General Terms and Conditions from 2013
Our offers and services exclusively occur under the following terms and conditions, even if not directly referred to in future business relations. With the placement of order or the claiming of our services, the customer agrees to these terms and conditions. General terms and conditions of the customer´s, even if known to us, that differ from, contravene or complement our terms and conditons shall not become components of the contract. Our offers are binding for a period of 8 weeks. Oral agreements require a written form in order to make it valid.
2. Prices and Terms of Payment
Our prices are minimum *) net prices and are subject to the legal rate of VAT. (German Sales Tax Law) *) i.e., the maximum cut length (2m per cut) in the offer determines the minimum prices per cut. Shorter crack control cuts do not entitle lower prices.
If a period of more than one year remains between the date of order and the end of the work and if our costs have increased (e.g. materials, supplied parts, wage- and transport costs, taxes), we reserve the right to price adjustements.
Approach and retract per week of installation or construction site are not included in the price. For every additional approach, caused by interruptions of construction by the customer, we charge an extra fee of 0.60 EUR per km. For cutting services provided on holidays or weekends, we charge a flat-rate of 600.00 EUR per day/person.
The customer commits to paying the invoiced amount within 30 days of receipt of the invoice and the due date. If payment is made within 14 days of the date of the invoice we shall grant a 3% early payment discount.
In case of default in payment by the customer, default interest in the amount of 8% above the base rate of the German Federal Bank shall be payable.
Offsetting/ compensation of claims by the customer shall only be possible against legally established claims or claims which we have accepted. Any withholding right shall be enforceable only on the basis of a counter-claim resulting from the same contractual relationship.
Overpayments by the customer are in his own responsibility. The customer is only entitled to a refund after due warning and is not entitled to charge an interest on the overpayments made.
3. Working Conditions
The accessibility of the concrete barrier for our operators is in the customer´s responsibility.
The customer has to provide the necessary construction site equipment (e.g. contruction site security) and to make sure the area of cutting is free from machines or other barriers that could affect the proper cutting of the concrete barriers. Our personell shall not cut if the job site is not accessable because of a high danger risk.
Delays in the work and its possible consequences (e.g. cracks because of late cutting) caused by
insufficient accessibility of the job site is in the customer´s responsibility.
The customer is in the duty to inform us, especially in the points stated below, so our personell can execute the work correctly and determine the right time to cut:
- the cut distance and/or the arrangement of the cuts of foundations, bridges or transitions
- special cuts ( e.g. on bridges). Those have to be clearly marked on the concrete barrier
- Paving rates of more than 600m (656 Yard) per 10 hours
- Number and location of the CSB-Products per paving day
- Start, time of paving
- Speed of paving and/or interruption of paving
- Temperature and weather conditions on-site
- Temperature of the concrete while pouring and if needed changes of the temperature
- Used cement and cement-content, aggregates and additives
- fluctuation of the concrete consistency while paving (e.g. too dry or too wet concrete in various sequences)
- Every addition to the concrete while paving (e.g.water or glass fibre)
- Other relevant occurences or changes
This information must be written down and kept by the customer and handed out to our personnell as well as submitted to our office. If the customer is not able to meet the information obligations, the correct execution of work and the right time to cut is in his responsibility, irrespective of default. Referring to this an inspection or claims of concern is not needed in our part. Our liability is excluded in this case.
Pre-built foundations, whose expansion joints serve as model for cuts in the CSB have to be cut correctly in a right angle. If not done so cracks can not be excluded. If a CSB is built on a foundation there will be no liability for possible cracks. If cracks occur it is in the customer´s responsibility to prove default on our part.
For sealing-works the customer has to guarantee an accessable job-site and clean joints.
Work at night, on Sundays and Public Holidays:
If subjects to authorization occur on the construction-site which have to be executed at night, on sundays or public holidays the customer is committed to obtain authorization by the police or other responsible authorities.If there is no obtained authorization for this construction-site existent, we shall immediately stop the process of working and will assume no liability for cracks.
Section 3: Duty of Cooperation by the Customer
The customer shall be obliged to cooperate in the cutting process by cutting relief cuts if the TfB Faber company cannot arrive on time because of unpredictable reasons to cut the CSB in time.
Unpredictable reasons could be:
- car accidents, work accidents of the TfB Faber GmbH
- sudden illness of one of our operators
- total closure of a highway, thus traffic jam. Our operator is not able to arrive at the construction site on time
With occurrence of such unpredicted events the TfB Faber GmbH shall be obliged to inform the responsible construction supervisor as quick as possible so the supervisor is able to organize and implement the neccessary measures to cut the CSB.
4. Liability and Warranty
Claims due to cracks are excluded, if the customer does not prove substantiatedly that the deficit is caused by the TfB Faber GmbH. The right time to cut is not in our responsibility (see section 3.2.) if the obligation to inform is missed by the customer. There is no liability for so called "crown cracks" form our part.
We do not assume liability for damaging or even cutting through the reinforcement of a CSB, if the reinforcement does not have the right position in the CSB. Furthermore there is no liability for cracks and spallings caused by surface cavities which result from poor compaction.
We do not assume any warranty for sealing processes that are requested to be done before the expiry of the deadline of at least 7 days.
Claims for compensation by the customer are generally excluded. Only for intent and gross negligence by our owner and supervisors as well as breach of major contractual obligations, a claim for compensation is possible.
In this case, liability is limited to contractually typical and reasonably foreseeable damage. Further claims are excluded. A right of termination of contract for the customer does not exist. Obvious defects shall be reported in writing within 7 days from the end of the working process by the customer or else warranty claims shall not be accepted.
For period keeping the punctual sending off is sufficient. The Customer shall bear the full burden of proof for all claims, in particular for the defect itself, the time of discovery of the defect and the timeliness of the complaint. In the event of a defect, the customer shall grant us a reasonable remedy period. If the customer requests compensation instead of performance or undertakes self-performance, a failure of the repair is only given after a second unsuccessful attempt.
5. Property Rights
The publication, copying or commercial use of corporate documents, photos, illustrations, technical documents, other media, equipment, machinery, patents and utility models of TfB Faber GmbH or of the Hans-Georg and Sylke Faber GbR without the express written permission is prohibited. At all relevant intellectual property rights and copyrights our property remains reserved.
6. Applicable law
These Terms of Business shall be governed by the laws of the Federal Republic of Germany
The UN Sales Conventions shall not apply. If the customer is a merchant/trader, legal entity under public law or a special estate under public law the exclusive legal venue for any dispute arising out of these Terms of Business shall be our business domicile. The same shall apply in the event that the customer does not have a general legal venue in Germany or the customer´s branch location, domicile or usual presence is not known at the time of bringing forth any legal action.
7. Severability Clause
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
TfB Faber “Technology for concrete products” GmbH
Telefon 06575- 959069
Telefax: 06575- 959059
Binsfeld, 01. Januar 2013