Terms and Conditions
These terms and conditions govern the use of the website of Schweißer Spezialisten as well as the initiation and provision of project-based B2B services offered by amd Industriemonteure GmbH.
Provider
Heilbronner Straße 150
70191 Stuttgart
Deutschland
Phone: +49 (711) 49004-184
Email: info@amd-tec.com
Registered with the commercial register at Amtsgericht Stuttgart, HRB 742275
VAT ID: DE 285690776
§ 1 Scope
These terms and conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law.
Any deviating, conflicting or supplementary terms of the client shall become part of the contract only if their validity has been expressly confirmed in writing.
§ 2 Subject matter of the offering
Schweißer Spezialisten presents services relating to project-based support by qualified welders and comparable technical specialists. The website serves primarily for information purposes and for non-binding initial contact.
Information on the website, in particular regarding availability, deployment lead times, references or qualifications, does not constitute a legally binding offer unless expressly designated as binding.
§ 3 Enquiry, quotation and contract conclusion
Enquiries via the website, by email or by phone are non-binding. A contract is only concluded through an individual quotation, a written order confirmation or a separate project agreement issued by amd Industriemonteure GmbH.
The type and scope of the respective service are determined exclusively by the specific individual contract. This applies in particular to the deployment model, qualification profile, assignment duration, start date, place of deployment, hourly rates and billing arrangements.
§ 4 Client duties to cooperate
The client shall provide all information required for the initiation and execution of the project in good time and in full. This includes, in particular, information on welding processes, certificates, materials, drawings, quality requirements, safety specifications, working hours and place of deployment.
Unless otherwise agreed, the client remains responsible for project-specific and site-specific framework conditions, in particular occupational safety, briefings, access rules, approvals and the provision of the on-site infrastructure required.
§ 5 Prices, billing and payment terms
All prices are net prices plus the applicable statutory value-added tax. Only the terms agreed in the individual quotation or contract shall be decisive.
Unless otherwise agreed, invoices are due for payment within 14 days from the invoice date without deduction.
The client may exercise a right of retention or set-off only insofar as its counterclaims are undisputed, legally established or ready for decision.
§ 6 Qualification, deployment model and regulatory requirements
The selection of proposed specialists is based on the requirement profile communicated by the client and the capacities available at the time of the enquiry.
Information on qualifications, examinations and certificates is based on the evidence available and the internal review carried out as part of the respective staffing process. Project-specific suitability, approvals, acceptance or site-specific additional requirements remain unaffected.
Where services are provided within the framework of temporary agency work, the statutory provisions of the German Temporary Employment Act (AÜG) as well as the separate contractual documents concluded for this purpose shall apply in addition. In the event of contradictions, these shall take precedence over the general website terms and conditions.
§ 7 Liability
We are liable without limitation in cases of intent, gross negligence, injury to life, body or health and in cases of mandatory statutory liability.
In the event of slightly negligent breach of essential contractual obligations, liability is limited to the damage typically foreseeable. Essential contractual obligations are those obligations whose fulfilment is indispensable for the proper performance of the contract and on whose compliance the client may regularly rely.
Any further liability for damages is excluded to the extent permitted by law. This applies in particular to indirect damages, consequential damages, loss of profit or production downtime unless mandatory grounds for liability apply.
§ 8 Confidentiality and data protection
Both contracting parties shall treat all non-public commercial, technical and organisational information obtained in the course of the cooperation as confidential.
Personal data shall be processed exclusively in accordance with the applicable data protection laws. In addition, the privacy policy of this website in its current version shall apply.
§ 9 Final provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
If the client is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Stuttgart.
Should individual provisions of these terms and conditions be wholly or partially invalid or become invalid, the validity of the remaining provisions shall remain unaffected.