Service Terms and Conditions
General terms and conditions for JUMAG service contracts FSC
1. WORKING HOURS
1.1 Unless expressly agreed otherwise, all work under this Contract shall be performed Monday through Friday between the hours of 08:00 and 17:00.
1.2 If work is carried out outside the times specified in 1.1 at the request of the Client, any additional costs incurred (e.g. overtime surcharges and emergency service flat rates, etc.) shall be invoiced separately.
1.3 In the event of an impediment to performance on site for which the Contractor is not responsible, the Contractor may adjust or interrupt their services accordingly. In particular, but not conclusively, the lack of work safety at the site of operation, insufficient media supply and no possibility of shutting down the system without interrupting production are to be qualified as obstacles to performance. If these obstacles to performance are not eliminated within a reasonable waiting period that is appropriate for the Contractor, the performance of the service shall be deemed impossible and Clause 1.5 shall apply accordingly. The Client shall bear all additional costs incurred as a result.
1.4 When planning the assignments, the Contractor reserves the right to split services and carry them out at a different time.
1.5 If separate travel is required at the request of the Client, this additional expense will be invoiced separately.
1.6 If, after three attempts to arrange an appointment by the Contractor, it is only possible to arrange an individual appointment according to the Client's specifications, the Contractor reserves the right to invoice any travel costs incurred.
2. DUTIES OF THE CLIENT
2.1 The legal, official and trade association regulations for the operation of steam boilers must be observed. It must be ensured that owners, operators, instructed persons and users comply with them.
2.2 It must be ensured that in the event of malfunctions, the affected system is shut down immediately and the Contractor is notified. In the event of a hazardous condition, the hazardous area must also be adequately secured.
2.3 The Client is responsible for proper and accident-proof access to the system operating rooms and system components. In particular, the Client must provide safe ladders, scaffolding, etc. to enable safe access to the system components. System components are only checked if all the applicable rules and regulations for occupational health and safety are observed and provided by the Client to protect the JUMAG service employees and those commissioned by JUMAG. Work above a height of 3 m is excluded.
2.4 The Contractor's representatives shall always be granted unhindered access to facilities and shall be provided with any requested information about the facilities. Associated documents shall be made available for inspection.
2.5 Maintenance, troubleshooting and repairs (if individually agreed) may only be carried out by the Contractor or their representatives during the term of the contract. If such work is carried out by third parties without the consent of the Contractor, the Contractor shall not be liable for any defects resulting therefrom.
2.6 Equipment supplied by the Contractor and its technical processes and procedures are protected in many ways (in particular by patents, copyrights, etc.). Unauthorised use, in particular unauthorised disclosure to third parties, is strictly prohibited and will result in liability for damages.
2.7 If on-site troubleshooting has been expressly agreed, 1.) a telephone troubleshooting between JUMAG Telephone Support and the Client must have preceded it, and 2.) at a possible subsequent on-site appointment, the possibility of troubleshooting, in particular access to the system, the possibility of shutting down the system, working on the system and carrying out test runs, must be given. According to the instructions of JUMAG Telephone Support, the cleaning work specified in the system documentation or instructed by JUMAG Telephone Support (e.g. cleaning the floater of the water level control) must be carried out beforehand and the operating behaviour checked, possibly supported by telephone.
2.8 If If system components (measuring and control devices from the JUMAG scope of supply, JUMAG pressure reduction station, etc.) or components to be read in accordance with the purpose of use (water meters, gas volume counter, manometer, etc.) are installed at the installation site outside the range of vision of the steam boiler, the Client shall provide assistants if required and shall bear any costs incurred for this.
3. INVOICE AND PAYMENT
3.1 The price is calculated on the basis of the remuneration applicable in the Contractor's tariff area at the time of the contract offer. In the event of changes to the remuneration, travel costs, trigger rates and hardship allowances, the contract price shall be adjusted accordingly.
3.2. The Contractor shall be entitled to adjust the agreed price by the annual percentage change in the consumer price index of the Federal Statistical Office, available at destatis.de. Here, the year in which the contract was concluded is considered the base year. The adjustment is made on March 31st of the year following the year with the last calculation of the annual consumer price index, i.e. it is made on March 31st for the consumer price index determined by December 31st of the previous year. This adjustment may result in an increase or decrease of the agreed contract price in the amount of the change in the consumer price index.
3.3 If the consumer price index officially determined by the Federal Statistical Office has changed by more than 5% upwards or downwards in the base year since the conclusion of the contract or the date of the last adjustment, each contracting party may demand an appropriate adjustment of the monetary payment owed by means of a written declaration. The amount of the adjustment shall be at least half of the change in the consumer price index referred to in s.1 and shall in no case exceed the change therein. The adjustment may be requested at the earliest with effect from the first of the month following receipt of the adjustment request.
3.4. In the case of contracts including burner maintenance, invoicing to guarantee the Client's entitlement to any agreed "24/7 fault service" shall take place upon conclusion of the contract, or in advance at the beginning of each calendar year (usually in January). Payment of the invoice amount shall be made on the terms specified in the contract.
3.5 Insofar as the Client demands services that go beyond those contractually agreed, these shall be invoiced to the Client individually in accordance with the currently valid price list for JUMAG services according to the service provided.
4. DURATION OF CONTRACT, TERMINATION, INTERRUPTION
4.1 The contract comes into effect upon signing. The contract shall be concluded for a minimum term of 24 months and may be terminated at the end of the minimum term by giving three months' written notice to the other party at the end of each year (unless otherwise expressly agreed). If the warranty period is extended to 5 years, the Client and the Contractor have the option to adjust the contract term to the duration of the warranty period.
4.2 The Client undertakes to notify the Contractor immediately of any changes in use of the facilities and the building. Should such changes in use result in changes in the demands placed on the facilities, the Contractor may demand a corresponding adjustment of the contract or terminate it.
4.3 After technical modifications or conversions of the facilities, the Contractor may demand a corresponding adjustment of the contract or terminate it.
4.4 The right to extraordinary termination with good reason, in particular due to violations of the obligations set forth in Section 2.2 of these Terms and Conditions, shall remain unaffected.
4.5 If the facilities are shut down, the contract shall be suspended for the duration of the planned or agreed period. In order to maintain the technical operability of the facilities, standstill maintenance with a correspondingly adjusted interval and flat-rate price is recommended for the shutdown period.
4.6 The Contractor shall be notified of the shutdown in writing.
4.7 In the event of permanent shutdown or dismantling of the facilities, the contract shall automatically terminate at the end of the current calendar month in which the permanent shutdown or dismantling takes place, provided that the Contractor was informed by the Client in writing three months in advance.
4.8 The Contractor may terminate this contract extraordinarily by giving a written notice to the Client if the obligation under section 4.6 is violated.
5. WARRANTY
5.1 The limitation period for claims arising from this contract shall be determined in accordance with section VIII of the General Terms and Conditions of Jumag Dampferzeuger GmbH.
5.2. The warranty period according to clause VIII of the General Terms and Conditions of Jumag Dampferzeuger GmbH shall be extended to a total of 24 months when Jumag is commissioned with the maintenance of new systems, if a maintenance contract is concluded with Jumag within 10 weeks of delivery of the system to the customer.
If a maintenance contract is concluded with Jumag for the maintenance of new systems sold by Jumag within 10 weeks after delivery of the plant to the Client with a contract term of 5 years, the warranty period of section VIII of the General Terms and Conditions of Jumag Dampferzeuger GmbH shall be extended to a total of 5 years.
The beginning of the extended warranty period shall be governed by the provisions of section VIII of the General Terms and Conditions of Jumag Dampferzeuger GmbH.
The extended warranty obligation shall apply at most for the duration of the concluded service contract, i.e. if, for example, the contract is terminated by one party before the end of the agreed term, the warranty obligation shall end upon termination of the contract.
Shutdowns according to 4.6 are not taken into account when calculating the warranty period. The reasons for exclusion according to sections 5.3, 5.4, 5.5 and 5.6 apply to any extension of the warranty period.
5.3 The warranty extension shall not apply if the Client modifies the delivered system or has it modified by third parties without the consent of the Seller or Contractor and the rectification of defects is thereby rendered impossible or unreasonably difficult.
In any case, the Client shall bear the additional costs of remedying the defect caused by the change.
5.4 Parts subject to wear and tear, in particular rotating parts, machine moving parts, electronically driven parts as well as parts in contact with open fire are excluded from the extension of the warranty period.
5.5. The warranty period shall be reduced to the 12 months agreed upon according to section VIII of the General Terms and Conditions of Jumag Dampferzeuger GmbH if the Client operates or runs the system improperly, i.e. contrary to the operating and maintenance instructions prescribed in the manual [and the contracts concluded with Jumag].
5.6 The warranty extension does not apply to used equipment sold by Jumag. The warranty period of section 5.1 shall apply here.
6. LIABILITY
Section VII of the current General Terms and Conditions of Jumag Dampferzeuger GmbH shall apply.
In all other respects, the current General Terms and Conditions of Business of Jumag Dampferzeuger GmbH shall apply.
Subject to change without notice / as of: July 2021