General terms and conditions
for the provision of services by NN Maschinen- & Metallbau GmbH & Co. KG, Im Wesertal 7, 37671 Höxter, email: kontakt@nn-maschinen-metallbau.de (hereinafter the 'Contractor') to its customers (hereinafter the 'Client')
1. General provisions
1.1 These general terms and conditions (Terms) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these Terms.
1.2 Where additional contractual documents or other terms and conditions in text or written form have become part of the contract alongside these Terms, the provisions of those additional contractual documents take precedence over these Terms in the event of a conflict.
1.3 The Contractor does not accept any differing terms and conditions used by the Client unless it expressly agrees to them.
2. Subject matter and scope of services
2.1 As an independent business, the Contractor provides the following services to the Client:
NN Maschinen- & Metallbau GmbH & Co. KG offers:
Planning, design, manufacture and installation of machinery, plant and metal structures
Servicing, maintenance and quality-assured project management
2.2 The specific scope of services is governed by individual agreements between the Contractor and the Client.
2.3 The Contractor provides the contractual services with the greatest possible care and diligence in accordance with the latest applicable standards, rules and knowledge.
2.4 The Contractor is obliged to provide the services owed under the contract. In carrying out its work, however, it is not subject to instructions regarding the manner, place or time of service provision. It will nevertheless determine its working days and the allocation of time on those days so as to achieve optimum efficiency in its work and in implementing the subject matter of the contract. The Contractor provides the services solely in consultation and coordination with the Client.
3. Client's duty to cooperate
The Client is responsible for providing complete and correct information, data and other content that it is required to supply for performance of the services. The Contractor is not in any respect responsible to the Client for delays in service provision caused by the Client's late provision of necessary cooperation or assistance; the provisions under 'Liability / indemnity' remain unaffected.
4. Remuneration
4.1 Remuneration is agreed individually in the contract.
4.2 Remuneration is payable after the services have been provided. Where remuneration is calculated by periods of time, it is payable at the end of each period (section 614 of the German Civil Code, BGB). For time-and-expense billing, the Contractor is entitled to invoice services monthly unless otherwise agreed.
4.3 After providing the services, the Contractor sends the Client an invoice by post or email, for example as a PDF. Payment is due within 14 days of receipt of the invoice.
5. Liability / indemnity
5.1 The Contractor has unlimited liability on any legal basis for intent or gross negligence, for intentional or negligent injury to life, body or health, under a guarantee unless otherwise provided in that respect, or where liability is mandatory. If the Contractor negligently breaches an essential contractual obligation, liability is limited to the foreseeable loss typical of the contract, unless liability is unlimited under the preceding sentence. Essential contractual obligations are obligations imposed on the Contractor by the content of the contract to achieve its purpose, whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Client may regularly rely. In all other respects, the Contractor's liability is excluded. These liability provisions also apply to the Contractor's liability for its vicarious agents and legal representatives.
5.2 The Client indemnifies the Contractor against all third-party claims brought against the Contractor as a result of the Client's breaches of these contractual terms or applicable law.
6. Contract duration and termination
6.1 The parties agree the contract duration and ordinary notice periods individually.
6.2 Both parties' right to terminate without notice for good cause remains unaffected.
6.3 After the contract ends, the Contractor must promptly return or destroy, at the Client's choice, all documents and other content supplied to it. No right of retention may be asserted over them. Electronic data must be deleted completely. Documents and data subject to a longer statutory retention obligation are excepted, but only until the end of the applicable retention period. At the company's request, the Contractor must confirm deletion in writing.
7. Confidentiality and data protection
7.1 The Contractor will treat all matters that become known to it in connection with the order as strictly confidential. The Contractor undertakes to impose the confidentiality obligation on all employees and/or third parties with access to the information covered by the contract. The confidentiality obligation continues indefinitely beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection provisions when carrying out the order, particularly the General Data Protection Regulation and the German Federal Data Protection Act.
8. Final provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.
8.2 If any provision of these Terms is or becomes invalid, the validity of the remaining Terms is unaffected.
8.3 The Client will support the Contractor in providing its contractual services through reasonable cooperation where necessary. In particular, the Client will provide the Contractor with the information and data required to fulfil the order.
8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the Contractor's registered office is the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor may amend these Terms for objectively justified reasons, such as changes in case law, legislation, market conditions or business or corporate strategy, subject to a reasonable notice period. Existing customers will be notified by email no later than two weeks before the amendment takes effect. If an existing customer does not object within the period specified in the amendment notice, consent to the amendment is deemed to have been given. If the customer objects, the amendments do not take effect; in that case, the Contractor may terminate the contract extraordinarily as of the date on which the amendment would have taken effect. The notice of the intended amendment will explain the deadline and the consequences of objecting or failing to object.
9. Consumer dispute resolution information
The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG).
Our email address is given in the introductory text of these Terms.