§ 1 Contradictory terms and conditions
The following terms and conditions apply for the provision of repair and service features of following companys:
RTS Elektronik Systeme GmbH
RTS Sömmerda Service GmbH & Co. KG
RTS Supply Chain Solutions GmbH & Co. KG
RTS Service Parts Logistics GmbH & Co. KG
RTS Service Solutions GmbH & Co. KG
Jetsam Service Management GmbH
In the successive only marked RTS
The following terms and conditions apply for the provision of repair and service features of RTS in accordance with the agreement entered between RTS and the customer.
General terms and conditions of the customer without the written consent of RTS are only an integral part of the contract if they do not contradict the present conditions, also if these are used at a later time.
General terms and conditions which contradict one another do not affect the validity of the agreement entered. Legal regulations apply for contradictory conditions.
§ 2 Costs, cost estimate
- Costs which are stated prior to the repair by RTS are non-binding.
If the repair can not be performed for this amount or if additional work is necessary - such as the assistance of a service partner / subcontractor of RTS -, the consent is required from the customer if the total costs are exceeded by more than 15 %.
- If a binding cost estimate is desired prior to performance of the repair, this is to be explicitly requested by the customer. Such a cost estimate is only binding if it is provided in writing and is explicitly characterized as binding and the order is placed by the customer within 4 weeks of issuing of the cost estimate. Services for providing a cost estimate will be invoiced to the customer upon agreement. The services for providing the cost estimate are not invoiced to the customer if they can be realized in the performance of the repair.
§ 3 Range of services/repairs not performed
- The repair costs listed in the cost information include the repair (work time, replacement parts), the cleaning, function test and the guarantee.
- All units, components and parts to be repaired must be in a repairable condition (complete and undamaged).
- RTS has the right to perform the repair of defective components and parts by exchanging them with parts with the same function.
- If the repair cannot be performed / completed due to reasons that RTS are not responsible for, RTS has the right to invoice the costs which have arisen and can be proven (time searching for defect is work time) in the form of a processing fee. Reasons for a repair which cannot be performed are present if:
- the error did not occur during the inspection;
- replacement parts cannot be acquired;
- parts and components are so damaged that a repair is not possible;
- the customer did not comply with the arranged appointment;
- the contract was cancelled during the process.
- The object to be repaired must only be returned to the original condition upon explicit request from the customer and with an according fee unless the work performed was not necessary.
§ 4 Price and payment
- Decisive for the price is the RTS price information which applies at the time of the order. The payment is to be made in the full amount immediately after receipt of the invoice. The VAT is additionally calculated at the legal amount that applies and invoiced to the customer.
- Non-payment or a reduction of the cost due to claims of the customer is only then allowed if these claims are undisputed or are legally determined and the counter-claims in the case of a non-payment are based on the same contract conditions.
- Late payments are subject to an interest of 8% above the interest rate. The realization of further damages due to delays remains unaffected. In this case, the customer reserves the right to proof that RTS was subject to no or very little damage as a result of the delay of payment.
§ 5 Transport and insurance during repairs in the plant of RTS
- Unless otherwise agreed upon in writing, the transportation of the object to be repaired, as requested by the customer, including shipping and handling, will be listed on the invoice, otherwise the object to be repaired will be delivered to RTS and retrieved again upon completion of the repairs by RTS by the customer at his own expense.
- Articles to be repaired which are transported with providers (UPS, German Parcel, Deutsche Post or other) are to be insured according to their regulations. Further insurance protection can be requested by the customer for the return transport of the product from RTS. The costs are transferred to the customer.
- RTS is responsible for units that are sent in, delivered or picked up as soon as these units reach RTS.
- Upon pick-up or return of the units, the responsibility is transferred to the customer upon release. In shipping with providers, the responsibility is transferred to the customer when the unit is delivered to the customer.
- If the customer does not specify the return delivery, RTS carefully chooses the method of shipping and the provider.
- To avoid transport damages, RTS reserves the right to replace damaged or unusable containers with new ones. The customer is responsible for the costs of the new container and the packaging.
- Claims upon delivery concerning completeness and transport damages are to be reported to the provider and/or RTS without delay. A claim must be made in writing.
§ 6 Deadline for repair
- The information concerning the deadlines for repair is based on estimations and is therefore not binding.
- The processing time for general repairs is normally five working days after receipt, or after approval of the cost estimate.
- The processing time can increase significantly if the replacement parts which are necessary for the repair are not available.
- If the repair is delayed due to reasons in the scope of labor disputes, in particular strikes and lock-outs, as well as the occurrence of conditions which RTS is not responsible for, then a suitable extension of the deadline for repair takes place unless such hindrances have no significant influence on the completion of the repair.
§ 7 Approval
- A formal approval only occurs if this is agreed upon in writing.
- The approval is considered complete as soon as the customer has accepted the unit.
§ 8 Right of lien from RTS and neglected pick-up, Reservation of title
- RTS reserves the right of lien on the units due to the performed services, which come into the possession of RTS in the scope of the order.
- If the customer does not acquire the unit sent to them by cash on delivery after performance of service, also not after receiving a further request, or if the customer does not pick up the unit within 4 weeks after the second request, RTS can charge the customer a suitable storage fee after expiration of the deadline.
- In the unit has not been picked up 3 months after the second request, RTS is not obligated to longer storage and is released from all responsibility, also for negligent damage or loss. After this 3 month deadline, RTS is able to provide the customer with a threat of a single tender action. Four weeks after sending of this threat, RTS may sell the unit to cover the service costs of the customer. If a higher amount is reached than the repair costs, the customer is to be paid out.
- RTS reserves the right of title on all used accessories, replacement parts and exchange equipment up to receipt of all payments from the repair agreement, independent of further agreements. In case of a combination, RTS is entitled to an ownership portion of the unit to be repaired to the amount of the value of the repair services.
§ 9 Deficiency claims
- Work deficiencies which are proven to be due to defects of the material used or are due to incorrect work are to be resolved according to the following regulations:
- RTS must be informed of deficiencies in writing without delay; recognizable deficiencies are to be reported within 14 days of receipt in the own company; should a test operation be agreed upon, after test operation without deficiencies.
- Deficiency claims expire one year after acceptance; this does not apply to the extent that the law according to §§ 438 I No. 2 and 634 a I No. 2 BGB prescribes longer deadlines. The limitation begins with the acceptance in the own company; should a test operation be agreed upon, after test operation without deficiencies. If there is a delay of more than 14 days due to reasons which RTS is not responsible for, the acceptance in the own company or the termination of the test operation agreed upon, the deficiency claims are reduced by the duration of the delay.
- The customer is to provide RTS with the necessary time and the opportunity for supplementary performance. Should the customer refuse, RTS is released from the supplementary performance.
- Should RTS allow a suitable deadline for supplementary performance expire, without rectifying the deficiency, the supplementary performance is refused or does not lead to rectification of the deficiency and the customer cannot be expected to perform a further rectification, the customer has the right to reduce the payment upon explanation to RTS; as long as it does not concern construction services, the customer can step back from the contract instead of reducing it.
- The claims of deficiency expire if the object of the work has suffered due to incorrect treatment or storage or if alterations or repairs were performed without the written consent of RTS and the alterations or repairs led to the deficiency. Claims of deficiency do not exist if the deficiency is due to wear.
- The parts replaced in the fulfilling of these claims of deficiency become property of RTS upon de-installation unless otherwise agreed upon.
- RTS is responsible for the supplementary performance to the same extent as for the original work until the expiration of the limitation deadline of the deficiency claims for the original work.
- RTS is only responsible for incorrect work performed by personnel provided by the customer if RTS provided incorrect instructions or neglected supervision.
- Further claims of the customer towards RTS due to deficient work is excluded, especially claims for replacement due to secondary damages such as loss of production and use as well as loss of profit. This does not apply to personal damages or damages to privately used items in accordance with the Product Liability Act or in cases of intent, gross negligence or the violation of significant contractual obligations unless liability is compulsory. Customer claims of damages, which occurred to the object of work itself, are based on § 12 of these regulations.
§ 10 Liability
- Should there be no regulations other than these general terms and regulations, RTS is liable for the violation of contractual and extra contractual obligations according to the legal regulations.
- RTS is liable for compensation - independent of legal reason - in the case of intent and gross negligence.
In the case of slight negligence, RTS is only liable for
- damages from the injury of life, the body or the health,
- for damages due to the injury of a significant contractual obligation; in this case, the liability of RTS is however limited to the replacement of the predictable, typical damages.
- The liability limitations of 2. do not apply if RTS intentionally conceals a deficiency or has taken over a guarantee of quality. This also applies for customer claims according to the Product Liability Act as well as for claims of damages due to impossibility and delay due to the injury of cardinal obligations.
- If the customer is entitled to claims of compensation according to § 12, these expire with the limitation deadline for claims of deficiency in accordance with § 11 1.b). In supplier recourse, in case of fraudulent intent and in the cases defined in § 12 number 2, as well as for claims according to the Product Liability Act, only the legal limitation deadline regulations apply.
- To the extent that the liability for compensation of RTS is exempt or limited, this also applies in view of the personal liability of compensation of the employees, workers, representatives and helpers of RTS.
§ 11 Currency
Payments are to be made in Euro.
§ 12 Jurisdiction
Jurisdiction for contracts with merchants, legal persons of public law or public assets is the court responsible for the main office of RTS in Schrobenhausen. RTS also reserves the right to take legal action at the main location or at the location of a branch office of the customer for which repair work was performed.
§ 13 Applicable law / other
- For the contract as well as the entire conclusion, the law of the Federal Republic of Germany solely applies.
- Should these regulations become completely or partially invalid, the remainder of the contract remains valid.
Should individual regulations become invalid, the contents of the contract are based on the legal regulations.