1. Division:
1.1. Goebel Instrumentelle Analytik GmbH (hereinafter referred to as "Goebel") offers servicing work and spare parts for analytical measuring instruments and also new instruments from certain manufacturers.
1.2. For existing systems from certain manufacturers Goebel offers service contracts, which include the provision of maintenance services and spare parts according to the below-mentioned conditions, (see sections 7 to 9).
2. Scope of services:
2.1. Repairs / maintenance services are carried out by Goebel personnel only for instruments of those manufacturers, where the personnel have been trained on their instruments.
2.2. The installation of new software or training on software packages from other manufacturers can only be carried out if a corresponding agreement between the software supplier and Goebel exists.
2.3. Paragraphs 2.1 and 2.2. also apply for maintenance services, which is carried out by persons commissioned by Goebel (external personnel).
3. Working hours:
3.1. Normal working hours are:
Monday to Friday from 8:00 to 17:00. For work carried out outside of the normal working hours a surcharge according to our current price list will be applied, if the work concerned was specifically requested by the customer and for which Goebel must not accept responsibility.
3.2. A verbal agreement is considered as a valid request for maintenance services, if this is recorded on the service report.
4. Guarantee:
4.1. For maintenance services and spare parts Goebel applies the legally defined guarantee periods.
4.2. Excluded from the guarantee are the instrument-specific consumables, which are subject to higher rates of wear depending on running times and the customer-specific application.
4.3. In the case of instrument-specific consumables and spare parts, which are exchanged by the customer or a from the customer assigned person, the guarantee will only be assumed if the parts have been installed under consideration of the instrument-specific installation procedures and the necessary care taken. Handling errors also invalidate the guarantee.
5. Invoicing and Pricing:
5.1. Our current price list for maintenance services and spare parts applies.
5.2. Changes to our price list can be made at any time without prior notification.
The current version of our price list can be requested at any time free-of-charge.
5.3. Invoicing is made based on the work performed and after delivery. Invoicing of partial deliveries is permitted.
5.4. The invoice calculation for maintenance services is based on the service report / work sheet.
5.5. Service reports / work sheets for local repairs must be signed by the person requesting the work or an assigned person, with the signature the person requesting the work or their assigned person confirms the work carried out.
5.6. Service reports and work sheets for in-house repairs are enclosed with the returned customer´s instrument and do not require a signature from the customer or an assigned person.
5.7. Cost estimates for repairs are not binding since a qualified estimate of the necessary scope of a repair can only be made locally with the instrument.
6. Payment conditions:
6.1. The payment conditions specified on the invoice apply.
6.2. Special agreements over payment conditions can be made individually and are valid until withdrawn.
6.3. Payment must be made via bank transfer to credit our account at the Kreissparkasse Ludwigshafen, bank code 545 501 20, account no.: 208090, IBAN: DE39 5455 0120 0000 2080 90, SWIFT-BIC: MALADE 51 LUH. Payments by cheque are possible by agreement. Payment by credit card cannot be accepted.
7. Service Agreements / Maintenance Contracts:
7.1.Scope of the agreement:
Goebel, within Germany, carries out the maintenance, testing, qualification and necessary repairs for the instruments defined in the maintenance contract.
7.2. The extent of the work to be carried out is defined by the contract type as are the intervals and the frequency of the maintenance.
7.3. The contract type is laid down in a separate document („Overview Maintenance Contract Types), which in its actual current version forms part of these terms and conditions.
8. Contract Charges:
8.1. The charges for maintenance contracts are calculated based on the type, age and the general condition of the instruments at contract begin.
8.2. A re-evaluation of the instruments with corresponding alignment of the contract charges is permitted, if a worsening of the general condition of the instruments under contract must be assumed based on maintenance services carried out or if excessive usage of the instruments through the application or method used by the customer is to be expected.
8.3. re-calculation of the contract charges as a result of increased prices for spare parts is permitted.
8.4. Every change, which affects the complete contract or also sections of it, must be notified prior to the end of the notice period and accepted by both parties.
8.5. All changes to existing contract must be in the written form.
8.6. The agreed contract charges are, unless agreed otherwise by contract, to be paid at the start of the contract period in advance.
9. Title:
9.1 All spare parts and consumables, which are not fitted into instruments and have been stored by Goebel with the instruments, remain the property of Goebel. Replaced modules / spare parts fitted as exchange parts become the property of Goebel and will be correctly disposed of or re-cycled.
10. Liability:
10.1. will repair any damage to the instruments caused by their own personnel or their sub-contracted agents.
10.2. In addition Goebel is liable to the customer for damage to persons caused by their own personnel or their sub-contracted agents up to maximum of 500,000.- € for each claim. In the case of damage to equipment this liability is limited to a maximum of 20,000.- €, any damages caused by losses of data or programs are excluded.
10.3. Further claims by the customer against Goebel or their subcontracted agents, especially claims for compensation of consequential damage – regardless of legal grounds – are excluded except in cases of malicious damage or gross negligence with compulsory legal liability.
11. Validity Period and Termination:
11.1. Unless otherwise agreed all maintenance contracts are agreed for a period of one year.
11.2. The maintenance contract becomes effective with the signature of both parties.
11.3. Normal notice can only be given for the end of the agreed term with a period of 3 months prior to the end of the term and only 12 months after the start of the agreement.
11.4. agreement can be terminated immediately without notice period if:
- Payment has been outstanding for more than 60 days.
- Additional effort becomes necessary because the instruments have been repaired or maintained by persons not assigned by Goebel.
- Changes initiated by the customer significantly impact the work to be carried out by Goebel. This applies to changes to which Goebel had not previously agreed.
- Instrument-specific environmental conditions are no longer maintained.
12. Place of jurisdiction for all disputes arising from the business relationship between both parties is Ludwigshafen / Rhein, Germany.
13. Miscellaneous Should any provision of these Terms and Conditions be found to be invalid then the validity of the remaining provisions shall remain unaffected and enforceable, in this case the statutory requirements apply. |
GERMAN
Goebel instrumentelle Analytik – Terms and Conditions