Schwingshandl shall provide the Client with two copies of the documents required for operating and servicing the system. The documentation shall comply with the terms of the EU directive.
The documentation shall specifically comprise:
- Operating instructions and maintenance guidelines
- Installation and circuit diagrams
- Layout for warehouse and transport technology
- Spare parts supplies, spare parts lists
- Insofar as any of documents available at the time of acceptance are only provisional, the final documents shall be supplied within the 6 weeks following acceptance.
The contract shall be deemed fulfilled on acceptance of the products and services supplied. These shall be accepted as per the agreed schedule. The Client shall be notified in writing that the items ordered are ready for acceptance. They must be accepted within 2 weeks of this notification being made. If this deadline is exceeded on grounds which are not Schwinghandl’s responsibility, the system shall be deemed to have been accepted without defects. This shall also apply when the system is used. Acceptance may only be refused if a significant defect is found.
The warranty period is 24 months, with the system being in use for two daily shifts. The warranty period shall commence when the system is used, and no later than the day of acceptance or 2 weeks after notification being issued that the system is ready for acceptance. If any repairs have to be made during the warranty period, the warranty period shall only commence anew for the parts which had to be repaired. Wear parts are excluded from the warranty. Any work associated with the warranty shall be performed during normal working hours.
A duty to fulfil warranty obligations shall only exist if the Client proves that the inspection and maintenance obligations described in the system documentation have been complied with.
In the context of our business liability insurance, we shall be solely liable for property damage, personal injury and resulting financial losses incurred in direct connection with the products and services we supply; our liability in such instances shall be limited to EUR 3 million. Any liability for consequential damage resulting from defects, damage incurred as the result of delays in completing the system (specifically loss of profit) and damage caused by production downtimes and/or operational hindrances is herewith expressly excluded.
In the event of breaches of confidentiality, SCHWINGSHANDL shall only accept liability in cases where SCHWINGSHANDL, SCHWINGSHANDL’s staff, SCHWINGSHANDL’s subcontractors or their staff acted wilfully or with gross neglect. Claims against staff working for SCHWINGSHANDL or SCHWINGSHANDL’s subcontractors are herewith excluded insofar as this is legally admissible, even if they are based on an unauthorised action. The installation staff may only perform tasks exceeding the scope of our contract with our agreement. We accept no liability for work carried out by our installation personnel or other auxiliaries if this work is not included in the services provided or if the defects are the result of the Client’s intervention.
The Client shall ensure that the installation area is safe.
He shall be liable to us for material damage and personal injury arising from any breach of this obligation.
Retention of title
The finished system together with all parts supplied by us shall remain our property until the Client has met all financial obligations due to us in full.
This shall also apply if the products supplied by us are permanently connected with or integrated into the Client’s property. As long as the products remain our property, they may not be sold on, pledged, transferred as collateral, leased or otherwise disposed of without our written consent. In the event of the system or parts supplied by us being pledged or otherwise availed of by third parties, the Client shall undertake to assert our property rights and to notify us thereof immediately. In the event of the goods subject to retention of title being sold, the receivable arising in connection with the sale shall be ceded to us without the Client expressly taking action to do so.
Transfer of risk
The latest point at which the risk shall be transferred is the time at which the system is used. In the event of delivery being refused or any kind of use of the system or parts thereof by the Client or any third party, the risk shall pass to the Client at this point. The Client shall be liable for all equipment and material provided by us until the installation work is complete and/or until the work tools are removed; he shall bear the risk of damage, destruction or loss thereof up to incidents of force majeure.