of RUHE Biogas Service GmbH hereinafter subdivided into “General Terms and Conditions of Delivery”, “General Terms and Conditions of Installation” and “General Terms and Conditions of Repair” (as at: February 2021). ¹

General Terms and Conditions of Delivery (GTCD)

§ 1 General and scope of application

(1) These General Terms and Conditions of Delivery shall apply to the conclusion of contracts of RUHE Biogas Service GmbH (hereinafter “RBS”) with entrepreneurs (§14BGB) and the public sector.
(2) Deviating terms and conditions shall not become part of the contract, even if RBS does not expressly object to any references to such GTC.
(3) Even if RBS refers to a letter that contains or refers to the terms and conditions of the contractual partner, this does not constitute an agreement to the validity of these terms and conditions.
(4) The contracting party undertakes to treat all documents provided by RBS as strictly confidential and to make them accessible to third parties only with the written consent of RBS. RBS retains ownership of all offers, cost estimates, as well as drawings, illustrations, calculations, brochures, catalogs, models, tools and other documents and aids made available to the customer. Upon request, the Customer shall return these items in full to the Seller and destroy any copies made if they are no longer required by the Customer in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. Excluded from this is the storage of electronically provided data for the purpose of usual data backup.

§ 2 Conclusion of contract
(1) All offers of the Seller are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period. Orders or commissions can be accepted by the seller within 14 days.
(2) The legal relationship between the Seller and the Customer shall be governed solely by the contract concluded in writing, including these GTC. This shall fully reflect all agreements on the subject matter of the contract between the contracting parties. Verbal promises made by the seller prior to the conclusion of this contract are not legally binding and verbal collateral agreements are replaced by the written contract, unless it is expressly stated in each case that they continue to be binding.
(3) Supplements and amendments to the agreements made, including these GTC, must be in writing to be effective. In order to comply with the written form, the transmission by telecommunication, in particular by e-mail, shall be sufficient, provided that a copy of the signed declaration is transmitted.

§ 3 Prices and terms of payment
(1) In the absence of a separate individual contractual agreement, all prices shall apply “ex works” including loading at the factory, but excluding packaging and unloading. Value added tax at the statutory rate applicable at the time shall be added to the prices.
(2) If the individual contract does not contain any separate provisions between the parties in written form
(based on Verband Deutscher Maschinen- und Anlagenbau e. V. (2016)), invoice amounts are to be paid within eight days without any deductions. The date of receipt by the seller is decisive for the date of payment. Payment by check is excluded unless separately agreed in the individual contract. If the customer does not pay when due, the outstanding amounts shall be subject to interest at 5% p.a. from the due date; the right to claim higher interest and further damages in the event of default shall remain unaffected.
(3) The Purchaser shall only be entitled to set off counterclaims if such counterclaims are undisputed, acknowledged or have been finally determined by a court of law.
(4) The Seller shall be entitled to perform or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, circumstances become known to the Seller which are likely to substantially reduce the creditworthiness of the Customer and as a result of which payment of the Seller’s outstanding claims by the Customer under the respective contractual relationship is jeopardized.

§ 4 Delivery and transfer of risk
(1) The delivery date results from the order confirmation by the Seller and is always only approximate, unless a fixed date has been expressly promised or contractually assured.
(2) Unless otherwise agreed, all services shall be provided by the Seller “ex works”. Any shipment shall be for the account and at the risk of the Purchaser, unless otherwise agreed.
(3) Partial deliveries on the part of the Seller are permitted, provided that this is reasonable for the Purchaser.
(4) The delivery period shall be deemed to have been complied with if the delivery item has left the Supplier’s works or notification of readiness for dispatch has been given by the time the delivery period expires.
(5) If the Seller has given notice of readiness for shipment and intends to deliver but cannot do so for reasons for which the Purchaser is responsible, the Seller shall be entitled to charge 0.2% of the net order value per week in storage costs from the day of readiness for shipment notified in the notice. A lump sum of 1.5% of the order value net shall be charged for the (one-time) relocation of the subject matter of the contract. The seller is entitled, but not obliged, to store contractual items against costs.
(6) If the Purchaser remains in default with the acceptance of the Contractual Objects, the Seller shall be entitled, but not obliged, to dispose of the Contractual Objects elsewhere after the expiry of four weeks from the notification of readiness for dispatch. If the Seller incurs financial damages as a result (such as lower purchase price, conversion costs, etc.), the Purchaser shall bear these.
(7) If the Purchaser is in arrears with the acceptance of the Contractual Objects for more than eight weeks despite having been granted a grace period, the Seller shall be entitled to withdraw from the contract and to claim damages for non-performance. The compensation for damages is 25% of the total price net. The seller reserves the right to prove a higher damage, which the customer then has to pay. Dem
The customer reserves the right to prove a lower damage, he is then only obliged to pay the lower damage.
(8) In any case of force majeure (natural disasters, pandemics, etc.), the delivery periods shall be automatically extended, provided that the unforeseen obstacles are beyond the Seller’s control. The Seller shall inform the Purchaser appropriately in this respect.
(9) The Seller shall be entitled to make changes to the design or form of the delivery item, provided that this does not result in any technical disadvantages for the Purchaser and this is reasonable for the Purchaser.
(10) If the Seller owes further services in addition to the delivery of delivery items (assembly, repair, etc.), the respective provisions of the individual contract shall apply.

§ 5 Retention of title
(1) All contractual items shall remain the property of the Seller until all claims have been settled by the Purchaser. The retention of title shall also remain in force for additional ancillary services owed, e.g. due to repairs, spare parts deliveries or other services.
(2) The Purchaser shall be entitled to process Contractual Objects in the ordinary course of business. A sale is only permissible if the purchase price has been paid in full to the seller or the seller has agreed in writing to a sale prior to full payment.
(3) In the event of conduct by the Purchaser in breach of the contract, in particular in the event of default in payment, the Supplier shall be entitled to take back the delivery item after issuing a reminder and the Purchaser shall be obliged to surrender it.
(4) On the basis of the retention of title, the Supplier may only demand the return of the delivery item if it has withdrawn from the contract.
(5) The application for the opening of insolvency proceedings shall entitle the Supplier to withdraw from the contract and to demand the immediate return of the delivery item.

§ 6 Warranty and material defects
(1) The warranty shall be one year from delivery or, if acceptance is required, from acceptance.
(2) The delivered items shall be inspected carefully immediately after delivery to the Customer or to the third party designated by the Customer. With regard to obvious defects or other defects that would have been recognizable in the course of an immediate, careful inspection, they shall be deemed to have been approved by the Buyer if the Seller does not receive a written notice of defects within seven working days after delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the Purchaser if the notice of defect is not received by the Seller within seven working days after the point in time at which the defect became apparent; however, if the defect was already apparent to the Purchaser at an earlier point in time during normal use, this earlier point in time shall be decisive for the commencement of the period for giving notice of defect. At the request of the Seller, a rejected delivery item shall be returned to the Seller freight prepaid. In the event of a justified complaint, the Seller shall reimburse the costs of the most favorable shipping route; this shall not apply insofar as the costs increase because the delivery item is located at a place other than the place of intended use.
(3) In the event of material defects of the delivered items, the Seller shall first be obliged and entitled to rectify the defect or to make a replacement delivery at its discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, we may
the customer may withdraw from the contract or reduce the purchase price appropriately.
(4) In the event of defects in components of other manufacturers which the Seller cannot remedy for licensing or factual reasons, the Seller shall, at its option, assert its warranty claims against the manufacturers and suppliers for the account of the Customer or assign them to the Customer. In the event of such defects, warranty claims against the Seller shall only exist under the other conditions and in accordance with these General Terms and Conditions of Delivery if the legal enforcement of the aforementioned claims against the manufacturer and supplier has been unsuccessful or is futile, for example due to insolvency. For the duration of the legal dispute, the statute of limitations for the relevant warranty claims of the Customer against the Seller shall be suspended.
(5) The warranty shall lapse if the Customer modifies the delivery item or has it modified by a third party without the Seller’s consent and the rectification of defects is thereby rendered impossible or unreasonably difficult. In any case, the Customer shall bear the additional costs of remedying the defect resulting from the change.
(6) No liability shall be assumed in particular in the following cases: unsuitable or improper use, faulty assembly or commissioning by the Purchaser or third parties, natural wear and tear, faulty, negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable foundation soil, chemical, electrochemical or electrical influences – unless the Supplier is responsible for them.
(7) Any delivery of used items agreed with the Customer in individual cases shall be made to the exclusion of any warranty for material defects.

§ 7 Liability
(1) The Seller’s liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contractual negotiations and tort, shall be limited in accordance with the provisions of this § 7, insofar as fault is relevant in each case.
(2) The Seller shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Material contractual obligations are the obligation to deliver and install the delivery item in due time, its freedom from defects which impair its functionality or usability more than insignificantly, as well as consulting, protection and care obligations which are intended to enable the Customer to use the delivery item in accordance with the contract or which are intended to protect the life and limb of the Customer’s personnel or to protect the Customer’s property from significant damage.
(3) Insofar as the Seller is liable on the merits for damages pursuant to § 7 (2), this liability shall be limited to damages which the Seller foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which it should have foreseen by exercising due care. Indirect damage and consequential damage resulting from defects in the delivery item shall also only be compensable insofar as such damage is typically to be expected when the delivery item is used for its intended purpose.
(4) In the event of liability for simple negligence, the Seller’s obligation to pay compensation for damage to property and any further financial losses resulting therefrom shall be limited per case of damage (in accordance with the current coverage amount of its product liability insurance or liability insurance), even if this involves a breach of material contractual obligations.
(5) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of the Seller.
(6) Insofar as the Seller provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by the Seller, this shall be done free of charge and to the exclusion of any liability.
(7) The limitations of this § 7 shall not apply to the Seller’s liability for intentional conduct, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
(8) All claims of the Purchaser – for whatever legal reasons – shall become statute-barred after 12 months.

§ 8 Final provisions
(1) If the Purchaser is an entrepreneur or only counts as a public authority or if he has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the Seller and the Purchaser shall be the court having jurisdiction for the registered office of the Supplier. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
(2) The relations between the Seller and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany.
(3) Insofar as the contract or these General Terms and Conditions of Delivery contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery if they had been aware of the loophole.

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General Conditions of Assembly (AMB)

§ 1 General and scope of application
(1) These General Terms and Conditions of Erection shall apply to erection work undertaken by RBS GmbH (erection contractor) vis-à-vis entrepreneurs (§14 BGB) and the public sector, unless deviating agreements have been made in individual cases.
(2) By placing the order, the Purchaser acknowledges these Terms and Conditions of Assembly and their unconditional implementation. Deviating terms and conditions shall not become part of the contract, even if RBS does not expressly object to any references to such GTC.

§ 2 Assembly price
(1) The assembly is carried out acc. Appendix billed according to time calculation, unless a lump sum price is expressly agreed.
(2) The agreed amounts are exclusive of value-added tax, which shall be additionally paid to the installation contractor at the statutory rate.
(3) Invoices shall be paid upon receipt within eight days without any deduction, unless otherwise agreed in writing.
(4) The Purchaser shall only be entitled to set off counterclaims if such counterclaims are undisputed, acknowledged or have been finally determined by a court of law.

§ 3 Cooperation of the Purchaser
(1) The Purchaser shall support the assembly personnel in carrying out the assembly at its own expense.
(2) He shall take the special measures necessary for the protection of persons and property at the assembly site. He shall also inform the installation supervisor of any existing special safety regulations, insofar as these are relevant to the installation personnel. He shall notify the installation contractor of any violations of such safety regulations by the installation personnel. In the event of serious violations, he may, in consultation with the assembly supervisor, deny the violator access to the assembly site.
(3) For its part, the Customer shall comply with the statutory, official and trade association regulations and orders existing at the installation site and, if necessary, take measures to prevent accidents and to protect persons and property of the installation contractor.

§ 4 Technical assistance of the purchaser
(1) The Customer shall be obliged to provide technical assistance at its own expense, in particular to:
a. Provision of the necessary, suitable auxiliary personnel (fitters and other skilled workers, manual workers) in the number and for the time required for the installation; the auxiliary personnel shall follow the instructions of the installation supervisor. The installation contractor assumes no liability for the auxiliary workers. If a defect or damage has been caused by the auxiliary personnel due to instructions of the installation supervisor, § 7 and § 8 shall apply.
b. Carrying out all earthwork, construction, bedding and scaffolding work, including the procurement of the necessary building materials.
c. Provide necessary equipment and heavy tools (e.g., hoists, compressors, field forges) and necessary supplies and materials (e.g., scaffolding timbers, wedges, pads, cement, plaster and sealant materials, lubricants, fuels, driving ropes and belts).
d. Provision of heating, lighting, operating power, water, including the necessary connections.
e. Provision of necessary, dry and lockable rooms for the storage of the tools of the installation personnel.
f. Transporting the assembly parts at the assembly site, protecting the assembly site and materials from harmful influences of any kind, cleaning the assembly site.
g. Provision of suitable, theft-proof recreation rooms and work rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for the assembly personnel.
h. Provision of materials and performance of all other acts necessary for the adjustment of the item to be assembled and for the performance of a test as provided for in the contract.
(2) The technical assistance of the Purchaser shall ensure that the installation can be started immediately after the arrival of the installation personnel and can be carried out without delay until the acceptance by the Purchaser. If special plans or instructions of the installation contractor are required, the contractor shall provide them to the customer in due time.
(3) If the Purchaser fails to comply with its obligations, the installation Contractor shall be entitled, but not obliged, after setting a deadline, to perform the actions incumbent upon the Purchaser in the latter’s place and at the latter’s expense. Otherwise, the statutory rights and claims of the installation contractor shall remain unaffected.

§ 5 Assembly period, assembly delay
(1) The installation period shall be deemed to have been complied with if, by the time it expires, the installation is ready for acceptance by the Purchaser or, in the case of a contractually agreed trial run, for its performance.
(2) If no fixed date has been agreed, the information on the expected duration of the work shall represent non-binding performance dates.
(3) If the installation is delayed due to measures within the scope of labor disputes, in particular strikes and lockouts, as well as the occurrence of circumstances for which the installation contractor is not responsible, the installation period shall be reasonably extended insofar as such obstacles can be proven to have a significant influence on the completion of the installation.
(4) If the Customer sets the installation contractor – taking into account the statutory exceptions – a reasonable deadline for performance twice after the due date and if the deadline is not met, the Customer shall be entitled to withdraw from the contract within the scope of the statutory provisions. He undertakes to declare within a reasonable period of time, at the request of the installation contractor, whether he will exercise his right to withdraw from the contract. Further claims due to delay shall be determined exclusively in accordance with § 8 (3) of these terms and conditions.

§ 6 Acceptance
(1) The Purchaser shall be obligated to accept the installation as soon as it has been notified of its completion and any contractually stipulated testing of the installed item has taken place. If the assembly proves not to be in accordance with the contract, the assembly contractor shall be obliged to remedy the defect. This shall not apply if the defect is insignificant for the interests of the Purchaser or is due to a circumstance attributable to the Purchaser. If there is a non-substantial defect, the Purchaser may not refuse acceptance.
(2) If acceptance is delayed through no fault of the installation contractor, acceptance shall be deemed to have taken place after two weeks have elapsed since notification of completion of the installation.
(3) Upon acceptance, the liability of the installation contractor for recognizable defects shall cease, unless the customer has reserved the right to assert a specific defect.

§ 7 Claims for defects
(1) After acceptance of the assembly, the assembly contractor shall be liable for defects in the assembly to the exclusion of all other claims of the purchaser, notwithstanding (5) and (6) of this § 7 and § 8, in such a way that he shall remedy the defects. The Purchaser shall immediately notify the Contractor in writing of any defect discovered.
(2) The liability of the installation contractor does not exist if the defect is insignificant for the interests of the purchaser or is based on a circumstance that is attributable to the purchaser.
(3) In the event of any improper modifications or repair work carried out by the Purchaser or third parties without the prior approval of the Contractor, the Contractor shall not be liable for any consequences arising therefrom. Only in urgent cases of danger to operational safety and to avert disproportionate
major damage, in which case the installation contractor must be notified immediately, or if the installation contractor – taking into account the statutory exceptions – has allowed a reasonable deadline set for it to remedy the defect to expire fruitlessly, the customer shall be entitled, within the framework of the statutory provisions, to remedy the defect itself or have it remedied by third parties and to demand reimbursement of the necessary costs from the installation contractor.
(4) In the event of a justified complaint, the installation contractor shall bear the direct costs arising from the rectification of defects, insofar as this does not result in a disproportionate burden on the installation contractor.
(5) If the installation contractor – taking into account the statutory exceptions – allows a reasonable period of time set for him to remedy the defect to expire fruitlessly, the purchaser shall have a right to reduce the purchase price within the framework of the statutory provisions. Only if the installation is demonstrably of no interest to the Purchaser despite the reduction, the Purchaser may withdraw from the contract.
(6) Further claims shall be determined exclusively in accordance with § 8 (3) of these Terms and Conditions.

§ 8 Liability of the installation contractor, exclusion of liability
(1) If an assembly part supplied by the assembly contractor is damaged during assembly due to the fault of the assembly contractor, the latter shall, at its option, either repair it or supply a new one at its own expense.
(2) If the assembled item cannot be used by the Purchaser in accordance with the contract as a result of culpably omitted or faulty suggestions or advice given by the Contractor before or after conclusion of the contract, or as a result of culpable breach of other secondary contractual obligations – in particular instructions for operation and maintenance of the assembled item – the provisions of § 7 and § 8 (1) and (3) shall apply to the exclusion of any further claims by the Purchaser.
(3) The installation contractor shall only be liable – for whatever legal reasons – for damage that has not occurred to the installation object itself:
a. in case of intent,
b. in the event of gross negligence on the part of the owner / executive bodies or senior employees,
c. in case of culpable injury to life, body, health,
d. in the case of defects which he has fraudulently concealed,
e. insofar as liability exists under product liability law for personal injury or property damage to privately used objects,
f. within the framework of a guarantee commitment.
(4) In the event of culpable breach of material contractual obligations, the installation contractor shall also be liable in the event of gross negligence on the part of non-executive employees and in the event of slight negligence, in the latter case limited to reasonably foreseeable damage typical for the contract. Further claims are excluded.
(5) All claims of the Purchaser – on whatever legal grounds – shall become statute-barred after 12 months. The statutory time limits shall apply to claims for damages pursuant to § 8 (3) a-e. If the assembly contractor performs the assembly work on a building and thereby causes its defectiveness, the statutory periods shall also apply.

§ 9 Compensation of the Purchaser
If, through no fault of the installation contractor, the equipment or tools provided by him are damaged on the installation site or if they are lost through no fault of his, the customer shall be obliged to compensate for such damage. Damage due to normal wear and tear shall not be taken into account.

§ 10 Final provisions
(1) All legal relationships between the installation contractor and the customer shall be governed exclusively by the law applicable to the legal relationships of domestic parties.
applicable law of the Federal Republic of Germany among each other.
(2) The place of jurisdiction shall be the court responsible for the registered office of the installation contractor. However, the installation contractor shall be entitled to bring an action at the principal place of business of the customer.
(3) Insofar as the contract or these General Terms and Conditions of Erection contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Erection if they had been aware of the loophole.

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General Repair Conditions (ARB)

§ 1 General and scope of application
(1) These General Terms and Conditions of Repair shall apply to repairs undertaken by RBS GmbH vis-à-vis entrepreneurs (§14 BGB) and the public sector, unless otherwise agreed in individual cases.
(2) By placing an order, the Customer acknowledges these Repair Terms and Conditions and their unconditional implementation. Deviating terms and conditions shall not become part of the contract, even if RBS does not expressly object to any references to such GTC.

§ 2 Conclusion of contract, information obligations, safety instructions
(1) If an uncontradicted written order confirmation is available, it shall be authoritative for the content of the contract and the scope of the repair.
(2) If the object to be repaired has not been delivered by the Contractor, the Customer shall point out any existing industrial property rights with regard to the object; provided that the Contractor is not at fault, the Customer shall indemnify the Contractor against any claims of third parties arising from industrial property rights.
(3) The Customer shall inform the Contractor in writing and in good time of any contamination, any residues in the items to be repaired that may be hazardous to health, as well as transport risks and any other repair-related measures to be taken.

§ 3 Non-feasible repair
(1) The services rendered for the purpose of submitting a cost estimate as well as the further expenses incurred and to be substantiated (troubleshooting time equal to working time) shall be invoiced to the Customer if the repair cannot be carried out for reasons for which the Contractor is not responsible, in particular because:
a. the defect complained of did not occur during the inspection,
b. Spare parts cannot be obtained,
c. the customer has culpably missed the agreed deadline,
d. the contract has been terminated during its implementation.
(2) The object of repair need only be restored to its original condition at the express request of the Customer against reimbursement of the costs, unless the work performed was not necessary.
(3) In the event of repairs that cannot be carried out, the Contractor shall not be liable for damage to the object of repair, the breach of ancillary contractual obligations and for damage that did not occur to the object of repair itself, regardless of the legal basis
the customer invokes. The liability provisions of § 12 (3) of these Terms and Conditions shall apply accordingly.

§ 4 Cost information, cost estimate
(1) As far as possible, the Customer shall be given the estimated repair price upon conclusion of the contract, otherwise the Customer may set cost limits. If the repair cannot be carried out at these costs or if the Contractor deems it necessary to carry out additional work during the repair, the Customer’s consent shall be obtained if the stated costs are exceeded by more than 15%.
(2) If a cost estimate with binding price estimates is desired before the repair is carried out, this must be expressly requested by the customer. Unless otherwise agreed, such a cost estimate shall only be binding if it is submitted in writing. It is to be remunerated. The services rendered for the purpose of submitting the cost estimate shall not be charged to the customer insofar as they can be utilized in the performance of the repair.

§ 5 Price and payment
(1) The Contractor shall be entitled to demand a reasonable advance payment upon conclusion of the contract.
(2) When invoicing the repair, the prices for parts used, materials and special services as well as the prices for labor, travel and transport costs shall be shown separately in each case. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate shall suffice, whereby only deviations in the scope of services shall be specifically listed.
(3) Value added tax shall be charged additionally to the customer at the respective statutory rate.
(4) Any correction of the invoice on the part of the Contractor and any complaint on the part of the Customer must be made in writing no later than four weeks after receipt of the invoice.
(5) Payment shall be made upon acceptance and handing over or sending of the invoice without discount.
(6) The withholding of payments due to any counterclaims of the Customer disputed by the Contractor shall not be permitted.
(7) Offsetting due to any counterclaims of the Customer from other legal relationships disputed by the Contractor shall not be permitted.

§ 6 Cooperation and technical assistance of the Customer in case of repair outside the Contractor’s works
(1) The Customer shall support the repair personnel in carrying out the repair at its own expense.
(2) The Customer shall take the special measures necessary for the protection of persons and property at the repair site. He shall also inform the repair supervisor of existing special safety regulations, insofar as these are relevant to the repair personnel. He shall notify the Contractor of violations of such safety regulations by the repair personnel. In the event of serious violations, he may, in consultation with the repair manager, deny the violator access to the repair site.
(3) The customer is obliged to provide technical assistance at his own expense, in particular to:
a. Provide the necessary appropriate relief personnel in the number and for the time required for the repair; the relief personnel shall follow the instructions of the repair supervisor. The contractor does not assume any liability for the auxiliary staff. If a defect or damage has been caused by the auxiliary staff due to instructions of the repair manager, the provisions of § 11 and § 12 of these Terms and Conditions shall apply accordingly.
b. Carrying out all construction, bedding and scaffolding work, including procurement of the necessary building materials.
c. Provision of the necessary devices and heavy tools as well as the necessary commodities and materials.
d. Provision of heating, lighting, operating power, water, including the necessary connections.
e. Provide necessary, dry, and lockable space for storage of repair personnel’s tools.
f. Protection of the repair site and materials from harmful influences of any kind, cleaning of the repair site.
g. Provision of suitable, theft-proof recreation rooms and work rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for repair personnel.
h. Provision of materials and performance of all other acts necessary for the adjustment of the object of repair and for the performance of a test as provided for in the contract.
(4) The Customer’s technical assistance must ensure that the repair can be started immediately after the arrival of the repair personnel and carried out without delay until the Customer’s acceptance. If special plans or instructions of the Contractor are required, the Contractor shall make them available to the Customer in due time.
(5) If the Customer does not comply with its obligations, the Contractor shall be entitled, but not obliged, after setting a deadline, to perform the actions incumbent on the Customer in its place and at its expense. Otherwise, the Contractor’s statutory rights and claims shall remain unaffected.

§ 7 Transport and insurance in case of repair at the Contractor’s works
(1) Unless otherwise agreed in writing, any delivery and removal of the object of repair carried out at Customer’s request – including any packaging and loading – shall be carried out at Customer’s expense, otherwise the object of repair shall be delivered to Contractor by Customer at Customer’s expense and shall be collected again by Customer after the repair has been carried out at Contractor.
(2) The customer shall bear the transport risk.
(3) At the customer’s request, the outward and, if applicable, the return transport shall be insured against insurable transport risks, e.g. theft, breakage, fire, at the customer’s expense.
(4) There shall be no insurance coverage during the repair time at the Contractor’s works. Customer shall ensure that the existing insurance coverage for the object of repair is maintained, e.g. with regard to fire, tap water, storm and machine breakage insurance. Insurance cover for these risks can only be procured at the express request and expense of the customer.
(5) If the Customer is in default of acceptance, the Contractor may charge storage fees for storage in its plant. The object of repair may also be stored elsewhere at the discretion of the Contractor. The costs and risk of storage shall be borne by the customer.

§ 8 Repair period, repair delay
(1) The information on repair times is based on estimates and is therefore not binding.
(2) The Customer may only demand the agreement of a binding repair period, which must be designated as binding, when the scope of the work has been precisely determined.
(3) The binding repair period shall be deemed to have been complied with if the object to be repaired is ready for acceptance by the Customer by the time it expires, or, in the case of a contractually agreed trial run, for its performance.
(4) In the case of additional and extension orders placed at a later date or in the case of necessary additional repair work, the agreed repair period shall be extended accordingly.
(5) If the repair is delayed due to measures within the scope of labor disputes, in particular strikes and lockouts, as well as the occurrence of circumstances for which the Contractor is not responsible, a reasonable extension of the repair period shall occur insofar as such obstacles can be proven to have a significant influence on the completion of the repair.
(6) If the Customer sets the Contractor – taking into account the statutory exceptions – a reasonable deadline for performance twice after the due date and if the deadline is not met, the Customer shall be entitled to rescind the contract within the scope of the statutory provisions. He undertakes to declare within a reasonable period of time, at the request of the installation contractor, whether he will exercise his right to withdraw from the contract. Further claims due to delay shall be determined exclusively in accordance with § 12 (3) of these Terms and Conditions.

§ 9 Acceptance
(1) Customer shall be obligated to accept the repair work as soon as it has been notified of its completion and any contractually stipulated testing of the object of repair has taken place. If the repair proves not to be in accordance with the contract, the Contractor shall be obliged to remedy the defect. This shall not apply if the defect is insignificant for the interests of the customer or is due to a circumstance attributable to the customer. If there is a non-substantial defect, the customer may not refuse acceptance.
(2) If acceptance is delayed through no fault of the Contractor, acceptance shall be deemed to have taken place two weeks after notification of completion of the repair.
(3) Upon acceptance, the Contractor’s liability for recognizable defects shall cease, unless the Customer has reserved the right to assert a specific defect.

§ 10 Retention of title, extended lien
(1) The Contractor shall retain ownership of all accessories, spare parts and replacement aggregates used until receipt of all payments under the repair contract. Further security agreements can be made.
(2) The Contractor shall be entitled to a lien on the Customer’s repair item that has come into its possession on the basis of the contract on account of its claim under the repair contract. The right of lien may also be asserted on account of claims arising from work carried out earlier, deliveries of spare parts and other services, insofar as they are connected with the object of repair. For other claims arising from the business relationship, the right of lien shall only apply insofar as these are undisputed or legally binding.

§ 11 Claims for defects
(1) After acceptance of the repair, the Contractor shall be liable for defects of the repair to the exclusion of all other claims of the Customer without prejudice to (5) and (6) and § 12 of these Terms and Conditions in such a way that the Contractor shall remedy the defects. The Customer shall immediately notify the Contractor in writing of any defect discovered.
(2) The Contractor shall not be liable if the defect is insignificant for the interests of the Customer or is due to a circumstance attributable to the Customer. This applies in particular with regard to parts provided by the customer.
(3) In the event of any improper modifications or repair work carried out by the Customer or third parties without the prior consent of the Contractor, the Contractor’s liability for the resulting consequences shall be cancelled. Only in urgent cases of danger to operational safety and to prevent disproportionate damage, in which case the Contractor must be notified immediately, or if the Contractor – taking into account the statutory exceptions – has allowed a reasonable period set for it to remedy the defect to expire fruitlessly, shall the Customer have the right, within the framework of the statutory provisions, to remedy the defect itself or have it remedied by third parties and to demand reimbursement of the necessary costs from the Contractor.
(4) In the event of a justified complaint, the Contractor shall bear the direct costs arising from the rectification of defects, insofar as this does not result in a disproportionate burden on the Contractor.
(5) If the Contractor – taking into account the statutory exceptions – allows a reasonable deadline set for it for the rectification of defects to expire fruitlessly, the Customer shall have a right of reduction within the framework of the statutory provisions. Only if the repair is demonstrably without interest for the customer despite the reduction, the customer can withdraw from the contract.
(6) Further claims shall be governed exclusively by § 12 (3) of these Terms and Conditions.

§ 12 Liability of the Contractor, Exclusion of Liability
(1) If parts of the object to be repaired are damaged through the fault of the Contractor, the Contractor shall, at its option, repair, re-deliver or replace them at its own expense. In the event of slight negligence and gross negligence on the part of non-managerial staff, the costs to be incurred for this purpose shall be borne by the company.
employee shall be limited in amount to the contractual repair price. In addition, liability for damage to the object of repair shall be assumed in accordance with § 12 (3) of these Terms and Conditions.
(2) If the object to be repaired cannot be used by the Customer in accordance with the contract as a result of culpably omitted or faulty suggestions or advice given by the Contractor before or after conclusion of the contract, or as a result of culpable breach of other secondary contractual obligations – in particular instructions for operation and maintenance of the object to be repaired – the provisions of § 11 and § 12 (1) and (3) of these Terms and Conditions shall apply to the exclusion of further claims by the Customer.
(3) The Contractor shall only be liable – for whatever legal reasons – for damage that has not occurred to the object of repair itself:
a. in case of intent,
b. in the event of gross negligence on the part of the owner / executive bodies or senior employees,
c. in case of culpable injury to life, body, health,
d. in the case of defects which he has fraudulently concealed,
e. insofar as liability exists under product liability law for personal injury or property damage to privately used objects,
f. within the framework of a guarantee commitment.
In the event of culpable breach of material contractual obligations, the Contractor shall also be liable in the event of gross negligence of non-executive employees and in the event of slight negligence, in the latter case limited to reasonably foreseeable damage typical for the contract. Further claims are excluded.
(4) All claims of the Customer – for whatever legal reasons – shall become statute-barred after 12 months. The statutory time limits shall apply to claims for damages pursuant to § 12 (3) a-e of these Terms and Conditions. If the Contractor performs the repair work on a structure and thereby causes its defectiveness, the statutory time limits shall also apply.

§ 13 Substitute performance of the customer
If, during repair work outside the Contractor’s works, the equipment or tools provided by the Contractor are damaged at the repair site through no fault of the Contractor, or if they are lost through no fault of the Contractor, the Customer shall be obliged to compensate for such damage. Damage due to normal wear and tear shall not be taken into account.

§ 14 Final provisions
(1) All legal relationships between the Contractor and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany applicable to the legal relationships between domestic parties.
(2) The place of jurisdiction shall be the court responsible for the Contractor’s registered office. However, the Contractor shall be entitled to bring an action at the principal place of business of the Customer.
(3) Insofar as the contract or these General Terms and Conditions for Repairs contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions for Repairs if they had been aware of the loophole.

Please direct any questions to:
Ruhe Biogas Service GmbH
Kötterheide 14
49456 Lüsche
moin@ruhe-biogas-service.de

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¹ Based on Verband Deutscher Maschinen- und Anlagenbau e. V. (2016).