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ar engineers Hamburg

ar engineers GmbH
Kühnehöfe 20
22761 Hamburg

Office:
Kühnehöfe 20
22761 Hamburg

Phone: +49 (0) 40 228 680 980
Fax: +49 (0) 40 228 680 989

www.ar-engineers.de
info@ar-engineers.de

CEO / Responsible for the purposes of/within the meaning of the German Press Law:
Dipl.-Ing. (FH) Axel Reinsch

Company:
VAT No.: DE 271 974 544
tax ID: 49/703/00843

Company Registry Hamburg
HRB 126911, in Hamburg

Concept / Design / Implementation
mediaism / kiel / germany
mail – us@mediaism.de
tel – +49 431 90 86 11 68

www.mediaism.de

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General Terms and Conditions

I. Scope of Application

  1. The following General Terms and Conditions apply to all contracts concluded in writing, verbally, or any other form between ar engineers GmbH (hereinafter referred to as "ar engineers") and its customers (hereinafter "Customer" or respectively "Purchaser"). The Customer's General Terms and Conditions are expressly excluded as subject matter of the contract even if ar engineers does not expressly object to such. In the event that the Customer wishes that the following General Terms and Conditions do not apply, the Customer must inform ar engineers of this in advance in writing.
  2. Deviations from the terms and conditions listed here are valid only if ar engineers consented to such in writing prior to acceptance of the order.

II. Written form

Any and all agreements must be recorded in written form. Verbal agreements are valid only if they are confirmed in writing. The same applies to supplementary agreements and assurances as well as subsequent amendments to the contract, including the agreement to waive the requirement of written form.

III. Binding order

Cost estimates and offers by ar engineers are non-binding and without obligation. A contract is created only upon the written order confirmation of ar engineers.

IV. Performance

The written order confirmation by ar engineers and its enclosures determine the scope of the performance to be provided by ar engineers. ar engineers shall provide performance by way of salaried or freelance employees, which the Customer acknowledges and accepts.

V. Delivery time

  1. Binding delivery times require the express, written agreement of both contractual parties.
  2. Compliance with the delivery time requires the fulfillment of the Purchaser's obligation to participate. In the event that the Purchaser defaults in its obligation to participate, the delivery time is extended by the duration of the Purchaser's default without further notice.
  3. The delivery time also changes upon occurrence of unforeseen obstacles that could not be averted despite reasonable care according to the circumstances of the specific event. ar engineers shall immediately inform its Customers of such obstacles.
  4. The delivery time for the complete order must be renegotiated in the event of changes or amendments of the original, binding scope of services.

VI. Purchaser's participation

The Purchaser shall immediately provide ar engineers with all information available to the Purchaser in connection with the order issued by the Purchaser. The Customer specifically assures that all participation on the part of the Customer or its vicarious agents shall be provided in a timely manner and free of charge to ar engineers.

VII. Acceptance

  1. Acceptance of the provided performance shall occur by way of the Purchaser's written declaration. The Purchaser shall inspect the performance within 10 days after handover and declare acceptance in writing.
  2. The existence of possible defects does not authorize the Purchaser's refusal of acceptance if the defects can be rectified. In this case, the Purchaser shall list the defects in the acceptance report with a reference for rectification.
  3. If the Purchaser does not declare acceptance within 10 days after receipt of the performance from ar engineers or refuses acceptance pursuant to Sec. VIII (1), ar engineers is authorized to demand such declaration within a deadline of 2 weeks. Acceptance is deemed to have occurred if the Purchaser does not present substantiated deviations from the contractual condition within this grace period.

VIII. Guarantee

  1. The Purchaser shall report obvious deviations from the contractually negotiated condition of the performance delivered by ar engineers that are recognizable with proper inspection and review in writing as defects within 10 days of receipt. The Customer shall report non-obvious deviations that are not discernible with proper inspection within 7 days after manifestation of such deviations. In case the time limits for complaints are exceeded, a guarantee for the respective defects is void.
  2. In the event that a justified defect report is available, the Customer shall grant ar engineers a reasonable grace period for supplementary performance in writing. In this case, ar engineers is entitled to choose rectification of defects or new performance. In regard to fulfillment of the rectification for the same defect or defects directly connected to such rectification, ar engineers is entitled to two rectification attempts within a reasonable grace period. The Customer is entitled to withdraw from the contract or request reduction after the second failed rectification attempt. If the Purchaser wishes to request compensation for damages instead of performance or opts to handle rectification itself, the rectification is deemed to have failed only after the second unsuccessful attempt. The statutory cases of dispensability and setting of a deadline remain unaffected. Withdrawal based on an immaterial defect is excluded.

IX. Liability

  1. ar engineers shall be liable only for intent and gross negligence. In these cases, liability shall be based on statutory provisions. For the rest, the liability of ar engineers shall be based on the German Product Liability Law for injury to life, body, or health, or for the culpable violation of essential contractual obligations. The compensation for a violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the type of contract. In cases of gross negligence, the liability of ar engineers is also limited to the foreseeable damage typical for the type of contract if none of the exceptions listed in clause 2 of this paragraph apply. Liability for damages caused by the contractual object to the contractual partner's legal assets, e.g. damages to other objects, is fully excluded unless such damage is caused by intent or gross negligence or liability is based on an injury to life, body, or health.
  2. If a liability of any kind arises for ar engineers in consideration of the limitation of liability as set forth in the above paragraph, such liability is limited to 10% of the respective invoice value insofar as such does not pertain to an injury to life, body, or health. Default claims are limited to 0.5% of the order value per week of delivery time delay, or to a maximum of 10 % of the respective order value.
  3. ar engineers shall not be obligated to audit the information provided by the Purchaser (e.g. measurements, calculations, or operational data), unless verification of specifications has been expressly agreed in writing. On no account shall ar engineers be liable for errors in the specifications provided by the Customer.
  4. The Purchaser warrants that the use of specifications provided to ar engineers by it or its employees does not violate industrial property rights of third parties. In this regard, the Purchaser indemnifies and holds ar engineers harmless from third party claims and in case of damage shall provide compensation for the incurred damages.

X. Confidentiality

ar engineers and the Purchaser as well as its vicarious agents shall be obligated to keep all documents and information exchanged within the course of the project confidential and handle such with due diligence vis-a-vis third parties. The same applies to salaried or freelance employees of ar engineers.

XI. Retention of title / Usage right

  1. The provided performance remains the property of ar engineers until full payment of all receivables arising from the business relation with the Customer.
  2. The contractual partner is not authorized to dispose of the performances or respectiAssertion of the retention of title does not constitute withdrawal from the contract.vely objects subject to retention of title. The Customer is specifically not authorized to sell, pledge, or assign such as security to third parties.
  3. Assertion of the retention of title does not constitute withdrawal from the contract.

XII. Payment terms

  1. Compensation for the performance shall be specified in the individual contract between ar engineers and the Customer.
  2. Orders shall be settled after completion of the work or, if negotiated, in partial amounts subject to the progress of the performance. In case of partial delivery, the invoice amount attributed to the partial delivery shall be due and payable regardless of the scope of the remaining deliveries still outstanding.
  3. If, by mutual agreement, the necessity of an expansion of the task arises during processing of the order, ar engineers is authorized to additionally invoice the added expense based on the current hourly rate or the fixed price to be negotiated for such.
  4. Invoices shall be credited to the account specified in the invoice within 10 calendar days after receipt without deductions. ar engineers shall be informed of objections to the invoice in writing within 10 calendar days after the invoice date. If the decisive payment term is exceeded, ar engineers is authorized to request default interest in the statutory amount without requiring a reminder.
  5. The Purchaser is authorized to offset or retention only against counterclaims that are undisputed or legally ascertained.
  6. In case of payment default and justified doubts regarding the Customer's solvency or willingness to pay, ar engineers is authorized, irrespective of other legal claims, to demand securities or prepayments for any and all outstanding receivables arising from the contractual basis. ar engineers is furthermore authorized to immediate payment of all other claims arising from the business relationship.

XIII. Cancellation

  1. Both parties are authorized to terminate an ongoing project only for good cause. In case of termination for good cause that is within the scope of responsibility of ar engineers, ar engineers shall be entitled to compensation of the performance provided until the time of cancellation, insofar as essential performance has already been provided to the Purchaser.
  2. In case of cancellation of an order for any other cause prior to ar engineers' commencing work in connection with the order, ar engineers shall receive 10 % of the order sum in the event of a negotiated total sum or 1/2 daily rate in all other cases. If ar engineers already commenced work, the performance provided until the time of cancellation shall be compensated.
  3. If the Purchaser defaults in its obligation to participate pursuant to Sec. 6, ar engineers is authorized to set a reasonable grace period for fulfillment of this obligation. If participation is not fulfilled within this grace period, ar engineers is authorized to terminate the contract with the Purchaser.

XIV. Legal venue / Applicable law

  1. In the event that individual provisions of these General Terms and Conditions should be or become invalid either in full or in part, this does not affect the validity of the remaining provisions. The regulation that comes closest economically to the respective intended purpose shall take the place of the invalid provision.
  2. The Customer is authorized to assign its rights arising from the business relationship only with the prior written approval of ar engineers.
  3. Place of fulfillment for delivery and payment is Hamburg, Germany. Insofar as the Purchaser is a qualified merchant, Hamburg is also the legal venue.
  4. German law applies exclusively.
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Contact us
ar engineers GmbH
Ingenieurbüro
Hohe Brücke 1
20459 Hamburg
Telefon: +49 (0) 40 228 680 980
Fax: +49 (0) 40 228 680 989
E-Mail: