general terms and conditions
Industrieservice GmbH, is a service company for quality control. We perform the work assigned to us as a works contractor within the meaning of Section 631 of the German Civil Code (BGB) exclusively on the basis of these General Terms and Conditions of Business and Payment. Any terms and conditions to the contrary are hereby rejected. The following terms and conditions shall also apply if Rugi
carries out work in the knowledge of conflicting or deviating terms and conditions.
By placing an order with Rugi Industrieservice GmbH, the customer expressly accepts these terms and conditions.
The terms and conditions shall apply for the duration of the entire business relationship, even if they are not expressly agreed again. Any deviating terms and conditions must be expressly fixed in writing. In the absence of such an express agreement, terms and conditions contrary to these General Terms and Conditions of Business and Payment shall not be recognised on our part. Any invalidity of individual provisions of these terms and conditions of business and payment shall not affect the validity and effectiveness of the remaining provisions. In the event that individual conditions are unavoidable, the parties to the contract for work and services are obliged to proceed in accordance with what was actually intended.
Conclusion of contract, conditions
Offers of Rugi Industrieservice GmbH are subject to change and non-binding. The contract for work and services is only concluded after the order has been placed by express confirmation on the part of Rugi Industrieservice GmbH or by the commencement of the execution of the transferred work performance.
Execution by third parties
Rugi Industrieservice GmbH is entitled to provide its own contractual services through third parties.
Terms of payment
(1) Rugi Industrieservice GmbH shall charge the customer the remuneration in accordance with the contractual agreement. Waiting times for provision of material or other delays not caused by Rugi Industrieservice GmbH must also be charged. Our working times are valid from "entrance/gatekeeper" to "exit/gatekeeper" without deduction of breaks. Payments are due within 10 days after receipt of invoice without deduction. After this period, Rugi Industrieservice GmbH reserves the right to charge interest on arrears. Should Rugi Industrieservice GmbH be forced to call in a lawyer after the third reminder, the entire lawyer's fees will be charged. Rugi Industrieservice GmbH is entitled to offset payments against the customer's older debts first, despite the customer's provisions to the contrary, and will inform the customer of the type of offsetting that has taken place. If costs and interest have already been incurred, Rugi Industrieservice GmbH is entitled to offset the payment first against the costs, then against the interest and finally against the main service. A payment is only deemed to have been made when Rugi Industrieservice GmbH can dispose of the amount.
(2) The Contractor's term of payment shall be 30 days after receipt of the invoice.
Payment shall be made by bank transfer to the Contractor's bank account.
(3) The term of payment for suppliers of Rugi Industrieservice GmbH is 10 working days after receipt of the invoice.
Payment shall be made by bank transfer to the supplier's bank account.
Rugi Industrieservices GmbH entitled to issue interim invoices for self-contained parts and agreed services.
Rugi Industrieservice GmbH is also entitled to issue interim invoices for certain periods, such as one week at a time.
Delay in delivery, liability, warranty
Rugi Industrieservice GmbH undertakes to perform the work assigned to it in due time in accordance with the contractual agreement. Rugi Industrieservice GmbH is not responsible for delays in delivery or performance due to force majeure and due to events that make delivery significantly more difficult or impossible for the seller, not only temporarily - this includes in particular strikes, lockouts, official orders and so on, even if they occur at suppliers of Rugi Industrieservice GmbH or their sub-suppliers - even in the case of bindingly agreed deadlines and dates. There is no obligation to pay compensation. Any warranty claims of the customer are to be reported to Rugi Industrieservice GmbH immediately after knowledge.
They shall initially be limited to the right of rectification or replacement delivery. If the rectification or replacement delivery fails within a reasonable period of time, the customer may, at his discretion, demand a reduction of the remuneration (abatement) or cancellation of the contract (redhibition). Only the customer is entitled to warranty claims against Rugi Industrieservice GmbH directly and these are not assignable. The liability of Rugi Industrieservice GmbH for damages arising from its contractual work is excluded, unless gross negligence or even intentional breach of contract is at issue. Any complaints arising from the work carried out by Rugi Industrieservice GmbH can only be compensated by the contractual partner through subsequent inspections, re-sorting and reworking at the expense of Rugi Industrieservice GmbH. However, this can only be done within 14 days after completion of the work.
Occupational health and safety
The activity of the Rugi Industrieservice GmbH employee at the client's premises is subject to the public-law provisions of occupational health and safety law applicable to the client's business; the obligations for the employer resulting therefrom shall be incumbent on the client without prejudice to the obligations of the contractor. The Client shall ensure that all accident prevention and occupational health and safety regulations applicable at the place of employment of the employee as well as the provisions of the Working Hours Act (ArbZG) are complied with and first aid facilities and measures are guaranteed. The client shall inform the employee about the workplace-specific hazards occurring during the activities to be performed as well as about the measures to avert them before the start of employment. Insofar as the employee is exposed to chemical, physical or biological effects or performs hazardous activities within the meaning of BGV A 4 during the work at the Client's premises, the Client shall carry out an occupational health check-up prior to the commencement of these activities. In the event of an occupational accident, the Client shall notify the Contractor without delay.
German law, place of jurisdiction
These Terms and Conditions and the entire legal relationship between Rugi Industrieservice GmbH and the customer shall be governed by the laws of the Federal Republic of Germany. If the customer is a fully qualified merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the local court of Gütersloh shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Should a provision in these terms and conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.