1.1 Any repair work undertaken by us shall be subject to the General Terms and Conditions set forth herein to the extent no other agreements have been explicitly made. By Placenet of order you confirm your agreement with all the terms and conditions mentioned in our quotation, of which this document forms an integral part.
1.2 As far as the client’s general terms and conditions are inconsistent with ours, their application shall be subject to our explicit written approval.
2.1 We will undertake the professional handling of repair work assigned in relation to instruments that we have manufactured. Unless a different scope of work has been agreed upon in writing, the repair work covers the performance of services that are identified as necessary (a) On the basis of the details you provide us, (b) on the basis of our examination of the instrument to be repaired, and (c) during the course of the repair work.
2.2 If needed w e are entitled to engage third parties to carry out repair work.
3.1 Our remuneration for the repair work is calculated in accordance with sections 3.2 to 3.4 on basis of the individual services performed. Our rates applicable at the time of the repair will be charged.
3.2 Time worked will be rounded up to the next full hour and charged at the applicable rates for the instrument service, in accordance with the relevant class of equipment, plus setup and traveling time. Waiting times shall also count as time worked.
3.3 Any additional material required to complete the job will be invoiced separately. If during the repair work any missing parts such as screws, connectors etc., may be chargeable to a flat fee to simplify invoicing.
3.4 Shipping costs (packaging, transport and insurance) shall be borne by the customer . We may charge a flat fee for shipping costs.
3.5 Value-added tax at the statutory rate will be charged on our prices.
4. Terms of payment
4.1 Our invoices , upon submission are due for payment without any deductions as per payment terms mentioned in our quotation .
4.2 A ny form of changes that deviate the terms and conditions mentioned in our quotation will not be valid unless the same is agreed by us in writing.
4.3 We reserve the right to return repaired equipment only upon cash on delivery.
5. Cost estimates
5.1 The repair costs stated in cost estimates are guidelines estimated on the basis of the information you provide and following the preliminary examination of the instrument. We cannot guarantee the accuracy of the figures contained. If while repairing the instrument it becomes clear that more extensive repair work is necessary, we are authorized to complete the work without seeking confirmation from you, provided this does not cause the overall repair costs to exceed the estimated price by more than 15%. Otherwise we will inform you that we expect the cost estimate to be revised and will present a new estimate to you.
5.2 If on the basis of a cost estimate you decide not to proceed with the performance or continuation of the repair work, we are entitled to charge for the cost of preparing the cost estimate and for any services performed up to that point.
6. Repair times
6.1 We will start carrying out the repair you have assigned to us within a reasonable period. Unless a binding deadline has explicitly been agreed, completion deadlines of which you are notified are non-binding. We will carry out on-site repairs within a reasonable period within the framework of sensible to o ur planning for our service staff.
6.2 If the performance of our obligations is delayed or impeded by circumstances which cannot be prevented with reasonable care, in particular by force majeure, strikes, lockouts, stoppages, scarcity of materials and energy, incorrect or late delivery despite a careful choice of supplier, the period of the repair will be extended by the duration of the hindrance. If a party provides substantial evidence that it cannot reasonably accept such an extension, it is entitled to withdraw from the contract, without the right to any claims for damages, so far as the contract has not yet been fulfilled. Any further claims you may assert are excluded.
6.3 If you prove to us that you have suffered damages due to our delay in carrying out a repair, our obligation to pay compensation in case of slight delay will be limited to the amount of 1% of the present fiscal value of the instrument per completed calendar week only, but no more than 5% of the present fiscal value of the instrument. Any further claims for damages against us due to delay are excluded except in case of intent or gross negligence.
7. Transport, insurance and passage of risk
7.1 Unless we receive instructions to the contrary, we will choose the route and type of transportation for the return of repaired instruments. Transportation will be charged to the customer even if we use our own means of transport. The packaging required for transportation will be charged at cost.
7.2 We will insure the goods at your expense against normal transportation risks from door to door. You must notify the transport company, or, if we use our own means of transport, you must notify us immediately in writing of any transport damage.
7.3 The risk of damages to or loss of the repaired instrument passes to you as soon as the repaired instrument has left our factory or has been handed over to the transport company.
8. Duties of the customer to co-operate
8.1 You shall provide us with the instrument to carry out the repair work in the case of on-site repairs, at the agreed time and shall inform our service staff without their solicitation of problems that have occurred and of peculiarities with regards to the instrument to be repaired. You shall ensure that our service staff has free and unimpeded access.
8.2 According to circumstances, you shall provide electricity, water, compressed air and other necessary utilities, telephones, common rooms, a canteen, changing and washing facilities etc. We appropriate the support in the circumstances to enable prompt while performance of the repair.
8.3 Any special safety and plant regulations in force at your premises that must be observed by us during the repair works shall be clearly communicated to our service staff prior to commencement of our services . If any special instruction, training or applicable tests in connection with the above require a signific a nt amount of time, we reserve the right to make an additional charge on basis of time and expenditure.
9.1 Upon completion of the agreed repairs or services as per the scope in our quotation you are to accept the receipt of the same by signing the work completion letter or Delivery order and you are obliged to accept duly performed repair work immediately. You may not refuse acceptance on the grounds of insignificant defects which will affect the normal operation of the repaired equipment.
10.1 We will meet warranty obligations by remedying repair work free of charge and by repairing or replacing defective material free of charge if you demonstrate to us that a repair is defective or has not been carried out properly.
10.2 If the remedial work fails, you have the right to demand a price reduction or rescission of the repair contract.
10.3 If faults occur in a repaired instrument which are not caused by defective repair, i.e. in particular faults due to natural wear and tear, caused by improper handling or other outside influences, these will not be covered by the warranty.
10.4 If you assert warranty claims you must notify us of defects which have occurred immediately after they have been discovered and do everything in your power to minimize any damage caused by a defect.
10.5 The period of warranty shall be 3 months. The restart of the period of warranty shall be excluded except in cases of intent or gross negligence.
10.6 If the examination of a complaint in respect of a defect shows that the case does not fall under the warranty, the performance and invoicing of the examination and, where appropriate, elimination of the fault will be carried out under these Terms and Conditions for Repair Contracts at the current price.
11.Liability for damages
11.1 If you are unable to use the repaired instrument in conformity with the contract through our fault as a result of the omission or improper implementation of suggestions and advice given before or after the conclusion of the contract or through the infringement of other additional contractual obligations the terms of sections 10, 11.2, 11.3 and 11.4 will apply accordingly to the exclusion of any further claims of the customer.
11.2 We will not be liable for any loss or disruption of software installed in the repaired equiment or the main equipment on to which the repaired equiment is installed. It will be your responsibility to save the software prior to hand over of equipment to us for repair.
11. 3 We shall only be liable on any legal grounds whatsoever for damage which is not caused to the repaired instrument itself in the following cases: – intention ally , – gross negligence of our corporate bodies or corporate executives, – culpable infringement of life, body and health,
11. 4 In the event of the culpable violation of substantial contractual obligations (obligations the breach of which puts the fulfillment of the purpose of the contract at risk), we shall also be liable for ordinary negligence; however this liability shall in terms of the amount be limited to damage that could reasonably have been foreseen and that is typical for a contract of this nature.
11. 5 Any claims of the client going beyond the scope of sections 11.1 to 11.3 shall be excluded.
12. Final provisions
12.1 We point out that data relevant to the handling of the contract may be stored by us and p ossibly by companies associated with ECIS .
12.2 Subsidiary agreements, amendments and additions to repair contracts must be in writing in order to be effective. Any o ral agreements in this regard will be invalid.
12.3 The place of jurisdiction, provided that you are a businessman, a legal person under public law or a special fund under public law, shall be the place of business of the Electronic Control Industrial Services LLC ( ECIS ) using these General Terms and Conditions. However, we may also take legal action against you at your place of business.
12.4 Governing law shall be the law of UAE with the exclusion of the international conflict of law’s provisions thereof and with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.5 Should any of the clauses of these General Terms and Conditions for Repair Contracts be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.
12.6 Company/Partners/Individual or firm must collect the equiment within a period of 30 calender days from the date of notification to you of completion of repairs. Failure of which ECIS reserves the right to dispose off the equipment and claim any disposal charges , In such a case you – the Company/Partners/Individual or firm will not have any claim on the same .
13. Force Majeure
We will not be liable for any failure to perform our obligations as per this agreement where that failur results from any cause outside our reasonable control, including but not limited to acts of God, acts of war or terrorism, Pandemics, labour difficulties or civil unrest, natural disasters, calamities, disruption of power supply, shortage of supply of parts, breakdowns or interruption of computer or test equipments, actions of third parties. Notwithstanding the foregoing, in the event of such an occurence, each party agrees to make a good faith effort to perform its obligations hereunder.
14. Words and Phrases relavent to this document
“Customers Equipment “ means the equipment or material belonging to you, or for which you request us to provide services, specified in the Purchase Order.
“Purchase Order” means a written order for the provision of Services by us to you.
“Services” means the engineering and associated services relating to the Customers Equipment as set out in the proposal specified in the Purchase Order.
“ We”, “us” and “our” mean the ECIS providing Services for you.
“You” and “your” mean the person or company named in the Purchase Order to which we are providing Services.