of Lenja Engineering GmbH
(1) These General Terms and Conditions (GTC) apply to all our business relations with our customers.
These General Terms and Conditions shall apply to all ser-vices rendered by us, in particular to contracts for the maintenance and adjustment of gas turbines, consulting, technical analyses, technical studies, etc.
(2) We shall be bound by our offers for a period of 60 days from the date of the offer. This shall also apply if we have provided the customer with catalogues, technical documen-tation or other documents to which we reserve ownership and copyright.
Should a customer accept an offer after the expiry of the period referred to in section 1, we shall be entitled to con-firm the contract within five days of receipt of the ac-ceptance by us.
(3) Our general terms and conditions apply exclusively.
Deviating, conflicting or supplementary general terms and conditions of our customer shall only become part of the contract if and insofar as we have expressly agreed to their validity.
This consent requirement applies in any case, for example even if we perform our services to the customer without reservation in the knowledge of the customer's GTC.
(4) The individual agreement made with the customer in a particular case (including collateral agreements, supple-ments and amendments) shall in any case take precedence over these GTC.
Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.
(5) Legally relevant declarations and notifications of the customer in relation to the contract (e.g. setting of a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, email, fax).
Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the person making the declaration, shall remain unaffected
(6) References to the validity of statutory provisions shall only have a clarifying meaning.
Even without such clarification, the statutory provisions shall therefore apply, unless they are amended or expressly excluded in these GTC.
Our offers are subject to change and non-binding. This shall also apply if we have provided the customer with
catalogues, technical documentation or other documents to which we reserve ownership and copyright.
If the customer accepts an offer from us, we shall be entitled to confirm the contract within five days of receipt of the offer by us.
Furthermore, we do not guarantee that our work will achieve goals that are not explicitly defined in the offer.
(1) The content of the performance owed by us is specified in the offer.
We do not guarantee that certain efficiencies will be achieved permanently by the gas turbines serviced by us, since this efficiency depends on a large number of external
factors over which we have no control. The customer is aware that due to the technical conditions of gas turbines it is always possible that a deterioration in the operation of the
gas turbines maintained by us may occur at any time due to external influences (e.g. ambient temperature, gas quality, machine ageing). Such influences cannot be controlled or influenced by us.
(2) We shall render our services within the time frame agreed in the contract.
Should there be a delay in performance on our part, the customer shall first be obliged to set us a reasonable period of grace to provide our service. Only after the fruitless expiry
of this grace period shall the customer be entitled to terminate the contract.
(3) As a rule, we provide our services by remote maintenance at our company headquarters in Toenisvorst, Germany.
This is also the place of performance of the contract concluded between us and the customer.
(1) Unless otherwise agreed in individual cases, our prices valid at the time the contract is concluded shall apply.
(2) The price is due and payable within 30 days of the invoice date. However, we are entitled at any time - even within the
framework of an ongoing business relationship - to perform a service in whole or in part only against advance payment.
We declare a corresponding reservation at the latest with the order confirmation.
(3) Upon expiry of the aforementioned payment period, the customer shall be in default. During the period of default,
interest shall be charged on the price at the statutory default rate applicable at the time.
We reserve the right to claim further damages.
Our claim to commercial interest on the commercial due date remains unaffected vis-à-vis merchants.
(4) The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or
is undisputed or his claim is in a particularly close relationship to our payment claim.
(5) If it becomes apparent after the conclusion of the contract (e.g. upon application for the opening of insolvency
proceedings) that our claim to remuneration is endangered by the customer's lack of ability to pay, we shall be entitled
to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to
withdraw from the contract.
(6) The customer is aware that the contracts concluded with us have long lead times and that orders accepted by us
cannot be postponed due to the existence of follow-up orders or that subsequent orders cannot be postponed by us
in good time. Should the customer therefore cancel the order after the order confirmation has been issued, he shall
owe the following flat-rate compensation:
• - Cancellation 3 months to 30 days before the planned start of the order: 25 % of the order amount;
• - Cancellation less than 30 days to 10 days before the agreed start of the order: 50 % of the order amount
• - Cancellation less than 10 days before the agreed date of commencement: 70 % of the order amount;
• - Cancellation after the start of the order: 100 % of the order amount.
In any case, however, the expenses incurred by us up to the time of cancellation must be paid. The customer is allowed to prove a lower damage.
(1) Unless otherwise stated in these General Terms and Conditions including the following provisions, we shall be liable for any breach of contractual and non-contractual
obligations in accordance with the statutory provisions.
(2) We shall be liable for damages - irrespective of the legal basis - within the scope of liability for culpability in cases of intent and gross negligence.
In the case of simple negligence, we shall only be liable - subject to statutory limitations of reservation (e.g. care in our own affairs; minor breach of duty) - for
a) for damages resulting from injury to life, body or health
b) for damages resulting from the breach of an essential contractual obligation (obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
(3) The limitations of liability resulting from paragraph 2 shall also apply in the event of breaches of duty by or in favour of persons whose fault is attributable to them under statutory provisions.
They shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims of the purchaser under the Product Liability Act.
(4) Due to a breach of duty which does not consist of a defect, the customer may only withdraw or terminate the contract if we are responsible for the breach of duty. A free right of termination by the customer (in particular according to §§ 650, 648 BGB) is excluded. In all other respects the usual conditions and legal consequences shall apply.
Notwithstanding the statutory provisions, claims against us shall become statute-barred within one year after comple-tion of our work. If acceptance has been agreed, the limita-tion period shall commence upon acceptance.
This period shall also apply to contractual and non-contractual claims for damages of the Buyer based on a defect in our performance, unless the application of the regular statutory limitation period would lead to a shorter limitation period in an individual case. However, claims for damages of the buyer according to § 4 para. 2 sentence 1 and sentence 2 a) as well as according to the Product Liabil-ity Act shall be subject to the statutory limitation periods exclusively.
(1) These General Terms and Conditions and the contractu-al relationship between us and the customer shall be gov-erned by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on the International Sale of Goods.
(2) If the purchaser is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly from the contractual relationship shall be our regis-tered office in Toenisvorst.
The same applies if the customer is an entrepreneur within the meaning of § 14 BGB. However, we are entitled in all cases to take legal action at the place of performance of our service in accordance with these General Terms and Condi-tions or a prior individual agreement or at the customer's general place of jurisdiction. Priority statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaf-fected.