General service conditions

1. Definition of terms

Within the meaning of the general service conditions:

1.1 ˝you˝ or the ˝consignee˝: the customer of Rosenbauer d.o.o.

1.2. ˝we˝ or the ˝service provider˝: the company Rosenbauer d.o.o.

1.3. ˝servicing˝: repair or maintenance works of the service provider. These general service conditions are valid for all repairs and maintenance works of the service provider except for the servicing of delivered machines and parts based on the existing obligations from the warranty. The service provider does not acknowledge eventual contradicting or deviating conditions of the consignee, even partially, except if the validity of such conditions of the consignee was especially agreed.

2.The content of the general service conditions

2.1. The servicing by the service provider will be performed only based on an order issued by the consignee. The execution of the order will be performed according to an agreement or else in the frame of time and staff capabilities of the service provider.

2.2. The contract about the execution of the service is valid – except in cases described in article 2.3 – after a written confirmation (by post, telefax or Email) by the consignee.

2.3. The service provider preserves the right to perform the service also without a written order confirmation. In this case the start of the service works substitutes the order confirmation.

2.4. The servicing is executed during the working hours of the of the service provider (Monday to Thursday from 7:30-16:00 and Friday 7:30-14:00). According to the request of the consignee the servicing can also be executed over and outside the working hours of the service provider where additional costs according to article 4.3 of these general service conditions will be charged.

2.5. We preserve the right to execute the service via our authorized service providers.

2.6. If possible the servicing will be executed at the location of the consignee. If this is not possible, the servicing will be executed at the location of the service provider or authorized service providers according to article 2.5 of these general service conditions. For the execution of the service also other suitable locations (for example services for cargo vehicles) can be determined. If the servicing is executed on the location of the service provider, the consignee sends the devices or their parts for the service to the service provider at his own costs and carries the responsibility for eventual damages and destruction, the same applies for the sending of the machines and their parts back to the consignee. If the servicing is executed on the location of the consignee, the latter is obliged to compensate the transport and travel expenses.

2.7. If the consignee at the execution of the service wants to service also other or additional machines/devices which are not included in the service contract, this must be agreed with the management of the service provider and an suitable order must be issued. The staff/personnel of the service provider is not entitled to provide any explanations or statements which would be legally binding for the service provider. The binding agreements can be accepted only by the management of the service provider.

2.8. The order for the servicing of the scope – for vehicles and devices – also an authorization for the execution of urgent or expedient test operations or test drives and start-ups.

3. Costs

In any case the service costs are covered by the consignee regardless of the possibility or the right to overturn those costs onto a third person.

4. Expenses / Travel expenses / Payment

4.1. The statement of travel time and travel expenses from the location of the consignee to the location of the servicing and back is issued via support centers of the service provider except when a lump sum for the covering of these expenses was agreed.

4.2. For the servicing from our side our pricelists which can be found on location of the service provide, are valid. The pricelists do not include legally determined taxes.

4.3. For works outside or working hours according to article 2.4 of these general service conditions we charge the following supplements to the net prices in the pricelists: Monday to Friday, overtime or outside the working hours: +25% supplement Saturdays: +50% supplement Sundays and holydays: +100% supplement

4.4. The payment of our services must be made within 30 days from the receipt of the invoice.

4.5. A set-off of claims of the consignee toward the service provider is possible only in case if the service provider is insolvent or in case when the claim of the consignee toward the service provider, which suits the legal setoff conditions, is acknowledged with a judicial decision or by the service provider.

5. Calculation / Cancellation

5.1. At the closure of the contract the consignee sets the upper cost limit to the service provider (net amount). If the servicing with costs set in this way is not realizable or when it shows that the execution of additional works or the delivery of additional materials or parts is necessary, the costs of the service provider can exceed the set upper limit by 15% without the need for the consignee’s consent. If it shows that, with regard to the professional standards, the costs of the service provider in such case could be more than 15% higher than the set upper limit, the consignee must give his consent. If the consignee does not give his view within one week it counts that such expected costs are confirmed from his side.

5.2. Upon a request of the consignee we can provide a written and binding calculation of the anticipated service costs, which is free of charge unless it was agreed otherwise.

5.3. The cancellation of the accepted order must be given in writing. For the costs of the cancellation and the termination article 8 of these general service conditions applies.

6. Cooperation of the consignee

6.1. The consignee guarantees that the servicing on his or another agreed location can be started as soon as the authorized personnel of the service provider arrives on the location and that the servicing will end without delays. The consignee also guarantees for the undisturbed and safe access to the machines or devices on which the service will be carried out. The working conditions of the authorized personnel must be organized in a way that all valid regulations will be considered and respected, especially the safety and health regulations.

6.2. For the execution of the service the consignee is obliged to have and provide all required technical equipment as well as all auxiliary and operation materials.

6.3. The consignee is obliged to have the required technical personnel for the correct operation of his technical equipment and devices at his disposal.

6.4. If necessary the consignee must also provide a suitable interpreter.

6.5. All obligations of the consignee about the cooperation at the servicing according to these conditions must be provided free of charge. In case the consignee does not fulfil these obligations, the service provider is entitled, but not in any case obliged, to fulfil these obligations by himself on his location at the costs of the consignee or after setting a suitable additional term to the consignee for the fulfilment of these obligations, withdraw from the service contract if the consignee does not fulfil the obligations in the set additional term.

 

7. Interruption of the service

7.1. The servicing will be executed without interruptions. If this, because of reasons which are not on the side of the service provider or his authorized personnel, is not possible, the eventual costs, especially additional time and travel costs to the location of the consignee and back to the location of the servicing, must be covered by the consignee. This also applies if spare parts which are urgently required for the execution of the service without interruptions must be delivered. In such cases the service provider will do his best that after the reimbursement of expenses originated in this way, he will finish the service in the shortest possible time.

7.2. The service provider is entitled to shortly interrupt the service at the consignee’s if the provided authorized personnel of the service provider must urgently move to another consignee (for example because of an critical, immediate elimination of operational faults for another customer). The rise of the costs originated because of such interruption is carried by the service provider, where compensation claims by the consignee because of the interruption of the service are excluded. The interruption must be limited to the shortest time possible.

7.3. If the servicing is prolonged because of working disputes measures, strike or closure and also because of any circumstances for which the service provider is not responsible, an advanced consent of the consignee for a suitable prolongation of the service time is needed, where compensation claims by the consignee because of the prolongation of the service time are excluded.

8. Withdrawal from the contract

If the consignee withdraws from the service contract, the service provider is entitled to an agreed compensation. Upon the request by the consignee the compensation claim can be lowered for the saved costs of the service provider because of the failed service.

9. Reservation of title and the right of retention

9.1. Until the full payment all delivered and installed parts or goods remain in the property of the service provider. If the parts or goods (things) because of the installation unite with the subject of the service, the service provider gains the right to a joint ownership on the subject of the service in the height of the value of the executed service.

9.2. The service provider has for all his claims originating from the service contract, especially for the compensation for urgent and useful interventions and for the caused damage by the consignee, a retention right for on the subject of the service.

10. Warranty and guarantees

10.1. The warranty period for the performed service is 12 months from the handover/takeover of the performed servicing. Eventual reclamations because of errors in the service process the consignee must send in writing to the service provider immediately or latest three days after the handover/takeover of the performed servicing. Otherwise the consignee losses the warranty rights, the rights from errors and rights arising of the eventual originated damages, including the claims for the indirect damages. For every other claim the provisions of the Obligation code with regard to the responsibility of the fulfilment are valid.

10.2. In case of legitimate reclamation the service provider guarantees for the correction of service errors. Eventual other warranty rights and guarantees are at the disposal of the consignee only when the correction of the service errors is unsuccessful.

10.3. The service provider guarantees for the claims arising from the originated damages only in case of a proven intent or serious negligence. The latter does not apply for the non-material damage. For indirect damage, especially for the lost profit and damages at third persons, any responsibility of the service provider is excluded, the same also applies for eventual claims according to the Consumer Protection Act.

11. Handover / Takeover

11.1. After the finished service the consignee must immediately check the correctness of the execution of the service.

11.2. The personnel of the service provider must present evidence about travel and working hours and originated expenses to the consignee to sign. With the signing of these evidence the consignee irrevocably confirms the time course of the service in accordance with the contract. The handover / takeover of the service is connected with the signing of these evidence or with the handover or dispatch of the subject of the service to the consignee, in any case the handover / takeover of the servicing is concluded/finished with the repeated start-up or the use of the subject of the service.

11.3. With the declination of the signing of evidence from the previous article the consignee cannot prevent the handover / takeover. If there is a delay at the handover of the subject of the service which is not caused by the service provider or its personnel, it is counted that the handover of the subject of the service – insofar the handover did not occur in accordance with article 11.2 – is done within 14 days after the notification about the finished service by our personnel. As the notification counts the sending a copy of the filled out order about the performed service with entered travel and working hours and originated expenses. The same applies if at the departure of the personnel of the service provider there is no suitable signatory for the consignee.

12. Danger and transport

12.1. For the transport of the subject of the service the consignee is responsible, who is also responsible for danger of the damages and destruction of the subject of the service during the transport.

12.2. In case the consignee is notified about the finished service and if in case of an agreed takeover of the subject of the service he is late for the agreed term of the takeover, the danger of damage or destruction of the subject of the service is transferred onto the consignee. In such case the service provider can charge the consignee a suitable amount for the storage.

12.3. In case that the service provider takes over the transport, the transport is carried out at the expense and risk of the consignee.

13. Used parts

13.1. The service provider must store the replaced parts until the conclusion of the service, but in any case until the start-up of the subject of the service. The consignee can request their delivery until the agreed service completion date or in case of shortage of latter until the agreement of the conclusion of the service. Without an explicit different will of the consignee, which must be given the latest until the mentioned moment, the service provider can discard them.

13.2. Urgent expenses for the supply of the subject of the service are carried by the consignee.

14. Additional agreements

Additional oral agreements about the service contract and the general service conditions are invalid. Changing or supplementing of these conditions is possible only with a written agreement.

15. Severability clause

If it already is or any of the provisions of these general service conditions will be null and void, this does not affect the validity of other provisions. Instead of this provision the provision is valid, the effect of which is the nearest to the business goals of both contractual parties.

16. Communication

Written communication with the service provider must take place exclusively in the form of letters, via telefax or Email, and must be addressed to the respective management of the service provider: Rosenbauer d.o.o. Ljutomerska cesta 6 9250 Gornja Radgona Tel.: +386 2 564-28-50 Fax.: +386 2 564-28-64 Email: vodstvo@rosenbauer.com

17. Jurisdiction of the courts and use of law

17.1. For all legal relationships between the consignee and the service provider exclusively Slovenian law is used, the use of the provisions of the Vienna convention (a contract about international sales of goods, CISG) or collision norms is excluded.

17.2. In case of a dispute the court at the location of the place of business of the service provider has the local jurisdiction. The service provider is entitled to initiate a court procedure or an arbitrage procedure with regard to the place of business of the consignee.