Terms and condition
for the secondment of assembly and service personnel

1. Start of contract 

The contract between the client and G & Z Montageservice GmbH (hereinafter referred to as G & Z) shall only come into force upon written confirmation of the order by the client, which may be sent by fax if the order is placed at short notice. 

1.1 Our terms and conditions of business shall become a legally binding part of the contract upon commencement of the contract performance without the client having to confirm this again in writing. 

1.2 Order confirmations to the contrary shall have no legal validity even without our express written objection.

2. Scheduling 

2.1 The start of the assignment must be announced by the client in good time so that all measures necessary for the execution of the order (personnel, material planning, forklifts, cranes, etc.) can be provided with the appropriate care. To this end, the order confirmation must be received by the client at least 8 days before the date of the assignment in the case of domestic assignments and at least 14 days before the date of the assignment in the case of international assignments. 

2.2 For order cancellations up to 2 days before the planned provision of services, G & Z shall charge 40% of the agreed or expected order value, regardless of the reason, unless the client proves that no damage has been incurred at all or that the damage is significantly lower than the flat rate. 

2.3 G & Z shall be entitled to refuse the travel of installation personnel and the commencement of services in the event of travel warnings issued by the German Foreign Office and/or if the safety of the personnel on the way to and at the installation site cannot be guaranteed. 

3. Activities and duties of our staff 

3.1 Our personnel will dismantle, pack, lift, load, transport, reassemble, align and maintain the machines after consultation with the client and, if the client so wishes, with the manufacturer of the respective machines. In addition, G & Z personnel may be deployed on request to assist with commissioning or production monitoring, but under no circumstances as machine operators or for responsible monitoring of the quality of the products. Commissioning can only be carried out by a specialised fitter from the machine manufacturer or customer and is not part of our scope of work. 

3.2 Our personnel shall only carry out tasks and activities that have been agreed and defined in detail between the client and G & Z in the order confirmation. Any additional activities shall only be carried out and invoiced separately following an offer from G & Z and written order confirmation by the client. 

3.3 For work on complex electronic, pneumatic and hydraulic units, an appropriate specialist fitter is generally required, who may have to be requested by the manufacturer and will be charged separately by G & Z. G & Z shall inform the client in good time of the need to call in a specialist fitter. 

3.4 Our personnel always observe the general safety regulations, which are supplemented in individual cases by the additional safety regulations on site, and which the client or a responsible person on site must inform us of before the start of the commissioned service. 

3.5 Our personnel are not authorized to make legally binding declarations on our behalf, in particular to award contracts to other companies operating at the same location.

4. Services and obligations of the client 

4.1 The client is responsible for ensuring that all necessary foundation and other building and steel construction work has been completed, that the machines are in a clean, degreased condition and that all operating materials have been drained before our personnel begin any work. Delays caused by the absence of one of these characteristics shall be borne by the client. Upon request, our personnel shall carry out the necessary cleaning work for a separate charge if the conditions set out in section 3.2 above are met. 

4.2 The client shall provide G & Z with the technical support required to carry out the work in good time at its own expense and risk and without charge, in particular by providing electrical power (400V 32A/16A 50 Hz and 240V 16A 50 Hz; connections according to German standards), sufficient lighting, compressed air, water as well as raw and auxiliary materials necessary for the respective execution of the order, assembly, testing and commissioning. 

4.3 All necessary piping work up to the connection points on the machines for water, compressed air, ventilation and all other operating materials required for operation must be carried out by the client, as must the routing of the electrical supply lines up to the control cabinets. Our personnel are not authorized to work on power supply lines (230 V and higher) to the control cabinets. We only connect the connections from the supply lines directly to the machine area. 

4.4 G & Z assumes no liability for the dimensioning and design of the supply lines and only uses the line connections provided by the client for the connection.

4.5 The client is obliged to ensure the safety of the workplace and compliance with safety regulations as well as appropriate working conditions. He shall provide our personnel with suitable recreation rooms with appropriate sanitary facilities free of charge. Furthermore, the client shall provide dry and lockable rooms for the storage of our materials and tools, which are subject to the client's insurance cover. This applies in particular to times when work has to be interrupted, regardless of the reason for the interruption, as well as for family trips home by our personnel. 

4.6 For work assignments abroad, the client shall provide a suitable interpreter free of charge if required. 

4.7 The client shall provide the listed services even if the services of our staff remain free of charge, regardless of the reason. 

4.8 The client or a person authorized by the client is obliged to confirm the work carried out by our personnel on the documents submitted, whereby legitimation is deemed to have been given by providing a signature.

5. Liability for defective services 

5.1 Unless otherwise stated in the following provisions, G & Z shall be liable for claims for damages and reimbursement of expenses, regardless of the legal grounds, in accordance with the statutory provisions. 

5.2 Liability for damages caused intentionally or through gross negligence by G & Z or one of its vicarious agents or legal representatives and for damages resulting from injury to life, limb or health shall be unlimited in amount. 

5.3 In all other cases, G & Z shall only be liable insofar as this involves the breach of a material obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the other contracting party could rely ("cardinal obligation"), but always only in the amount of the typical, foreseeable damage. 

5.4 In the case of clause 5.3, the contracting parties shall assume that the foreseeable damage typical of the contract for each individual case of damage does not exceed the order value. 

5.5 The client shall be responsible for regularly backing up its data. In the event of a loss of data for which G & Z is responsible, G & Z shall only be liable for the expenditure required to restore the data in the event of proper data backup by the client. 

5.6 G & Z shall be liable for the faultlessness of the assembly or disassembly carried out by it. We do not assume any warranty for the faultless functioning of the assembled machines and their parts, unless the faulty functioning is attributable to our assembly. 

5.7 Personnel provided by the client or the end customer must be appropriately equipped with work equipment in accordance with the regulations of the DGUV (German statutory accident insurance) or similar (comparable in each country) and must be instructed accordingly by the client. The client shall be responsible for the appropriate equipment, instruction and supervision. In this respect, G & Z shall not be liable for damages or injuries of any kind resulting from the fact that the personnel provided have not been equipped or instructed in accordance with the Occupational Safety Act, unless G & Z can be accused of intent or gross negligence in this respect. 

5.8 Any complaint about defective performance must be made in writing immediately, but at the latest within 7 calendar days, after the end or interruption of our performance obligation of more than 7 days, unless the defects are hidden. These must be reported in writing within 7 days of their occurrence. We reserve the right to check this complaint in person as part of our normal course of business. Defects demonstrably caused and accepted by us shall be rectified within four weeks, calculated from the availability of any necessary spare parts.

5.9 Liability claims shall become time-barred one year after the statutory commencement of the limitation period. This shall not apply in the event of intent or gross negligence or in the event of injury to life, limb or health. In these cases, the statutory limitation period shall apply. 

5.10 Liability under the Product Liability Act remains unaffected. 

5.11 Necessary assembly and transportation insurance shall be taken out separately by G & Z at the client's request and the insurance premium shall be charged to the client by G & Z. If the client does not wish G & Z to take out insurance, it undertakes to take out the insurance itself, whereby the interests of G & Z must also be insured. The client must provide proof of this before G & Z commences work; if this is not done, G & Z shall be entitled to refuse to commence work. In any case, if the client fails to take out insurance, G & Z shall not be liable to pay compensation for all damages incurred, unless they were caused by gross negligence or willful misconduct. 

5.12 G & Z accepts no liability for unavoidable events or natural disasters.

6. Transfer of Risk 

6.1 The risk shall pass to the client upon acceptance of the installation service; acceptance shall be deemed to have taken place if the client does not accept G & Z's service within a reasonable period set by G & Z. 

6.2 If services are provided within a company, we are not liable for the loss of parts of any kind; the risk remains with the client. The same shall apply to internal relocations, even if the locations are separated by public roads, paths and the like. However, this shall not apply if the loss is demonstrably attributable to G & Z and can be attributed to its intent or gross negligence. 

6.3 In the event of dismantling and loading for the purpose of transportation to another location, in particular to a new purchaser of machines, systems and parts, the risk of loss of these items shall pass to the client immediately upon completion of the loading work. This applies in particular to the provision and/or selection of the means of transportation by the client. 

6.4 In particular, we shall not be liable for the loss of machines, systems and parts due to theft and/or destruction before, during and after our services, unless G & Z is responsible for the loss.

7. Travel expenses and release 

7.1 In addition to the travel and transportation costs incurred (ferries, 1st class German Federal Railways from 200 km; for air travel, tourist class if possible, the next higher category from 10 hours flight time; for the use of cars: see applicable billing rate), we also charge all incidental costs incurred for visas, work permits, luggage and tool transportation, etc., whereby we reserve the right to choose the means of transport and/or transportation. The same applies to the choice of accommodation. 

7.2 The client shall provide us with all necessary information for foreign assignments. This includes in particular the timely provision of official letters of invitation and work permits if these are necessary for the work assignment in the respective countries. Furthermore, the client is responsible for ensuring that he or his local representative supports our personnel with all customs regulations and, if necessary, provides us with any necessary security free of charge.  

7.3 If necessary, the client shall assist our personnel in obtaining suitable accommodation (normal German standard). The selection decision shall be made by us. If our personnel use their own vehicle or a vehicle provided by us, the client shall pay the mileage allowance for this in accordance with the applicable billing rates. 

7.4 Travel time from the place of accommodation to the place of assignment and back is charged as normal working time. The kilometres driven will be charged at the applicable rate. 

7.5 In the case of assignments abroad, the client or its local contact is responsible for providing free transportation for our personnel and materials in the country.

8. Interruption of the assembly 

8.1 Waiting and/or downtimes for which the client is responsible or which are caused by force majeure, acts of war and/or natural disasters shall be charged in accordance with the present hourly rates; the same shall apply to additional travel expenses caused by these interruptions. In particular, we accept no liability for the timely availability of parts. The same applies to delayed or complete failure of transportation, irrespective of who commissioned the carrier.

8.2 In the case of work assignments that require our personnel to remain at a work location for more than 12 weeks, we reserve the right to replace the personnel. 

8.3 If an exchange is not possible, we grant our personnel family trips home of at least 3 consecutive days, depending on the location and duration of the assignment; in non-European countries, the duration of the family trip home is at least 5 consecutive days. Where possible, these family journeys home shall be coordinated in such a way as to ensure that work can progress. The costs for these trips home shall be borne by the client. 

8.4 Interruptions to the installation that are caused in accordance with sections 8.2 and 8.3 shall be recognized by the client; the client cannot derive any rights from this.

9. Completion of the work 

Our personnel must countersign the work confirmations and/or time sheets as soon as the work has been completed or, in special cases, interrupted. In the case of verification work, these time sheets must be countersigned no later than the last working day of the month; by signing them, the client recognizes the time sheets as correct. Upon completion of the work, acceptance must take place; the result of the acceptance must be recorded in writing and signed by G & Z and the client.

10. Taxes and duties 

The client shall bear all taxes, levies and duties incurred in connection with our work.

11. Terms of payment 

All invoices are payable in euros without deduction within the period stated on the invoice. After expiry of the deadline stated there, the client shall be in default without the need for a reminder. In any case, the client shall pay interest at a rate of 9% above the prime rate of the Deutsche Bundesbank if the payment deadline is exceeded. Retentions or set-offs are excluded, unless the set-off is made against an undisputed, legally established claim or a claim arising from the same contractual relationship. We are entitled to issue partial invoices in order to settle our services already rendered, without the existence of a partial acceptance.

12. Delays in payment 

If the client does not meet his payment obligations on time, we shall charge an expense of € 5.00 per correspondence (reminder) from the time the payment deadline is exceeded. In addition, interest shall be charged in accordance with clause 11. This shall not apply if the client proves that we have incurred no damage or less damage than the lump sum.

13. Other provisions 

13.1 Agreements deviating from G & Z's terms and conditions shall only be valid if they have been expressly confirmed by us in writing. 

13.2 All agreements and contracts are subject to the law of the Federal Republic of Germany. If the client is a merchant, a legal entity under public law or a special fund under public law, the courts responsible for the registered office of G & Z Montageservice GmbH shall have exclusive jurisdiction for disputes arising from agreements and contracts. 

13.3 Should one of these provisions be invalid or contain an inadmissible deadline provision or a loophole, this shall not affect the legal validity of the remaining provisions. Insofar as the invalidity does not result from a violation of §§ 305 ff. BGB (validity of general terms and conditions), the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intentions of the parties. The same applies in the event of a loophole. In the event of an invalid term, the legally permissible term shall apply. 

G&Z Montageservice GmbH 

Status 01.01.2025