T&C Service
General Terms and Conditions of Jumag Dampferzeuger GmbH for Jumag Service Contracts
FSC
1. General scope of the Terms of Service
1.1 All deliveries, services, cost estimates, and offers by the User for work on previously delivered
steam generators for the purpose of maintenance, repair, adjustment, setup, troubleshooting, or similar
(hereinafter referred to as “Service”) are made exclusively on the basis of these General Terms and Conditions of Service (GTC). These
are an integral part of all service contracts concluded by the User, Jumag Dampferzeuger GmbH (hereinafter referred to equally as “we” or “Contractor”), with its contractual partners (hereinafter also referred to as “Client” or
“Customer”).
1.2 These GTC apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Client
or third parties shall not apply, even if the User does not specifically object to their validity in individual cases. Even
if the User refers to a letter containing or referring to the terms and conditions of the Client or a third party, this does not constitute consent to the validity of those terms and conditions.
1.3 Additions and amendments to the agreements made, including these General Terms and Conditions of Service, must be made in writing to be effective.
2. Execution of the work
2.1 Unless expressly agreed otherwise, all work under this contract will be performed Monday to Friday between
8:00 a.m. and 5:00 p.m. This excludes public holidays.
2.2 If, at the client’s request, we perform services outside the hours specified in Section 2.1, we will separately invoice any additional costs incurred (such as overtime costs and emergency service fees, etc.) at the currently applicable rates.
2.3 In the event of an on-site performance impediment for which we are not responsible, we may adapt or interrupt our services.
Performance impediments include, for example, a lack of occupational safety at the site, inadequate utility supply, and the inability to shut down the system without interrupting production. If the client fails to eliminate the performance impediments
within a reasonable, acceptable waiting period, the performance of the service shall be deemed impossible, and Section 2.5 shall apply accordingly. The client shall bear all additional costs incurred as a result.
2.4 When planning assignments, we reserve the right to split services and provide them at staggered times, provided this is reasonable for the
client.
2.5 If a separate trip is required at the client’s request, we will invoice these additional expenses.
2.6 If, after three attempts to arrange an appointment, we are unable to arrange an individual appointment according to the client’s specifications, we reserve the right to invoice any travel expenses incurred.
2.7 If on-site troubleshooting is expressly agreed upon, 1) a telephone troubleshooting session between JUMAG Telephone Support and the client must have taken place beforehand, and 2) any subsequent on-site appointment must provide the opportunity to troubleshoot the system, in particular access to the system, the ability to shut down the system, work on the system, and conduct test runs. Following instructions from JUMAG Telephone Support, the cleaning work specified in the system documentation or instructed by JUMAG Telephone Support (e.g., cleaning the water level control float) must be carried out beforehand, and the operating behavior must be checked, possibly accompanied by a telephone call.
2.8 If system components (measuring and control devices included in the JUMAG scope of delivery, JUMAG pressure reducing station, etc.) or components that require readings according to their intended purpose (water meters, gas meters, pressure gauges, etc.) are installed at the installation site outside the line of sight of the steam generators, the client must provide assistance if necessary and bear any costs incurred.
3. Obligations of the client
3.1 The Client must comply with the statutory, regulatory, and professional association regulations for the operation of steam generators. This applies equally to owners, operators, trained personnel, and users.
3.2 In the event of malfunctions, the Client must immediately shut down the affected system and notify us. In the event of a hazardous situation, the Client must adequately secure the hazardous area.
3.3 The Client is responsible for ensuring proper and safe access to the system operating rooms and system components. In particular, the Client must provide safe ladders, scaffolding, etc., to enable safe access to the system components. System components will only be inspected if the Client complies with or provides all measures required by applicable occupational health and safety regulations to protect our service staff and our agents.
3.4 Our employees and agents must always be granted unhindered access to the systems and be provided with any requested information about the systems. Relevant documentation must be made available for inspection.
3.5 Maintenance, troubleshooting, and repairs (if individually agreed) may only be carried out by
us or our agents during the term of the contract. If third parties carry out such work without our consent,
we assume no warranty for this work.
3.6 Systems supplied by us and our technical processes and procedures are protected in various ways (in particular by patents,
copyrights, etc.). Reverse engineering is prohibited. Unauthorized use, in particular unauthorized disclosure to third parties, is prohibited and may give rise to liability for damages.
3.7 If on-site troubleshooting has been expressly agreed upon, 1) troubleshooting must first be conducted by telephone between JUMAG Telephone Support and the customer, and 2) during any subsequent on-site appointment, the possibility of troubleshooting, in particular access to the system, the possibility of shutting down the system, working on it, and conducting test runs, must be available. According to the instructions of JUMAG Telephone Support, the cleaning work specified in the system documentation or instructed by JUMAG Telephone Support (e.g., cleaning the float of the water level control) must be carried out beforehand, and the operating behavior must be checked, possibly accompanied by telephone.
3.8 If system components (measuring and control devices included in the Contractor’s scope of delivery, JUMAG pressure reducing station, etc.) or components that require readings according to their intended purpose (water meters, gas meters, pressure gauges, etc.) are installed at the installation site outside the line of sight of the steam generators, the Client shall provide assistants if necessary and shall bear any costs incurred.
4. Invoice and payment
4.1 The price is calculated based on the applicable fee within the contractor’s tariff range at the time the contract is concluded. In the event of changes to the fee, travel expenses, travel allowances, and hardship allowances, the contract price will be adjusted accordingly.
4.2 We are entitled to adjust the agreed price by the annual percentage change in the consumer price index of the Federal Statistical Office, available at destatis.de. The year of contract conclusion shall be considered the base year. The adjustment will take place on March 31 of the year following the last calculation of the annual consumer price index, i.e., for the consumer price index determined by December 31, on March 31 of the following year. This adjustment may lead to an increase or decrease in the agreed contract price in accordance with the change in the consumer price index.
4.3 If the consumer price index officially determined by the Federal Statistical Office has changed by more than 5% upwards or downwards in the base year since the conclusion of the contract or the date of the last adjustment, either contracting party may request a reasonable adjustment of the monetary payment owed by written declaration. The amount of the adjustment must be at least half of the change in the consumer price index stated in the first sentence and may under no circumstances exceed the change. The adjustment may be requested no earlier than the first day of the month following receipt of the adjustment request.
4.4 For contracts including burner maintenance, invoicing will be issued in advance upon conclusion of the contract or at the beginning of each calendar year (usually in January) to guarantee the client’s entitlement to a potentially agreed “24/7 emergency service.” Payment of the invoiced amount shall be subject to the terms and conditions stated in the contract.
4.5 If the Client requests services that go beyond those contractually agreed upon, we will invoice them individually based on the services rendered, in accordance with the Contractor’s current price list for services.
5. Contract duration, termination and interruption
5.1 The contract shall enter into force upon signing. The contract is concluded for a minimum term of 24 months
and may be terminated after the expiration of the minimum term in writing to the other party with a notice period of three months to the end of each year (unless expressly agreed otherwise).
If the warranty period is extended to five years, the Client and the Contractor have the option of adjusting the contract term to
the duration of the warranty period.
5.2. The Client undertakes to immediately notify the Contractor of any changes in the use of the facilities and the building.
Should such changes in the use of the facilities result in changes in the load on the facilities, the Contractor may
request a corresponding adjustment to the contract or terminate the contract.
5.3 Following technical modifications or modifications to the facilities, the Contractor may
request a corresponding adjustment to the contract or terminate the contract.
5.4 The right to extraordinary termination for good cause, in particular due to breaches of the obligations set forth in Section 3, remains unaffected.
5.5. If the equipment is shut down, the contract is suspended for the duration of the planned or agreed period. To maintain the technical operability of the equipment, downtime maintenance with an appropriately adjusted interval and a flat rate is recommended for the period of shutdown.
5.6 The Client must notify the Contractor in writing of the shutdown of the equipment.
5.7 If the equipment is permanently shut down or dismantled, the contract will automatically end at the end of the current calendar month in which the permanent shutdown or dismantling took place, provided the Contractor notifies us of this in writing three months in advance.
5.8 The Contractor may terminate this contract with immediate effect by giving the Client written notice if the obligation under Section 5.6 is violated.
6. Warranty
6.1 The limitation period for claims arising from this contract is determined by Section VIII of the General Terms and Conditions of the
Contractor, Jumag Dampferzeuger GmbH.
6.2 The warranty period pursuant to Section VIII of the General Terms and Conditions of the Contractor is extended to a total of 24 months if the Contractor is commissioned to maintain new systems and such a maintenance contract is concluded
within 10 weeks of delivery of the system.
If a maintenance contract with the Contractor for the maintenance of new systems sold by the Contractor is concluded within 10 weeks
of delivery of the system with a contract term of at least 5 years, the
warranty period pursuant to Section VIII of the General Terms and Conditions of the Contractor is extended to a total of 5 years.
The commencement of the extended warranty period is governed by the provisions of Section VIII of the General Terms and Conditions of the Contractor.
The extended warranty period is valid for a maximum of the duration of the concluded service contract, i.e., if, for example, the contract is terminated by one party before the end of the agreed term, the warranty period ends upon termination of the contract.
Decommissioning according to Section 5.6 is not taken into account when calculating the warranty period. The exclusions according to Sections 6.3, 6.4, 6.5, and 6.6 apply to any warranty extension.
6.3 The warranty extension shall not apply if the customer modifies the delivered system or has it modified by third parties without the consent of the seller or contractor, and this makes the rectification of defects impossible or unreasonably difficult.
In any case, the customer shall bear the additional costs of rectifying defects resulting from the modification.
6.4 Wear parts, in particular rotating parts, mechanically moving parts, electronically driven parts, and parts exposed to open flames, are excluded from the warranty period extension.
6.5 The warranty period is reduced to the 12 months agreed upon in Section VIII of the Contractor’s General Terms and Conditions if the Client operates or operates the system improperly, i.e., contrary to the operating and maintenance instructions specified in the manual (and the contracts concluded with the
Contractor).
6.6 The warranty extension does not apply to used systems sold to the Contractor; in this case, the warranty period pursuant to Section 6.1 applies.
If and to the extent that these General Terms and Conditions do not contain any provision, the Contractor’s current General Terms and Conditions shall apply in addition.
Subject to change/ as of: April 2023