§ 1 General – Scope of Application
(1) These general terms and conditions apply to all current and future deliveries and services of Onken Offshore Contractors GmbH to the customer.
(2) Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if they are known, unless their validity is expressly approved in writing.
(3) These general terms and conditions only apply to entrepreneurs within the meaning of Section 310 BGB.
(4) We are entitled to use third parties to fulfil our contractual obligations.
§ 2 Conclusion of the contract
(1) The customer’s order is a binding offer. We will accept it by sending you an order confirmation.
(2) Unless otherwise stated in the offer, an offer from us can be accepted within 2 weeks in writing or in electronic form (email or fax). Correspondence by email is welcome. If there is no acceptance within the 2 weeks, the offer expires.
§ 3 Prices and payment terms
(1) Services of the service personnel are calculated based on working hours, travel expenses, in individual cases accommodation costs and materials used.
(2) The working time estimated in the offer or in the order confirmation is an estimate, the actual number of hours worked is billed.
(3) The working hours of the service personnel also includes preparation and follow-up work.
(4) Waiting times for which we or the companies commissioned by us are not responsible (e.g. bad weather, weather conditions, poor access, unforeseen technical problems) are borne by the customer and can be invoiced separately.
(5) When calculating the services, the prices for parts, materials and special services used as well as the prices for work, travel and transport costs must be shown separately. Insofar as the services are listed in detail in the offer or in the order confirmation, a reference to them is sufficient, whereby only deviations in the scope of services are to be specifically mentioned.
6) The statutory sales tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.
(7) Unless otherwise stated in the order confirmation, the purchase price is payable without deduction within 30 calendar days from the invoice date. After the due date, default interest of 9% above the respective base rate p.a. calculated.
(8) The customer must check an invoice from us for its accuracy within the period specified in paragraph 7. After this point in time, objections to the invoice are excluded.
(9) The customer can only offset claims that are undisputed or legally established.
§ 4 Customer’s duty to cooperate
(1) The customer must support our service personnel, or the service personnel of the companies commissioned by us in the performance of the agreed services to the best of their ability and at their own expense. In particular, if necessary, for the completion of the order, auxiliary personnel, aids, technical documentation and electricity, including the necessary connections and other accesses, must be made available to the personnel free of charge.
(2) The customer must take the necessary measures to protect people and property at the location of the service. He also has to inform our service personnel or the service personnel of the companies commissioned by us about existing special safety regulations, insofar as these are important for the service personnel.
(3) For the services to be performed on site at the customer, the customer must name and keep a contact person who is responsible, competent and authorized for all questions pending to complete the order.
§ 5 Time of service provision
(1) In addition to the timely receipt of all relevant documents, compliance with agreed dates for the provision of services also requires compliance with the payment terms and other obligations of the customer.
(2) If no specific date for the provision of the service has been agreed, we will notify the customer of the date at least ten days before the service is provided. If the customer does not wish the work to be performed on the specified date, the customer is obliged to notify us of this at least five days before the announced day of the work. If this notification is not made or is not received in time, the agreed price is due in full.
(3) If the execution of our work is due to force majeure, e.g. If, for example, unannounced network shutdowns are delayed through no fault of ours for lack of official permits for heavy goods transport, strikes, lockouts, official orders, Pandemic, accidents or storms, the period of service provision will be extended accordingly.
(4) If the customer suffers demonstrable damage as a result of our delay, he is entitled to demand a flat-rate compensation for delay. It is 0.5% for each full week of the delay, but in total no more than 5% of the price for the service for the part on which we have to provide a service and which cannot be used in time due to the delay. Further claims due to delay are excluded; this does not apply if intent or personal injury has occurred.
(5) If the customer defaults on acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for the damage incurred, including any additional expenses. Further claims or rights are reserved.
§ 6 Acceptance
(1) The customer is obliged to accept the service, whether in the form of a repair, maintenance, commissioning or other agreed service provided by us. If the service proves not to be in accordance with the contract, we are obliged to remedy the defect in accordance with § 8 if this is possible for the respective service. This does not apply if the defect is irrelevant to the interests of the customer or is based on a circumstance that is attributable to the customer. If there is an insignificant defect, the customer cannot refuse acceptance.
(2) If the acceptance is delayed through no fault of our own, the acceptance shall be deemed to have taken place two weeks after the end of the service.
(3) Upon acceptance, our liability for recognizable defects ceases to apply, unless the customer has reserved the right to assert a specific defect.
§ 7 Retention of title-transfer of ownership
(1) We reserve ownership of the purchased item or all accessories, spare and replacement parts used until full payment of the agreed order amount until receipt of all payments from the respective contractual relationship. In the event of breach of contract by the buyer, including late payment, we are entitled to take back the goods.
§ 8 Warranty
(1) A prerequisite for any warranty rights of the customer is the proper fulfilment of all inspection and notification obligations owed according to §377 HGB.
(2) In the event of justified complaints, we are entitled, at our option, to remedy the defect or to deliver a new defect-free product.
(3) If the supplementary performance fails, the customer is entitled to choose to cancel the contract or demand a reduction. A rectification is considered to have failed after the second attempt according to § 440 sentence 2 BGB, unless the nature of the thing or the defect or the other circumstances in particular do not indicate otherwise.
(4) The warranty does not extend to natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or that arise due to special external influences. The warranty does not apply to wearing parts such as Brake pads, seals, coolants and lubricants, filters, illuminants, accumulators or rubber dampers, which are subject to functional wear and tear, unless these are production or material defects. If improper changes or repair work are carried out by the customer or by third parties, there is no guarantee for these and the resulting consequences.
(5) Insignificant deviations from the agreed quality or insignificant impairments of usability do not constitute defects in the delivered item.
(6) The customer’s warranty claims expire 12 months after acceptance.
§ 9 Liability
(1) We are liable according to the statutory provisions if the customer asserts claims for damages based on intent or gross negligence on our part. In cases of simple negligence, our liability is limited to the contract-typical, foreseeable damage.
(2) Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(3) Unless otherwise stipulated above, liability is excluded, this applies in particular to financial loss, other consequential damage and loss of profit.
§ 10 data protection and confidentiality
(1) As part of our cooperation, we may have an insight into the personal data you have provided. By placing an order, you agree that we may use the personal data provided by you for the fulfillment of your contract or for the implementation of pre-contractual measures as follows: Electronic form are permitted – Sending information on all topics required in the ongoing business process by post, telephone or email data from employees involved in the business process may be contacted for these purposes and archived until further notice – Personal data may be – insofar as the contractual relationship requires it (Art. 6 para. 1 sentence 1 lit. B GDPR) – passed on to third parties.
(2) Wir werden personenbezogene Daten ausschließlich zu dem vertraglich vorgesehenen Zweck verwenden.
(3) We are obliged to take the measures to be taken in accordance with Art. 32 GDPR to ensure the security of processing and to achieve a data protection level appropriate to the risk and to prove this to the customer on request. We support the customer with the fulfilment of the rights of the data subject according to Art. 12 to 23 GDPR as well as the obligations incumbent on Art. 32 to 36 GDPR upon first request by the customer.
(4) We agree that the customer is fundamentally entitled, after making an appointment, to check compliance with data protection and data security regulations himself or through third parties commissioned by him.
(5) We undertake to maintain confidentiality when processing the customer’s personal data in accordance with the order.
(6) We assure that all persons involved in the processing of personal data have undertaken to maintain confidentiality and to protect data protection in an appropriate manner during the period of their employment and after the employment relationship has ended.
(7) According to Art. 7 Para. 3 GDPR, the customer has the right to withdraw consent.
(8) The customer has a right of objection according to Art. 21 GDPR.
§ 11 final provisions
(1) Assignment of claims against us that are not purely monetary claims is prohibited (prohibition of assignment).
(2) Changes, additions and side agreements to the contract and these terms and conditions must be in writing.
(3) If a provision of these terms and conditions should be or become ineffective or should a gap emerge, the validity of the remaining provisions is not affected. In this case, the parties undertake to agree or achieve the intended purpose by agreeing other arrangements.
(4) German law applies to the legal relationships between the parties, with the exclusion of UN sales law.
(5) The place of jurisdiction is Oldenburg.