ID 442426.04
290
WE KEEP THINGS MOVING
Communication
14
Manual SD6
14.4.10 Terms and conditions for maintenance of the
6th STOBER generation of drive controllers
Version: 06/2013
1. Scope of application
1.1. The present maintenance terms shall apply exclusively to all
contractual relationships under which STÖBER
ANTRIEBSTECHNIK GmbH & Co. KG (hereinafter referred to as
supplier) carries out maintenance services on the SD6 drive
controller for other companies, legal entities under public law or
special funds under public law (hereinafter referred to as
"Customer"). Contradictory and supplementary terms of the
Customer shall not – other than with the prior written consent of
Stöber Antriebstechnik – form part of the Contract, even if the
supplier should undertake a contract or carry out services without
expressly contradicting such terms.
1.2. These General Terms and Conditions cover the maintenance
services for the SD6 drive controller offered by the supplier, such as
the provision of standardized software updates, remote maintenance
of the drive controllers by remote access, telephone support and
maintenance services on site.
1.3. Furthermore, the Terms of Sale and Delivery of the supplier shall
apply accordingly, whereby the maintenance terms shall take priority
in the event of contradictions between the two documents.
2. Conclusion of Contract, Written Form, Time of Performance
2.1. Quotations by the supplier are subject to confirmation and not binding
unless they have been expressly declared as a binding quotation.
Orders from the Customer may be made informally by e-mail, telefax
or telephone. The supplier can accept the orders from the Customer
within two (2) weeks. In case of doubt, the content of the order
confirmation by the supplier shall be binding for the Contract unless
the Customer has contradicted the content of the order confirmation
without delay.
2.2. All notices of termination, setting of deadlines and reminders by the
Customer shall require the written form for their validity. Contractual
guarantees and undertakings, in particular those going beyond the
scope of these General Terms and Conditions, shall require the
express and written confirmation of the supplier.
Deadlines and dates for fulfillment are not fixed dates unless they
have been expressly declared as fixed dates by the supplier in
writing. If the Customer sets deadlines or periods of grace for
fulfillment or subsequent fulfillment or for remedying a situation,
these deadlines or periods must be reasonable, at least 5 working
days. Should the fruitless expiry of a deadline or grace period result
in the dissolution of the contractual relationship or a reduction in the
price to be paid, this must be expressly threatened by the Customer
at the time of setting the deadline or grace period. The above
declarations shall require the written form for their validity.
3. Payment
3.1. The payment shall be dictated by the order confirmation. Should the
Parties agree on payment according to outlay, the outlay shall be
shown in the invoice or in a separate annex to the invoice. Should the
Customer not contradict the evidenced outlay in writing within two (2)
weeks, the Customer shall bear the burden of proof for the
incorrectness of the outlay. Additional services requested by the
Customer shall be invoiced on the basis of the supplier's price list. In
the absence of any other written agreement, the prices in the latest