Terms and conditions


Terms and conditions

OK — Rework GmbH
Olaf Kaczor
Im Glühmoor 26
28307 Bremen

1.  Liability
1.1 Orders shall only be executed by us on the basis of the following General Terms and Conditions (GTC). Any deviating provisions shall require the written form.

1.2 Any invalidity of individual provisions of these General Terms and Conditions shall not affect the validity and effectiveness of the remaining provisions.

2. Consideration
2.1 Our price quotations shall only become binding when we confirm the order in writing or by telephone. If a change in price occurs, each contracting party may demand that the price be revised by negotiation. Our prices are net prices per hour per person, unless otherwise agreed, and do not include travel costs to the place of work.

2.2 Our employees must be thoroughly instructed by the customer and all inspection/rework criteria relating to the order must be set down in writing. This is the only way to ensure proper order processing. (see 6.4.)

2.3 Subsequent changes to the work instructions are to be passed on exclusively to the head office.

3. Payment
3.1 Payment (net price plus applicable value added tax) shall be due within 14 days net cash from the date of invoice.

3.2 Discounts, rebates or similar deductions are not permitted without prior agreement.

3.3 Offsetting by the customer with disputed and not legally established claims against our contractual payment claims shall be excluded.

3.4 Our hourly rates apply to/from gatekeeper without deduction of breaks (see 5.4.).

4. Default of payment
4.1 Default shall be deemed to have occurred when the payment deadline is exceeded, without any further reminder being required on our part.

4.2 A significant deterioration in the financial circumstances of the Customer shall entitle us to demand immediate payment of all outstanding invoices, including those not yet due, as well as not to complete orders not yet executed and to discontinue further work on current orders. This also applies if the payment deadline is exceeded by more than double.

5. Delivery
5.1 We shall execute the customer’s order with due care and in the most reasonable manner. We assume liability only in case of intent or severe negligence.

5.2 If we are in default with our performance, we shall first be granted a reasonable period of grace. After expiry of the period of grace, the customer may withdraw from the contract. § Section 361 of the German Civil Code (BGB) shall remain unaffected. Claims for damages may only be asserted up to the amount of the order value.

5.3 Operational disruptions – both in our own company and in that of a supplier – in particular in the event of strike, lockdown, war, riot and all other cases of force majeure, shall not entitle us to terminate the contractual relationship.

The principles regarding the discontinuation of the basis of the contract shall remain unaffected.

5.4 Our employees are required to take a total break of no more than 45 minutes per 8-hour shift.

In case of infringement, please inform us accordingly.

6. Complaints
6.1 The Customer shall in any case check the contractual conformity of the services rendered.

6.2 Complaints are only admissible within 14 days after performance.

6.3 If the customer does not immediately give us the opportunity to convince ourselves of the defect and in particular if he does not immediately provide the defects complained of upon request, the claims for defects shall lapse.

6.4 If the customer does not provide us with clearly defined, written test or work instructions, there shall be no claim for warranty or damages of any kind.

6.5 In the event of justified complaints, we shall be obliged to remedy the defect to the exclusion of any other claims.

7. Safekeeping, insurance
7.1 Raw materials, semi-finished and finished products shall only be kept in safe custody by special agreement and only with special remuneration at the risk of the customer.

7.2 We shall only be liable for other items taken into custody if we fail to exercise due care.

7.3 If the items taken into custody are to be insured, the customer shall bear the insurance costs himself.

8. Copyright
8.1 The customer shall be solely liable if rights, in particular copyrights of third parties, are infringed by the execution of his order. The customer shall indemnify the Contractor against all claims of third parties due to such an infringement of rights.

9. Place of performance, place of jurisdiction
9.1 The place of performance and jurisdiction for all claims and legal disputes arising from the contractual relationship shall be the customers registered office.

Bremen, 10.08.2012