Terms & Conditions

General commercial terms and payment terms on the implementation of work achievements by the enterprise of Dürholt

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I. Universal

The company Rework & Quality Service Dürholt GmbH & Co. KG (Dürholt) gets on Civil Code as a work enterprise, after §631. For all services which are produced of Dürholt including such from future business transactions, are valid the following listed general terms of business.

II. Completion of contract

The principal is bound by his signature, under the placing of order, to the contract. This placing of order is passed on by fax in Dürholt. Dürholt can accept this offer immediately, by sending of the confirmation of order, or by direct working admission. This confirmation of order sent by Dürholt is also completely valid without signature. The contract is valid as legal if the principal, the sent confirmation of order does not contradict by Dürholt, immediately.

III. Reimbursement

1. Reimbursement

The hourly sentences which are deposited on the topical price-list are valid it. By the employees of the company Dürholt produced achievements, are subtracted after performed hours. Otherwise agreed reimbursements need the written form and are noted on the confirmation of order.

2. Travel expenses

Every kilometer is subtracted with 0.35 EUR / km (beyond the area of Cologne)

3. Costs of material

The use of machines is included in the agreed hourly sentence. For consumption materials the right reserves itself Dürholt to subtract this – after consumption – separately with the principal.

4. Payment terms

Payments with releasing effect, are able to do only to the Crefo-Factoring Rhein-Wupper GmbH, Kuller street 11, 42651 Solingen, on the account 133 62 96, bank code number 342 500 00, BIC: SOLSDE33XXX, IBAN: DE11342500000001336296 at the town savings bank of Solingen are performed in which we have transferred ours to all demands and have sold.

5. Default

If the principal of his bill of debt has not followed and with calculations in the default Dürholt is entitled to put further works, until the payment has occurred. After the second reminder the right reserves itself Dürholt to instruct a lawyer whose whole costs to the principal are charged.

IV. Impediments and interruptions

Dürholt always tries hard to conclude accepted orders in time and in time. Dürholt is not responsible for events which come about by higher power and chance of other kind like lockout and strike.

V. Guarantees

The principal has Dürholt concerning evident defects immediately to inform, at the latest however, within one week after order end. Dürholt commits itself defects which are to be answered by Dürholt to remove by finishing touches. The principal undertakes to give Dürholt the possibility to remove the defects. If the finishing touches miss, the principal is entitled to withdraw from the contract or to require a suitable lowering of the compensation.

VI. Responsibiltiy

1. Responsibility

Dürholt does not stick for possible damages which originate from the contractual service if not a coarse carelessness or a deliberate injury of the closed contract are given.

2. Insurance

Dürholt is insured with the following sums against the liability damages which can originate by the implementation of the service produced by us. 100,000.00 euros with property damages, 5 million euros with damages to property and 5 million euros with personal damages. Over these sums going demands, are not accepted by Dürholt.

VII. Enticement clause and contract punishment

The principal undertakes to omit from it, employees of the company Dürholt and other people by contract linked with Dürholt who are occupied within the scope of the order winding up with the achievement performance or production of a work to poach for own enterprise or third or to support enticement activities.

Timewise this omission obligation is valid for the whole term of the arrangement closed between the parties to a contract, as well as having a lasting effect till a year after ending of the contractual relationship.

Every indirect or immediate having an effect on an employee of the company Dürholt or other people by contract linked with Dürholt who have the grounds of a new employer-employee relationship or entering a contract of employment with the principal or a third to the aim is looked as an enticement

For every case of the offence a contract punishment is to be paid by the height of 30,000.00€.

VIII. Place of jurisdiction

The right of the Federal Republic of Germany is valid for these terms of business and the whole legal relations between Dürholt and the principal. Legal venue for all claims from or in connection with the legal relationship is the respective seat of the company Dürholt.

Should a regulation of these Terms and Conditions be ineffective or contain regulation gaps, are valid those juridically effective regulations than agrees on which the contracting partners would have agreed after the economic objectives of her legal respect and the purpose of these Terms and Conditions if they had known the ineffectiveness of the clause or the regulation gap.

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