Quotation Part 2

2.  Part II

2.1        General Terms and Conditions

2.1.1 Basis of our Quote

We expressly want to point out that basis of our calculation is the included functional description as well as the scope of supply.

Additional parts of the system or parts which do not meet the standard BLEICHERT will be charged separately.

2.1.2 Regulations

Design of the systems is made according to DIN, VDE, VDI as well as the general regulations for equipment safety and prevention of accidents.

2.1.3 Pricing

The prices offered are valid only for the whole scope of supply.

In case individual parts are realized, a new calculation will have to be made. The prices are subject to execution of the order on time acc. to schedule.

Supply of services is exclusively made on the basis of our “General Terms of Delivery and Payment” unless otherwise stated.

2.1.4 Public Charges

All public charges (taxes, fees, customs duties etc.) that are incurred from or in connection with the conclusion or handling of the contract, in particular outside of the Federal Republic of Germany, have not been taken into consideration in the prices and shall be borne by the purchaser.

This for example applies to the legal value-added tax which accrues according to the regulations of the relevant country in which the place of performance subject to local turnover tax law (business premises) is located.

The costs of any return transport or utilization of any packaging have not been taken into consideration, either, and/or shall be borne by the purchaser according to the regulations of the EU Packaging Ordinance.

2.2        Handling of Orders

2.2.1 Project Management

The responsible handling of our scope of delivery and performance and the coordination of all the activities necessary on our part is done by the contractor.

The Project Manager is named by us upon receipt of the order. The sequence of the order handling is shown in the schedule.

The prerequisite for the technically qualified and punctual handling of the project is the quantity structure with which the implementation of the system is specified. Amendments requested during the projecting phase require joint agreement. Essential alterations deviating from the concept can only be agreed in writing, in particular if postponements and/or additional expenditure are inevitable as a result.

2.3        Cooperation with the Client

2.3.1Project Documents

In order to enable a sequence according to schedule, we presuppose, in the event of an order, that we will receive all the information necessary for unproblematic handling no later than two weeks after receipt of the order.

This particularly relates to:

• drawings of the goods to be conveyed
• drawings of the interfering equipment
• approval lists for switching elements and drives
• painting
• final sequence of function

2.3.2 Cooperation of the Client

The client appoints responsible employees to answer questions during the entire term of the project. The client ensures that the employees named are available in accordance with the project requirements.

2.3.3 Remote diagnostic access

Until the end of the warranty period, the customer must provide the possibility for BLEICHERT to access all controllers and PCs via the Internet by remote diagnosis. Access must only be enabled for warranty work; no permanent access is required.

We adapt the technical solution to your requirements. Any costs incurred for remote maintenance access for licenses or additional hardware are not in this scope included.

2.4        Installation (if included in part I)

Installation is done according to the installation schedule presented before the start of installation. The installation manager deployed by the contractor is responsible for the building site and coordinates the activities contained in the scope of the order.

The orderer engages to provides its scope of service for the sequence of assembly stipulated by the demarcation of services without delay. The sequence for this is determined by the installation sequence or when it is adapted by the installation manager.

A prerequisite for the fulfilment of our deliveries and services, the realization of the final deadline and the start of warranty is that the prerequisites and services on the customer’s side are fulfilled on time and properly by or via the orderer.

The prerequisites and peripheral conditions for the installation are:

• The work is done within normal working hours, if not stated differently in part I.
• Masonry, fitting, caulking, painting, scaffolding and earth work as well as all platform and ceiling openings are done by the customer.
• Construction electricity is provided free of charge by the customer.
• Free provision of scrap containers including disposal.
• It is presupposed that the personnel which is to monitor and attend to the plant later is available in assembly.
• Services by the customer are free of charge for the contractor as a matter of principle.
• No impeding and interruptions of the assembly by any services to be rendered by the customer.
• Adequate possibilities of positioning personnel and material containers as well as storage areas in the vicinity of the system to be erected.
• Use of changing and sanitary provisions.
• Connections for telecommunication.
• Necessary entrance approval for the BLEICHERT assembly personnel or suppliers commissioned by BLEICHERT.

2.5        Commissioning (if contained in part I)

2.5.1 General

The commissioning of the plant is done in two phases:

1. Commissioning of set-up operation:

Input/output check of the plant periphery by testing the individual limit switches and command appliances as well as trial operation of the actuation and drive appliances including a test of the direction of rotation etc.

2. Commissioning of automatic operation:

In this phase, the planned automatic sequence of the conveying plant is tested.

2.6        Commissing Services

The commissioning entails the plant controls and contains the hardware with the appropriate power component, software and the peripheral appliances, e.g., transmitters, limit switches etc.

The necessary commissioning work is done within normal working hours. Other times must be negotiated separately. Obstacles and waiting time for which the contractor is not to be held answerable are charged separately.

2.7        Prerequisites of Commissioning

The following services to be rendered by the client are a prerequisite for a proper and unproblematic sequence of commissioning:

• sufficient original goods for conveying, in order to be able to carry out correct settings
• up-to-date information about the goods for conveying
• sufficient qualified and trained operating personnel
• a coherent sequence of commissioning free of disturbances
• sufficient and continuous availability of electricity, compressed air and lighting
• functional interfaces to the neighbouring systems
• the plant must be available continuously during the entire
• commissioning phase

2.8        Inspection

After completion of the assembly and commissioning, the contractor reports readiness for inspection to the client in writing. The inspection is to be done within 14 days.

Only delivery:

After delivery the inspection is to be done within 14 days.

The inspection by the final customer has priority over use of the plant. If the inspection cannot be done within the period stated despite announcement in good time for reasons for which the contractor is not to be held answerable, the inspection is deemed to have taken place with the expiry of the 14-day period.

With the start of productive use of the plant or parts of the plant, risk automatically passes.

2.9        Training (if contained in part I)

For training and instruction, the active cooperation of the operating and maintenance personnel of the client is recommended, at the latest in the last commissioning phase. The instruction entails the plant-specific part of the controls and can be done during the final phase of the commissioning. A prerequisite for the instructions is sufficient system knowledge on the part of the operating personnel. The personnel to be instructed is to be named and the training documented. The documentation provided acts as a training document.

Deviating sequences and contents of training are described in Part I.

2.10    BLEICHERT Standard Service Activities

• Availability of technical service staff on weekdays (from Monday to Friday) from 8.00 am to 5.00 pm.
• Our service technicians are at available at place as soon as possible, based on the scope of service.
• Storage for standard spare parts with express delivery service.

2.11    Warranty

The warranty period is valid 12 months after inspection or passage of risks, by running in 1- or 2-shift operation, latest upon 3 months after delivery.

The warranty shall not extend to the components and materials provided by the client nor to the work of the contractor’s personnel not forming the object of the order. The contractor shall assume no warranty for faulty work by the personnel provided by the client.

The warranty shall also not extend to natural wear and tear, damage occurring after passage of risk as a result of faulty or negligent treatment, excessive loads, unsuitable operating material, faulty construction work, unsuitable ground and influences not presupposed in accordance with the contract.

The faults are reported to the contractor by the client in writing immediately after they have been established. The contractor is to be granted a reasonable period for subsequent examination and rectification of the faults. The contractor has a right to repeated after-working.

Further claims of the client against the contractor shall be ruled out.

2.12    Liability

The contractor shall be liable for the damage to persons and property for which it is answerable up to an amount of € 2,500,000 per incident of damage. However, the contractor shall not be liable for loss of production, interruption of operation and/or loss of profits and other consequential damage.

In the event of damage to persons, the contractor shall be liable within the framework of statutory provisions. The contractor shall not be liable for the work of its personnel or other vicarious agents to the extent that the work is not connected with the service and to the extent that it has been arranged by the client without the approval of the contractor.

Any further liability of the contractor and its vicarious agents towards the client and its personnel shall be ruled out. This shall not apply, for example, in cases of malice aforethought or gross negligence.