GENERAL TERMS AND CONDITIONS OF BUSINESS
1. General provision of services
SCC | INDUSTRIEMONTAGEN GmbH & Co. KG is a certified service provider, its field of activity includes worldwide industrial and plant assembly, personnel services and coordination of freelancers. All company activities are rendered as services. The mutual obligations between customers and SCC | INDUSTRIEMONTAGEN GmbH & Co. KG are stipulated in separate contracts, whereby the present General Terms and Conditions of Business constitute an integral contract component.
SCC | INDUSTRIEMONTAGEN GmbH & Co. KG is to be promptly notified in writing of grievances of any nature. SCC | INDUSTRIEMONTAGEN GmbH & Co. KG shall remedy reported grievances within a reasonable period of time.
3. Outsourced performance
The Supplier is entitled, in agreement with the Customer, to make use of other reliable freelance staff and companies in fulfilling its obligations.
4. Service interruptions
Should performance of service become impossible due to force majeure or strike, the mutual obligations are suspended for the duration of the hindrance, although the contract continues to remain in force in its fixed form.
5. Liability and limits of liability
In the context of the legal regulations, SCC | INDUSTRIEMONTAGEN GmbH & Co. KG is only liable for damages of its own fault (slight and gross negligence on the part of personnel or the company itself).
6. Liability disclaimer
SCC | INDUSTRIEMONTAGEN GmbH & Co. KG shall not be liable for any damages other than those specified under No. 4. Further excluded from liability are all other damages for which no insurance coverage is provided by the general terms of the liability insurance policy.
7. Asserting of liability claims
The Customer is obligated to assert liability claims without delay. The Customer is to simultaneously immediately give SCC | INDUSTRIEMONTAGEN GmbH & Co. KG the opportunity to make all the necessary determinations itself or by means of authorized representatives as to the cause, course and degree of damage.
8. Compensation payment
Payments are to be made directly to SCC | INDUSTRIEMONTAGEN GmbH & Co. KG or an explicitly authorized representative. Should cash payments be agreed upon, same is to be paid immediately after service having been performed. Should payment by bank transfer be agreed upon, payment is due eight (8) days after billing, any deviations herefrom require a separate written agreement.
9. Default of payment
The payment claim debtor shall be in default at the latest upon failure to pay within fourteen (14) days after the due date and receipt of an invoice or other equivalent statement of claim.
10. Loss compensation
In the event the Customer cancels an order within fourteen (14) days prior to the intended start of services, SCC | INDUSTRIEMONTAGEN GmbH & Co. KG is entitled to charge a cancellation fee of 30% of the order volume. This charge rises to 45% for cancellations effected between the fourteenth (14th) and seventh (7th) day. Cancellations within the last seven (7) days incur a cancellation fee of 70% of the order volume. Should such a contract cancellation not be effected until the agreed start date of the contracted work, SCC | INDUSTRIEMONTAGEN GmbH & Co. KG is entitled to charge compensation in the amount of 100% of the order volume.
11. Soliciting of employees
The Customer is prohibited from employing personnel directly or through third parties whom SCC | INDUSTRIEMONTAGEN GmbH & Co. KG provides to said Customer, or engaging same for such work as performed by SCC | INDUSTRIEMONTAGEN GmbH & Co. KG pursuant to the concluded contract, for a period covering the duration of the contracted work plus one (1) year thereafter. Violations of this agreement obligate the Customer to pay SCC | INDUSTRIEMONTAGEN GmbH & Co. KG ten (10) times the order volume amount, albeit not to exceed ten (10) times the monthly fee.
12. Early contract cancellation
Early contract cancellation shall only be valid with written notice subject to the period of notice expressly specified in the respective contract.
13. Contract amendment
Any agreement differing from the content of the originally concluded contract must be made in writing.
14. Jurisdiction and place of performance
To the extent permitted by law, jurisdiction and place of performance is Chemnitz.
15. Severability clause
Should one or more of the provisions herein be or become invalid, said provision(s) is/are to be interpreted in such a manner as to achieve the closest possible economic intent of the original provision(s) in compliance with the legal regulations. The validity of the remaining provisions shall not be in any way thereby affected.