Terms and Conditions of Service

1. Scope of services

Annual manufacturer service with the following scope:

  • General visual inspection
  • Inspection of the safety devices
  • Functional test with customer material
  • Technical inspection of the machine components
  • Calibration of the machine
  • Checking status of wear parts
  • Any additional items from the maintenance plan Special services:
  • Preparation and post-processing work for services at the machine
  • 10% special discount on all spare and wear parts
  • 5 hours of annual remote service included

2. Billing

The services are invoiced annually at the fixed price stated in the offer, plus statutory value-added tax.
All spare or wear parts to be used, as well as auxiliary and operating materials, shall be invoiced separately and are not included in the scope of the contract.
Repairs that go beyond the scope of the manufacturer's service will be charged separately and are not included in the scope of the contract. The amount is invoiced annually 15 days after the original or a new contract term begins and is due for payment without deduction within 8 days.
The service agreement is subject to an annual price increase of up to 3% per year.
If, at the end of a term, the supplier seeks to adjust the annual flat rate beyond the 3% for the new term, customer shall have a right to terminate the contract with immediate effect if customer notifies supplier of its intent to terminate within three weeks of notification of the above 3% adjustment. If customer does not notify supplier of its intent to terminate the contract in writing within 3 weeks after receiving notice of the greater than 3% adjustment, the new contract term will take effect with the above 3% adjusted price.

3. Contract duration

The contract is initially agreed for a period of 12 months. If the contract is not canceled in writing by either party 3 months prior to expiration of the initial or any subsequent 12 month term, it shall automatically be extended for an additional 12 month term.

4. Performance of manufacturer service

Service work is carried out within normal working hours from Monday to Friday. Any overtime, Sunday or holiday work requested by the
customer will be invoiced separately. For the duration of the preventive service, the supplier’s personnel must be able to freely dispose of the machine. In particular, the work to be performed must not be interrupted by production work of the customer. Waiting times resulting from production work will be invoiced separately.
The supplier must be allowed access to the machine during normal business hours in order to fulfill the service contract or, if an order has been placed, to repair damage or carry out repairs. The customer shall provide the supplier with any information requested concerning the machine to be serviced and shall make the relevant documents available. If the customer requests the work to be carried out outside normal business hours, the customer shall bear the additional expenses incurred in this connection.
The supplier has the right to transfer all its rights and obligations from this contract to a third party.

5. Obligations of the customer

The production planning has taken into account that the machine will not be available during the service visit.
The customer will provide an employee for service work.
The entire machine has been cleaned by the customer so that the start of the service work is not delayed by cleaning work.
The machine is freely accessible. No obstruction by material storage in the area of the machine.

6. General conditions, warranty, liability, limitation period

Supplier shall not be liable for any delayed performance unless supplier's grossly negligent acts were the sole cause of the delay. Furthermore, in no event shall either party be responsible or liable to the other party for any failure or delay in performance of its obligations hereunder arising out of or caused by force beyond its control, including, without limitation, delays resulting from weather conditions, fire, strikes, acts of terrorism, war, flood, regulations, rulings or acts of any governmental body or agency (including regulations related to the Covid-19), or any other cause beyond the control of the party affected by such cause.
All services provided herein carry a 1 year limited warranty in workmanship beginning the date the service is performed and excludes defects to the serviced machine caused by (i) normal wear and tear or environmental conditions, (ii) misuse, abuse, neglect, accidents, collision, fire, theft, freezing, vandalism, explosion or objects striking the serviced machine, (iii) customer altering, modifying the serviced machine or any of its parts, (iv) customer adding new components to the serviced machine, (v) defects caused by or induced by failures, breakdowns or damage by other machines at the same facility, or (vi) acts of God, natural disaster and other similar causes. As customer’s sole and exclusive remedy for supplier’s breach of this limited warranty, Supplier will re-perform the defective service at its own cost. This limited warranty is for the sole benefit of the customer and does not extend to the benefit of customer’s own customers or other third parties.

7. Miscellaneous

Changes/amendments to this contract must be made in writing and signed by both parties.
Supplier is not responsible for obtaining any permits or licenses to perform the services.
Customer may not offset any invoices due under this contract against any claims it might have against supplier.
The contract shall be governed by the laws of the State of Ohio. The state and federal courts for Cincinnati, Ohio shall have exclusive jurisdiction over any and all disputes arising from or in conjunction with this contract. Should individual provisions of this contract be or become invalid in full or in part, this shall not affect the validity of the rest of the contract. The invalid provision will be replaced by one which comes as close as possible to the intention of the contracting parties.