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Gasolution GmbH

General Terms and Conditions

of Gasolution GmbH for maintenance and service work

Section 1 – Scope

  1. These General Terms and Conditions apply to all contracts for maintenance and/or service work between Gasolution GmbH as contractor and the customer as client. They apply only where the client is a business operator within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law. Unless otherwise agreed, the version valid at the time the order is placed, or the version most recently communicated to the client in text form, shall also apply to future contracts of the same kind without our having to refer to it again in each individual case.
  2. Our General Terms and Conditions apply exclusively. Any terms of the client that deviate from, conflict with, or supplement ours become part of the contract only if and to the extent we have expressly agreed to their application. This requirement of consent applies in every case, including where the client refers to its own terms when placing an order and we do not expressly object.
  3. Individual agreements (e.g. framework supply agreements, quality assurance agreements, cooperation agreements) and the details in our order confirmation take precedence over these General Terms and Conditions.
  4. Legally significant declarations and notices from the client relating to the contract (e.g. setting a deadline, notice of defects, withdrawal or reduction) must be made in writing. "In writing" for the purposes of these terms includes written and text form (e.g. letter, email, fax). Statutory formal requirements and any further evidence required, particularly where there is doubt as to the identity of the party making the declaration, remain unaffected.
  5. References to the applicability of statutory provisions are for clarification only. The statutory provisions therefore apply even without such clarification, unless directly amended or expressly excluded in these General Terms and Conditions.

Section 2 – Conclusion and Content of the Contract

  1. The scope of the maintenance/service work owed is determined by the respective order relationship.
  2. Our offers are subject to change and non-binding, unless bindingness is expressly declared in writing.

Section 3 – Remuneration

  1. Payment for our services is due, without deduction, within 14 days of invoicing and delivery or acceptance. We are entitled at any time, including within an ongoing business relationship, to carry out services wholly or partly only against advance payment. We will declare any such reservation at the latest with the order confirmation.
  2. The client has rights of set-off or retention only to the extent that its claim has been finally established by a court or is undisputed. In the event of defects in our services, the client’s counter-rights remain unaffected.
  3. If, after conclusion of the contract, it becomes apparent (e.g. through a petition to open insolvency proceedings) that our claim to payment is jeopardised by the client’s inability to pay, we are entitled, in accordance with statutory provisions, to refuse performance and – where applicable after setting a deadline – to withdraw from the contract (Section 321 BGB). Statutory provisions on dispensing with the need to set a deadline remain unaffected.

Section 4 – Client Cooperation/Default of Acceptance

  1. If the client falls into default of acceptance, fails to perform an act of cooperation, or our performance is delayed for other reasons attributable to the client, we are entitled to claim compensation for the resulting damage, including any additional expenses.
  2. Unless otherwise agreed, the client shall provide us with the technical documentation required for the equipment to be serviced and any other documents needed to carry out the order.

Section 5 – Liability

  1. Unless otherwise stated in these General Terms and Conditions, including the provisions below, we are liable for breaches of contractual or non-contractual duties in accordance with statutory provisions.
  2. We are liable for damages – irrespective of the legal grounds – on the basis of fault, in cases of intent and gross negligence. In cases of simple negligence, and subject to statutory limitations of liability (e.g. care in one’s own affairs; minor breach of duty), we are liable only
    • a) for damages arising from injury to life, body or health;
    • b) for damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.
  3. The limitations of liability arising from paragraph 2 also apply in favour of third parties and in the event of breaches of duty by persons (including for their benefit) whose fault we are responsible for under statutory provisions.

Section 6 – Governing Law and Place of Jurisdiction

  1. These General Terms and Conditions and the contractual relationship between us and the client are governed by the law of the Federal Republic of Germany.
  2. If the client is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, our place of business in Unna shall be the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the client is a business operator within the meaning of Section 14 BGB. We are, however, in all cases also entitled to bring an action at the place of performance of the obligation or at the client’s general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.

This English page is a courtesy translation of the German General Terms and Conditions. In case of any discrepancy, the German version is legally binding.