Terms of Service

2.1 Service for Start of Operation
It is a precondition for the performance of services regarding start of operation by  M&C that a legally effective order is issued by the customer (hereinafter referred to as “Customer”) in writing and in due time, i.e. within Germany a minimum of three labour days and abroad a minimum of fourteen labour days before the actual travel date, as far as no special arrangements and preparation (like material procurement, vaccination, etc.) are necessary under the circumstances given. If the order is cancelled or postponed by the Customer, the costs incurred by M&C by that date (e.g. for flights, hotel bookings, etc.) shall be borne by the Customer. If the order is cancelled by the Customer, he shall in addition to the foregoing bear the planning and preparation costs at a rate of 20 per cent of the contract value. Customer shall have the right to prove that the cancellation has caused only losses to M&C lower than 20 per cent of the contract value.

2.2 Maintenance Services
The maintenance contract between Customer and M&C stipulates the regular maintenance of the equipment and/or components referred to. The maintenance intervals will be determined in agreement with the Customer and if necessary, adjusted from time to time. The detailed maintenance dates shall be agreed in due time according to the maintenance schedule. The minimum term of a contract is 12 months. The term of a contract will automatically be renewed for additional period of twelve months each unless it is cancelled prior to its minimum term or any further 12 months period with a notice period of 3 months. Extraordinary termination of a contract shall be possible only with our explicit consent in writing, save for immediate termination based upon important reasons that M&C is liable for. If the Customer terminates the contract without notice and without important reason that M&C is liable for, he shall nevertheless pay the agreed remumeration which is due until the the next available ordinary termination date minus costs that M&C saves as a consequence of further services not having to be provided.

6.1 Start of Operations Service
For the final mounting of M&C parts, the Customer must make sure that the assembly sites are safe and easily accessible, that cable ducts and other constructions for assembly are available and that the cables for power supply and signalisation are laid and routed. Other supplies like water, compressed air, sampling gas, waste water (condensate) must be installed and ready to use at the place of application.

6.2 Maintenance and Repair Works
The safe accessibility of the places of maintenance and assembly must be ensured by the Customer.

6.3 Other Services
Work protection equipment and special work clothing must be provided by the Customer if required under the actual working conditions. This shall not apply where and to the extent the services or portions thereof shall be performed at M&C’s site or at the site of a third party designated by M&C. It is also the responsibility of the Customer to make sure that the M&C personnel can start executing their work immediately after arrival.

8.1 After acceptance of the services rendered, M&C shall be liable for those defects/deficiencies of the services performed which destroy or diminish the value or suitability of the work results for normal use or use according to the contract, and which occur within a period of twelve months after acceptance. Such defects/deficiencies shall be remedied by M&C and all other warranty claims of Customer shall be excluded. The Customer has to notify M&C about defects or faults without delay. His right to claim that there is a fault or defect is subject to a limitation period of twelve months after notification. The period of warranty for defects will be extended for the duration of potential remediation of defects.

8.2 M&C shall not be liable for insignificant defects or defects due to circumstances attributable to the Customer (e.g. intervention of the Customer or activities of third parties not authorized by M&C).

8.3 Any modification or repair works carried out by the Customer or a third party on his behalf without prior approval of M&C will exclude the liability of M&C. Customer has the right to repair a defect or authorize third parties to repair it and to charge M&C with the occurring costs only in very urgent cases of endangerment of operational safety or to avoid unreasonably high damages. In such cases, or if M&C is behind the agreed schedule with the repair of defects M&C must be informed of such intention immediately. In any case the Customer is liable for his selection of third parties.

8.4 If M&C fails by its own fault to meet an adequate deadline set for the repair of defects, the Customer is entitled to claim a reduction of the invoice for M&C’S services. The Customer is entitled to rescind the contract after notification to M&C only if the works are verifiably without any technical and economical use for him even with the discount granted and provided the consequences can otherwise adequately be compensated. Any further claims shall be excluded.

8.5 Warranties granted by M&C do not include the quality and suitability of materials provided by Customer. They furthermore do not include those works of M&C personnel which were not included in the order confirmation of M&C.

8.6 Faulty work of personnel provided by the Customer is included in the M&C warranty only if Customer can show and prove that the faulty work is a result of wrongful instructions of M&C or of a breach of a duty of supervision by M&C.

10.1 Invoicing: The service works carried out by M&C will be invoiced following completion of the works. M&C invoices are due and payable immediately upon receipt without deductions.

10.2 Invoices will be based on the rates valid at the date shown on the order confirmation. If modifications of labour costs, social insurance contributions or working times should occur during the time the works are carried out, M&C is entitled to charge the Customer with the updated rates.

10.3 Unless otherwise agreed, costs like those for on‑site calibration and technical inspection by Technical Supervisory Associations shall be borned by the Customer.

10.4 VAT as established by law will be indicated separately on an invoice, unless applicable law allows or forces M&C not to charge VAT (i.e. shipment to a site outside Germany). In case of services performed abroad, the Customer will refund taxes and charges related to the service work performed.

10.5 Charge rates: For the assignment of M&C service personnel, M&C will charge the Customer with the rates valid at the date of conclusion of the contract, unless no flat-rate amounts and/or special billing rates have been agreed upon. The rates quoted or otherwise agreed are not of VAT. In case of charges for expenses according to receipts (e.g. accommodation costs) M&C will just charge net amounts (free of VAT).

12.1 Extra payment for difficult working conditions
According to the MTV (Federal Collective Pay Scale) for assembly workers, M&C will – if applicable - charge the Customer a surcharge on top of the hourly rates for difficult working conditions such as noise, dirty environment, exposure to fumes, mud etc. The surcharge for those working hours will be shown separately in the time sheet of the M&C personnel.

12.2 Expenses
The daily allowance will be calculated according to the current expense rates, which are recognised by the German tax office and/or – in cases of other travel expense accounting models – according to the tax-deductible invoices presented.

12.3 Accommodation
As regards accommodation, the Customer may suggest or book a good middle‑class hotel or guest house according to German standards. Otherwise, the M&C personnel will take care of their own adequate accommodation. The costs of the accommodation shall be borne by the Customer. If the price for accommodation exceeds the daily allowance according to the current expense rates, the Customer shall reimburse the additional costs. The M&C personnel shall document and, if necessary, justify such additional costs.

12.4 Travel costs
Travel costs will be calculated and invoiced on the basis of actual travel time and distance, i.e. both the kilometers travelled to and from the accommodation and the place of operation, according to the ‘Federal Collective Pay Scale for Assembly Workers’ (in German: BMTV ‘Bundesmontagetarifvertrag’) in Germany. M&C will inform the Customer separately about the current hourly and kilometre rates within its offer or upon request. The distances will be determined by the location of the plant where the service personnel comes from. If the service personnel approaches the site of operation completely or partially by railway, taxi or air plane, the expenses will be invoiced according to the respective receipts.  A daily allowance – if any - for travel between accommodation and operation site or parking fees will also be invoiced to the Customer. According to BMTV, the German service personnel is entitled to travel home to see the family after a period of four weeks stay at the operation site. Such costs shall also be charged to the Customer if the preconditions of such travel are fulfilled.