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General Terms and Conditions of Business
of the

Firma ProCon automatic systemes GmbH & Co. KG

 

  1. Currently valid hourly rates for services

    Engineer: 125,00 Euro/Stunde

    Fitter: 75,00 Euro/Stunde

    - The hourly rates listed are net plus the currently applicable VAT.

    • For projects that require a longer period of time, a monthly interim invoice is issued. Otherwise, invoices shall be issued after completion of the project.

    • Remuneration shall be payable in accordance with the payment terms printed on the invoice.

    • The hourly rates listed above shall also be charged for travelling time.

    • Services on Saturdays, Sundays and public holidays shall be charged with a surcharge of

      Saturdays 50 % and Sundays and public holidays 100 % of the respective hourly rate.

  2. Travel costs

    • Flat rate per kilometre for travel by car

      km 0,75 Euro

    • The calculation is made from the headquarters of ProCon automatic systems GmbH & Co.KG, Mücke.

    • Travel abroad will be invoiced separately according to the actual costs incurred.

  3. Reimbursement of travel expenses

              The respective valid flat rates for travel expenses at home and abroad, as recognised by the tax office, shall be invoiced.

  4. Accommodation costs

    • The actual costs incurred will be invoiced to upper-class hotels with receipts or paid directly by the client.

  5. Other travel expenses

    • Any travel expenses incurred that are not included in the services listed above will be invoiced with receipts or paid directly by the client.

  6. Work results

    • All written and machine-readable work results created directly for the client belong - subject to the following provisions - to the client.

    • Ideas, concepts, knowledge and techniques based on the experience of ProCon automatic systems GmbH & Co.KG are not handed over to the customer in written form.

    • ProCon automatic systems GmbH & Co.KG is not prevented by this order from developments that are similar or comparable to work results handed over to the customer.

  7. Estimates, estimations

    • Estimates and estimates of expenditure are non-binding. The remuneration to be invoiced to the customer shall be based on the final scope of the services rendered.

       

    • A final calculation of the time required can only be made by us after a comprehensive project discussion and a precise definition of the scope of work.

    • The customer shall provide ProCon automatic systems GmbH & Co.KG with a binding specification after the final project discussion. If the preparation of the specifications is carried out by ProCon automatic systems GmbH & Co.KG, the work involved will be invoiced separately to the customer.

  8. Type of activity

    • ProCon automatic systems GmbH & Co.KG supports its customers in the project planning, programme creation and commissioning of the machines and systems.

    • ProCon automatic systems GmbH & Co.KG shall provide the customer with personnel for services to the extent specified in the order confirmation. ProCon automatic systems GmbH & Co.KG can perform the services on the customer's premises or on its own business premises. Third parties can be called in for the execution.

    • The customer retains the performance and responsibility for the activities to be performed. ProCon automatic systems GmbH & Co.KG does not assume any guarantee or liability for the result.

  9. Liability

    • ProCon automatic systems GmbH & Co.KG assumes liability for direct personal injury and property damage caused to the customer by gross negligence on the part of ProCon automatic systems GmbH & Co.KG.

      - ProCon automatic systems GmbH & Co.KG is not liable for the loss of recorded data.

    • Liability for loss of profit, for damages from third party claims against the customer as well as for other consequential damages is excluded, as well as for damages from support and consultation by ProCon automatic systems GmbH & Co.KG, insofar as ProCon automatic systems GmbH & Co.KG is not responsible for a grossly negligent breach of assumed contractual obligations.

    • The liability of ProCon automatic systems GmbH & Co.KG is - except in the case of gross negligence - limited to 50 % of the order sum.

  10. General provisions

  • This contract contains all agreements regarding the subject matter of the contract.

    Deviating agreements and arrangements must be in writing to be legally effective.

    in writing in order to be legally effective. Supplements and amendments must be expressly marked as such and signed by both parties.

  • Should individual agreements made in this contract be invalid, this shall not affect the validity of the rest of the contract.

  • The place of jurisdiction for all disputes arising from this contract is the officially competent area with the registered office of ProCon automatic systems GmbH & Co.KG in Mücke.

ProCon automatic systems GmbH & Co.KG