German Civil Code), legal entities under public law or a special fund under public law.
1.4 The delivery and payment terms of Aliaxis Deutschland GmbH apply in their currently valid version as an extension of, or in addition to, these Terms of Service, which are available on the website in the footer at: Delivery and Payment Terms. These can be viewed and printed out, and Aliaxis Deutschland can also provide the terms to the client as a printed copy upon request. These include, among others, information regarding retention of title, applicable law and the place of jurisdiction.
2. Scope and content of the Services
2.1 Aliaxis Deutschland shall provide maintenance, repair and other Services for the client in the electrofusion welding devices, scraper tools and/or accessories sector that were manufactured and/or distributed by Aliaxis Deutschland to process and install plastic pipe systems (the “Devices”). The Service is provided at Aliaxis Deutschland in Mannheim or as part of the mobile servicing outside the company head office, e.g. directly on site at the client's premises.
2.2 The scope and content of the Services to be carried out are stipulated and established in the specifications.
3. Remuneration of the Services
3.1 All the Services provided and carried out by Aliaxis Deutschland generally incur a charge, unless Aliaxis Deutschland expressly offers such Services as a free goodwill Service. All remuneration is exclusive of the statutory rate of VAT.
3.2 The rates for the Services provided are specified in the “Aliaxis Deutschland GmbH Terms of Service for Device Servicing”. A cost estimate is prepared based on these rates in accordance with no. 3 below and the invoice will be established after completion of the Service. Aliaxis Deutschland will provide the client with the “Aliaxis Deutschland GmbH Terms of Service for Device Servicing” upon request, before issuing the servicing contract or the instruction to prepare an estimate.
3.3 A cost estimate will be prepared at the express request of the client or for more extensive repair work. The repair costs stated in the estimate serve as a guideline based on information provided by the client and after an inspection of the respective Device. If more extensive repair work is necessary during the repair of the Device, Aliaxis Deutschland reserves the right to perform such repair work without consulting the client if the total repair costs do not exceed 15% of the cost stated in the estimate. Otherwise, Aliaxis Deutschland will notify the client that the cost stated in the estimate is anticipated to exceed 15% of the estimate and will issue a new estimate.
3.4 If Aliaxis Deutschland is deployed outside the company head office, travel costs, expenses and other costs will be subject to specific Service conditions to be carried out in accordance with the Terms of Service document “On-site/at premises maintenance as part of the mobile servicing of Aliaxis Deutschland GmbH”.
3.5 With respect to the payment terms, express reference is made to the Aliaxis Deutschland GmbH Delivery and Payment Terms in their currently valid version (see no. 1.4 of these Terms of Service).
3.6 We reserve the right to request advance payment in cash for all Services in the event of non-compliance with the payment terms, or if circumstances exist that would call the client's creditworthiness into question. We may also carry out outstanding deliveries and Services only against advance payment or security or to withdraw from the contract and request compensation. We also reserve the right to prohibit the resale of the Devices supplied under retention of title and to restore the Devices to their original condition if we have withdrawn from the contract.
3.7 The client may only offset if his counterclaims have been established in law, are undisputed or acknowledged by Aliaxis Deutschland.
3.8 The client's right of retention is excluded unless the client's counterclaim arises from the same contractual relationship and is undisputed or established in law.
4. Data readouts and data backup
4.1 In cases where electrofusion welding devices have a data storage function, the welding records will be read out for backup purposes during the maintenance or repair of the Device and stored on a server operated by Aliaxis Deutschland GmbH. The data is stored under the respective Device number. Should the client specifically wish to delete the records for his Device numbers, he may inform Aliaxis Deutschland of this at any time without giving reasons.
4.2 Should the client wish to have a readout and transmission of the contents of the memory, this Service will be charged in accordance with the “Aliaxis Deutschland GmbH Terms of Service for Device Servicing”. In this case, the client shall receive the records as a data file via email or saved on a storage medium provided by the client. Delivery will be in the form of a paper printout for older FRIAMAT device types.
4.3 Aliaxis Deutschland reserves the right to evaluate and analyse the stored records to optimise its own customer services and to derive measures therefrom within the scope of its own product monitoring obligation.
4.4 The client shall ensure that no personal data (in particular names of users) is stored in the welding records. The client shall take measures to ensure that data protection is implemented in accordance with the GDPR and any other applicable data protection regulations, e.g. by assigning pseudonyms or similar in the welding certification.
5. The client's obligation to cooperate during an on-site Services within the scope of the mobile servicing
5.1 Clients for whom Aliaxis Deutschland provides an on-site Service at the client's premises must assist the Aliaxis Deutschland personnel to carry out the agreed Services to the best of their ability and at their own expense. In particular, the client must provide auxiliary staff for the Aliaxis Deutschland personnel and any tools/aids, power supply and water, including the appropriate connections, free of charge and to the extent necessary to fulfil the contract. This also applies to the provision of consumables and operating materials.
5.2 The client shall take all the necessary measures to protect persons and property. The client shall inform the Aliaxis Deutschland personnel of any specific safety regulations to the extent that these are important for the provision of the Service. The client shall also ensure that Aliaxis Deutschland personnel comply with any safety regulations and will alert them in the event of any violations.
5.3 In the case of Services provided on site at the client's premises, a contact person must be appointed and available for the contractor’s personnel who is responsible, competent and authorised to respond to any queries with respect to the performance of the contract.
6. Service deadline
If Aliaxis Deutschland has specified a deadline for the execution or completion of the contract, and the client placed the order for works based on such deadline, this may be extended in the event of strikes and cases of force majeure for the duration of the delay.
7. Shipping, transport and transfer of risk
7.1 Aliaxis Deutschland will select the shipping route and method for returning the client's Devices, unless it receives different instructions from the client. Unless otherwise agreed, the client will bear the shipping costs. The packaging required for shipping will be charged at cost.
7.2 The risk of damage to or loss of the Device during shipping shall be transferred to the client once the serviced or repaired Device has left our works, has been handed over to the respective shipping company, picked up by an employee of the client or collected by the client from the site as part of the mobile servicing. The shipping company transporting the Device must be immediately notified in writing of any damage during transit upon receipt of the shipment, or Aliaxis Deutschland must be notified in writing if its own transport was used to ship the Device.
8. Claims for defects
8.1 Should the client accept the Service, even if he is aware of a defect, he shall only be entitled to claims for defects to the extent described below if he has reserved such claims at the time of acceptance.
8.2 Should any defects arise after acceptance of which the client was unaware at the time of acceptance, the client shall immediately report such defects in writing and no later than 7 days after they are detected. Any claims for defects that are not reported in a timely manner shall be null and void.
8.3 Should the claims be justified, Aliaxis Deutschland will either provide subsequent performance or a replacement product. If Aliaxis Deutschland can neither remedy the defect nor provide a replacement within a reasonable period or after a maximum of two attempts, the client may withdraw from the contract or request a reduction in the remuneration due. Withdrawal is excluded only in the event of a minor breach of obligation on the part of Aliaxis Deutschland.
8.4 The limitation period for claims for defects is one year from the transfer of risk. This shall not apply if a longer period is stipulated by law in accordance with §§ 438 para 1 no. 2 (buildings and items for buildings) and § 634a para 1 no. 2 BGB (German Civil Code) (construction defects) and in the event of injury to life, limb or health arising from an intentional or grossly negligent breach of duty on the part of Aliaxis Deutschland or its vicarious agents or a fraudulent concealment of a defect.
8.5 The limitation period shall commence with acceptance.
8.6 Should the defects be eliminated, the limitation period for the replacement or repaired Devices will not be reset, even in cases of goodwill. In the event of an acknowledgement of defects in exceptional cases, this shall apply exclusively to defects that were subject to a request for subsequent performance. Claims for defects shall not apply in particular to defects arising after the transfer of risk and resulting from unsuitable or improper use, incorrect assembly or commissioning by the client or third parties, unauthorised mode of operation, natural wear and tear, defective maintenance, unsuitable operating resources, incompatible installation site, lack of stability or inadequate security of the power supply and software errors that cannot be reproduced.
9. Liability for damages
9.1. Aliaxis Deutschland shall be liable in the event of an injury to life, limb or health for which it is responsible in accordance with the statutory provisions.
9.2. The following applies to additional damages: a) Aliaxis Deutschland is liable in accordance with the statutory provisions for damages arising from a grossly negligent breach of duty on the part of Aliaxis Deutschland or an intentional or grossly negligent breach of duty by its legal representatives or vicarious agents. b) Liability is limited to the foreseeable damage typical of the contract up to a maximum of the value of the delivery item or Service for damages arising from the breach of essential contractual obligations and due to the simple negligence on the part of Aliaxis Deutschland, its legal representatives or vicarious agents. c) Claims for damages in the event of the breach of secondary obligations or non-essential obligations in the case of simple negligence are excluded. d) Claims for damages due to delays based on simple negligence are excluded; the client's legal rights after the expiry of a reasonable grace period shall remain unaffected.
9.3. The exclusions or limitations of liability shall not apply if Aliaxis Deutschland has fraudulently concealed a defect or has issued a guarantee for the quality of the product.
9.4. The
client's claim for compensation for fruitless expense in place damages and also
instead of performance, and liability under the Product Liability Act shall
remain unaffected.
10. Data protection
The client acknowledges that Aliaxis Deutschland stores data arising from the contractual relationship in accordance with Article 6 para 1, b) GDPR for data processing, and reserves the right to transfer the data to third parties (e.g. insurance companies) to the extent necessary to perform the contract. The data protection regulations contain additional information which is available on our website in the footer under the header data protection.
Mannheim, December 2019
Aliaxis Deutschland GmbH
Steinzeugstr. 50
68229 Mannheim
Telephone +49 621 486-2828
info.de@aliaxis.com
www.aliaxis.de