Terms of Service
General terms and conditions for the provision of services
Wind Check Poelmann, Am Herdicksbach 2, 45731 Waltrop
1. General. scope
The terms and conditions apply to all current and future business relationships with companies within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
Deviating or supplementary general terms and conditions, even if they are known, only become part of them if their validity is expressly agreed to.
2. Type and scope of the service
Agreements between the client and the contractor (Windcheck Poelmann) are binding if the client signs an offer / order containing these conditions. The same applies if the customer has received the written order confirmation before the start of the work or if a contract is concluded via the Internet.
The services are carried out as agreed in the offer / order. Order changes or extensions are only valid if they are specified in writing, or in exceptional cases verbally, by the persons authorized to do so. In the case of activities that are small in terms of the scope of work, at least 1 working hour is generally charged. The working hour is charged at 65€.
3. Acceptance and Warranty
In the case of recurring services, the work performed by the contractor shall be deemed to have been fulfilled and accepted in accordance with the order if the customer does not immediately raise justified objections in writing – at the latest when the item is used. The time, place, type and scope of the defect must be described precisely.
In the case of one-off work, the acceptance – if necessary also in sections – takes place no later than three days after written notification of completion by the contractor. If the customer does not comply with the request for acceptance, the work is deemed to have been accepted. If the contractor fails to attend an acceptance date, the work is deemed not to have been accepted.
If the client legitimately complains about defects in the contractually agreed service, the contractor is obliged to remedy the situation. No guarantee is assumed for defects and damage that can be traced back to the fact that the customer has not passed on important information about the type and nature of the materials and objects to the contractor. The same applies if the client does not take sufficient precautions for the accessibility or reachability of the areas or test objects to be processed.
If the defect cannot be remedied or another attempt at subsequent performance is unreasonable for the customer, the customer can demand a reduction in payment (reduction) instead of subsequent performance or terminate the contract. If the breach of contract is only minor, in particular if there are only minor defects, the customer is not entitled to the right of termination.
3.1 In the case of tests of articles that are related to PPE (personal protective equipment), if the test is positive, the article is marked "OK" (okay), so the article was in such a condition at the time of the test found. If, immediately after the inspection by the client or its user, improper use or damage to the item occurs, PSA-Check Poelmann assumes no liability for the item and the consequences arising from this.
Compensation for damages can only be demanded in the case of intent and gross negligence. The obligation to pay compensation is limited to the foreseeable damage that is typical for the contract. In the case of one-off services, the compensation for damages is limited to the amount of the agreed wages.
The warranty period is 12 months.
4. Binding periods
The prices specified in offers are subject to a binding period of 4 weeks. All prices quoted are net prices and do not include the applicable statutory value-added tax.
5. Security Retention
The client's right to withhold security deposits for the completion of the contractual services or any warranty claims is excluded.
6. Liability
The contractor is liable for damage that can be proven to be caused by the contractor within the framework of the business liability insurance he has taken out. At the request of the client, a specific proof of insurance is to be handed over to him. Liability shall not apply for damage that is not reported to the contractor immediately.
In the event of injury to life, body or health, the statutory provisions apply.
7. Delivery upon Sale
We accept no liability for deliveries made by a specific date. All shipments, including any returns, are at the risk of the buyer from the moment the ordered goods are handed over to the carrier by the seller. Shipping is always ex warehouse PSA-Check Poelmann in 45731 Waltrop.
The buyer bears the transport costs, unless otherwise agreed in writing. The shipments are generally insured by the seller against damage and loss within the framework of the carrier's terms and conditions.
If the buyer refuses to accept the goods, the seller is entitled to reimbursement of the costs incurred. The right of the seller to fulfill the purchase contract remains unaffected. The seller reserves the right to fulfill the orders in several partial deliveries and assumes no liability for the complete delivery of the ordered items.
8. Damages and Warranty at Sale
Transport damage must be reported immediately by the buyer to the carrier. If we receive a justified complaint in writing within 7 calendar days after delivery due to obviously faulty goods together with the product complained about, we will exchange it promptly and free of charge. In the case of a guarantee, the seller has the right to rectification. A warranty case occurs if the product complained about actually has a production defect and the warranty card and proof of purchase with the product complained about are submitted to the seller.
9. Withdrawal and return in case of sale
When canceling an order for which the seller is not responsible, or when canceling an order due to default in payment by the buyer, 20% of the original net order value will be charged. In addition, costs incurred (e.g. postage or shipping costs) will be charged. Unaccepted or undeliverable shipments are treated as withdrawal. Freight forward shipments are generally not accepted unless there is a written agreement on the process. The seller is not liable for errors that occur when accepting an order by telephone, nor for those that arise from illegible orders.
10. Retention of Title
By placing the order, the buyer assures that he has not taken an oath of disclosure and that no bankruptcy or bankruptcy proceedings have been opened against his assets or have been rejected for lack of assets. The insurance is given by placing the order. If we suffer damage from incorrect insurance in this regard, this will result in criminal consequences (criminal charges due to fraud). If the seller incurs an expense as a result of incorrect insurance in this regard, the buyer undertakes when placing the order to fully compensate the seller for this damage. When the order is placed, the buyer undertakes to notify the seller in writing of any change in his financial circumstances that may result in the buyer no longer being able to meet his obligations to the seller, immediately after they become known. All goods are sold by us subject to retention of title in accordance with § 455 BGB and remain our property until all claims, including future claims, to which we are entitled against the buyer have been settled.
11. Terms of Payment
Invoices are payable net without deductions within 14 days of receipt unless otherwise agreed. Unless otherwise agreed, discount deductions are not recognized.
Subsequent changes to an invoice requested by the recipient will be charged at € 25.00, provided the reason for the change cannot be traced back to an error on the part of Windcheck Poelmann.
If the payment deadline is exceeded, interest on arrears will be charged at a rate of 10% above the applicable base interest rate in accordance with Section 247 of the German Civil Code.
We reserve the right to assert further interest on arrears.
12. Jurisdiction
The place of jurisdiction is exclusively the registered office of the contractor (Waltrop/Recklinghausen).
13. Data Storage
It is pointed out that business-related data, insofar as this is permissible within the framework of the Federal Data Protection Act (§ 26 BDSG), is stored and managed in the EDP.
14. Partial Invalidity
If individual parts are ineffective, the validity of the remaining provisions shall remain. The invalid clause should be replaced by a provision that comes as close as possible to the intended purpose of the original provision, both legally and economically.
Status of these GTC: December 2016
