RAS Industrial Alpinists: GBC

General business conditions

1. General

We provide services and supplies solely under the conditions below. Service and supply conditions stipulated by the client are considered as being contradicted and excluded, insofar as they do not conform to ours.
This also applies for cases where the client declares they only want to award the contract on their terms.
The place of execution is the registered office of the company RAS. The same applies for the exclusive place of jurisdiction for all present and future claims arising from the contractual relationship.
Verbal discussions are only valid if they have been presented and confirmed in writing beforehand.
Other conditions and deviations also require written form and our confirmation to take effect.

2. Offers

Our offer of services is non-binding and subject to change. Information on services, materials etc. is in approximate values customary within the company and industry.
The rights to services changed through technical developments and other features must remain reserved. The client will be informed of the changes with sufficient notice before the service commences.
If changes occur regarding the execution of the contract after presentation of the offer on the part of the client, we do not consider ourselves to be associated with the respective offer - so it can lose all or part of its validity.
Our offers remain valid for 28 days net from the time they are presented.

3. Requirements

We carry out our tasks with third parties in the name and on behalf of the client, as long as the latter conducts a trade. Separate agreements confirmed by us in writing are excepted.
We do not normally work on the rope with sharp, rotating or sawing tools, nor with acids, bases or liquids which give off caustic, numbing or consciousness-altering vapours, nor with thinners or environmentally-harmful chemicals. Agreements made in individual cases (e.g. tree tending work, corrosion protection) require our express, written consent.
The client must provide samples of the materials it uses (incl. an excerpt from the material master data sheet) upon request, so that we can test the effects on our safety material.
For assembly work, particularly of advertising material, the client and RAS must agree on the fixation material. In the event of unsuitable or prohibited fixation materials and/or methods, we reserve the right to process the order, even post-event.
For jobs spanning several days, sufficient accommodation will be provided by the client, following an agreement with RAS. Our staff strictly stay in single rooms.
If accommodation is not provided by the client, RAS reserves the right to select the relevant accommodation.
According to the FISAT e.V. guidelines and the corresponding regulations of the workers' compensation board, rope-supported work processes are strictly carried out in teams of two, as the rescuing of each rope workers must be guaranteed at all times. We have rescue equipment at the ready.

4. Service

We fulfil each of our tasks as part of the FISAT e.V. guidelines, the respective workers' compensation board regulations and the conditions according to German law applicable at the time of execution.
An obligation to uphold the agreed deadlines is only assumed on condition of uninterrupted operations and transport. Cases of force majeure and other similar incidents affecting us, our suppliers or the transport company absolve us from completing the service on time without any claims for damages.
Agreed service deadlines must be stated upon confirming the job, otherwise they are considered as not having been agreed.
Delays arising due to late delivery of materials to be used (advertising media, fixation material, corrosion protection etc.) are at the client's expense and, if applicable, are to be settled with us separately.
"re-visits, advice, solution proposals, project planning and administrative advance payments which must be made in conjunction with execution of the respective contract are processed/settled separately.
Applications (e.g. surveys, approvals, building applications) are to be made by the client. If this is done by RAS, it is processed/settled separately. RAS must have a copy of applications lodged by the client up to contract execution. Delays arising due to unavailable or incorrectly lodged applications are at the client's expense. If changes in contract execution occur due to late applications, the client bears the costs resulting from this.
To ensure the highest degree of safety possible, we are not bound by instructions for rope-supported work, insofar as this concerns our safety and work techniques.
The supervisor appointed by us is responsible for carrying out the rope-supported work.
The supervisor is authorised to issue instructions to external staff, insofar as this involves safety-related areas and the defence of safety-related factors.
Contracted work requiring group sizes of more than 4 height workers at one location are strictly performed with an additional supervisor.
Contracted work requiring group sizes of more than 6 height workers at one location are strictly performed with an additional supervisor and an additional height rescuer.
For special safety requirements (e.g. for corrosion protection work or work on extractor outlets/chimneys), the client is provided with separately created "data sheets" which are a binding component of the General Terms and Conditions Act.
For other failures to meet obligations, the conditions of the German Civil Code apply.

5. Order placement

Before contract execution, there must be a written confirmation of the contract. This can be for the offer provided or a written order placement from the client. The contract confirmation can be sent to us by post, fax or email, and must state the client's trade name and registered office, as well as the corresponding offer reference.
We must be provided with sufficient information on the respective place of execution, with which we can conduct a clear feasibility analysis. If this information is insufficient (in terms of suspension points, fixation of rope tracks, embarking and access points), we reserve the right to inspect the place of execution before the order is placed. The client bears the costs for this inspection.
The surveys and approvals necessary to place the order must be available at the time of contract execution. If this is not the case, the client bears the accrued costs.

6. Cancellation

For cancellations of contracted services, we charge 25% of the entire contractual value as a cancellation fee. If a service is cancelled less than five working days before the agreed start of work, the cancellation fee increases to 50% of the entire contractual value. If a service is cancelled less than one working day before the start of work, we charge 90% of the entire contractual value.
Material purchased beforehand as part of contract execution following order placement is charged at 100%.

7. Payment

Unless otherwise agreed, the daily prices applicable on the day of the service are charged. The invoice is made out on the day of the service. Deferral of invoice expiry date (fixing the value date) is excluded.
For contracts spanning more than 5 working days, we reserve the right to provide interim invoices/invoices in the form of instalments.
Prices are in Euros and do not include the VAT according to German law.
For first-time customers, we reserve the right to demand an advance payment of 50% of the contractual value, upon placement of the order, before commencing work. This advance payment is made as an advance money order or a crossed cheque.
Payments can be made as follows, insofar as nothing else is noted on the invoice: net in cash, as a crossed or uncrossed cheque at the end of the contract, or by transfer upon receipt of invoice. The date of payment receipt is considered the day the amount is paid in cash or, for non-cash payments, credited to our account.
Our term of payment is immediate and without delay, unless otherwise noted on the invoice. We agree to cash discounts in individual cases.
If we receive unsatisfactory information on the client's ability to pay, we can demand immediate payment, refuse service, and condition the execution of further contracts on advance payment. This also applies if we are only provided with the negative information after the contract confirmation is issued.
Verbal agreements on price require our written confirmation.

8. Delayed payment

If agreed instalments are not maintained, the remaining amount becomes payable immediately upon deferral of an instalment.
Every time the term is exceeded, we are entitled to demand 4% p.a. on the German Central Bank discount rate as an interest payment from the payment due date.

9. Counter claims

Counter claims can only be cleared if they are undisputed or valid.

10. Conventional penalties

Contract penalties are considered strictly excluded. We do not agree to any exceptions.

11. Defects

Letters of complaint for obvious defects are only taken into account if we receive them directly after service completion, without undue delay, but no later than 2 weeks after they were noticed.
We are not liable for defects resulting from force majeure.
For defective services, we reserve the right to improve them or render these defect-free, or reduce or refund the payment applicable on the day of the service.
Further liability claims may not be made.
Defects in partial services do not authorise cancellation of the entire contract or other contracts already awarded and confirmed.

12. Liability

We are not liable for damage to property being worked on which would have been avoidable if the client had taken the measures we had requested in writing.
Products from other manufacturers which we receive by shipment undergo a visual and functional test. Liability claims from the Product Liability Act can therefore not be made against us.

13. Data collection and image rights

The client agrees to let the data required to process the order be saved according to Federal Data Protection Law §3.26.
We prohibit image and sound recordings at all times. If recordings are made contrary to this agreement, the image or sound recordings are handed over to us in exchange for a refund of the material costs.
If we have approved image and sound recordings in writing, the rights to the image and sounds recordings are transferred to us. They may only be used privately or within the company, without any further disposition, unless otherwise agreed in writing.
We reserve the right to make image and sound documentation of contracts. The client understands that the image or sound material can be used for reference and advertising purposes and waives their rights to the image or sound material as far as possible. The approval also applies for all the client's staff and subcontractors recorded on the image or sound material.

14. Scope

The above business and service conditions apply to conclude a contract in the existing form and for all services mentioned in this contract. They apply to a further business relationship until we inform out customers of a change. The version number of the applicable General Terms and Conditions Act is always enclosed with the offers!
Upon order placement, the client acknowledges our conditions and agrees to their validity for the contract concluded.

15. Severability Clause

If individual conditions of this General Terms and Conditions Act are or become invalid or illegal, this does not affect the validity of the remaining conditions and the entire legal act. The next preferred regulations, according to German law, of the General Terms and Conditions Act apply until a new ruling comes into effect.