Terms and Conditions
1. Terms of Payment
The terms of payment are specified in the offer.
2. Additional Services
Amendments, changes or additional services are checked by Lehmann and offered in the form of an addendum. Any resulting price or schedule changes to the main order will be communicated in the addendum offered by Lehmann. The execution requires a written order by the client.
3. Termination
If the contract or order is terminated by the Client, all costs, expenses and services incurred up to that date of the termination shall be reimbursed and paid to the contractor. Notice of termination must be submitted in written form.
4. Acceptance
The services provided by the contractor in accordance with the offer or order shall be deemed accepted
after signing the acceptance protocol or
after commencement of commercial use by the client, or
at the latest 14 days after the Contractor’s notification of readiness for acceptance has been given, unless the Client refuses acceptance with details of the defects in writing within this period.
5. Liability for defects
The period of liability for defects shall be 12 months from the date of acceptance.
6. Subcontractors
Lehmann may contract independent subcontractors. However, Lehmann remains directly liable to the Client.
7. Deadlines, Delay on the Part of the Client, Force Majeure
The deadlines specified in the respective project plan are binding. Delays due to non-delivery or delayed performance of cooperation services by the client shall result in postponements of the execution dates, which shall be agreed upon by the contracting parties.
Such delays do not lead to the delay of Lehmann Engineering GmbH; the resulting downtimes / waiting times will be charged to the Client on a time and material basis. If a contractually agreed date cannot be met by Lehmann Engineering GmbH due to force majeure (in particular strike, lockout, death or longer illness of Lehmann Engineering GmbH), all claims of the Client against Lehmann Engineering GmbH arising from this delay shall lapse.
The agreed dates and deadlines shall be extended accordingly. This regulation applies accordingly in the event of force majeure at subcontractors of Lehmann Engineering GmbH.
8. Employee Qualification / Right to issue Instructions
Lehmann Engineering GmbH can exchange deployed employees at any time. It decides on its own responsibility which employees to deploy, but will usually do so in consultation with the Client / project manager. Lehmann Engineering GmbH is responsible for planning the provision of services. Lehmann Engineering GmbH remains solely authorized to issue instructions to its employees even when they are working at the Client’s location.
9. General Principles for the Provision of Services
Lehmann Engineering GmbH will observe the client’s specifications (agreed in writing) and render the services professionally. Lehmann Engineering GmbH does not assume any guarantees. Information in brochures, project descriptions, documentations etc. are no guarantee promises.
10. Duties of the Client to Cooperate
The contractually stipulated duties to cooperate and provide shall be performed by the Client in a timely and complete manner wherever possible. The Client appoints an authorized representative who makes or brings about all necessary decisions which enable the immediate continuation of the work. In addition, the Client supports Lehmann Engineering GmbH beyond the contractually agreed scope, as far as this is necessary and reasonable. This also applies to the provision of qualified personnel to clarify organizational and technical questions.
11. Place of Performance
The place of performance is Osthofen or the principal’s place of business.
12. Liability
Lehmann Engineering GmbH is liable for damage to property and personal injury caused intentionally or through gross negligence in accordance with the statutory provisions. Liability in cases of slight negligence is excluded. Also excluded from liability are financial losses such as loss of data, loss of profit, loss of use, loss of savings and other indirect consequential damages.
13. Completeness
This offer contains all agreements between Lehmann and the client and represents the entire agreement concerning the subject matter of the offer. Additional agreements have not been made. Amendments and supplements to this offer must be made in writing.
14. Purchase Conditions of the Client / AGB
General terms and conditions as well as any purchasing conditions of the customer are excluded.
15. Applicable Law
This offer or its commissioning is subject in all its components to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
16. Place of Jurisdiction
The place of jurisdiction for disputes that may arise from this offer or from its commissioning is Worms.
17. Final Clause
Should any provision of this Agreement be or become invalid or void, in whole or in part, or become invalid or void in whole or in part, as a result of a change in the law or the supreme court’s decision or otherwise, or should this Agreement have any loopholes, the parties agree that the remaining provisions of this Agreement shall remain in full force and effect.
In this case, the contracting parties undertake, taking into account the principle of good faith, to replace the invalid provision with a valid provision which comes as close as possible to the meaning and purpose of the invalid provision and which can be assumed to have been agreed upon by the parties at the time of conclusion of the contract if they had known or foreseen the invalidity or nullity. The same shall apply if this contract should contain a gap.