Completed between client (hereinafter referred to as AG) and contractor (hereinafter referred to as JEKUSOL)
1.1 Since JEKUSOL is also referred to as the manufacturer, no dimensioning or planning work is carried out.
1.2 JEKUSOL is limited to the supply of mobile and stationary latent heat accumulators, and accessories.
1.3 Details of JEKUSOL in the catalogs, brochures and price lists, of employees etc.
can only be seen as basic installation guidelines
which does not relieve the AG of the need for detailed planning.
1.4 Our offers are non-binding.
2. Conclusion of contract
2.1 The contract is considered closed when JEKUSOL receives a
written order confirmation.
2.2 Objections to the order confirmation must be communicated in writing within 8 days.
2.3 Changes and additions to the contract must be made in writing in order to be valid
Confirmation by JEKUSOL.
2.4 The AG must obtain permits for the operation of the system.
2.5 The in documents as in catalogs, brochures, price lists and agreements, etc.
Information about weight, dimensions, price, performance and the like. are only binding if they are expressly referred to in the order confirmation, technical changes are reserved.
3. Delivery time
3.1 The delivery period begins with a) the date of fulfillment of all the Client’s responsibility
technical and commercial requirements; b) the amount to be paid
3.2 JEKUSOL is entitled to carry out partial and pre-delivery deliveries.
3.3 If the delivery is delayed by a circumstance on the part of JEKUSOL, a reasonable extension of the delivery period shall be granted.
3.4 If the Customer does not accept the goods provided in accordance with the contract at the contractually agreed place or at the contractually agreed time, JEKUSOL may demand performance or insist upon acceptance of the goods by setting a time limit.
4.1 The prices are valid, unless otherwise agreed, ex warehouse JEKUSOL including packaging. If the delivery is agreed with delivery, the prices are understood
without unloading and without contracts.
4.2 The prices are based on the costs at the time of the price. Should the
Change costs until the time of delivery, so these changes go
in favor or at the expense of the AG.
4.3 If work is delayed on site, e.g. at commissioning – by incomplete
Preparation of the system, the resulting additional costs will be charged.
5.1 Shipping is always at the risk of the AG. When leaving the goods
our warehouse passes all risk to the AG. The transport is to be insured by the AG.
Transport damage must be reported immediately in writing and at
Goods acceptance in writing. For hidden transport damage is
Reporting deadline of 72 hours from delivery.
5.2 The goods are shipped at the order or order confirmation
6.1 Payments are to be made in principle net without deduction.
6.2 If deviating payment terms have not been agreed upon by JEKUSOL in accordance with a written order confirmation, 75% of the purchase price is on order
(Receipt of order confirmation) payable, the remainder immediately upon delivery or by prepayment with proof.
6.3 The customer is not entitled to make payments for warranty claims or other
to withhold counterclaims not recognized by JEKUSOL.
6.4 If the client is in arrears with an agreed payment or other services, then
JEKUSOL can insist either on contract fulfillment and a) the fulfillment of his
own obligations until the payment of arrears or other payments
Defer benefits, b) a reasonable extension of the delivery period
c) pay the entire outstanding purchase price, d) from
Due date Compute default interest in the amount of 7.5% above the Bundesbank discount rate or declare withdrawal from the contract by granting a reasonable grace period.
7. Retention of title
7.1 Until complete fulfillment of all financial obligations of the AG reserves
the JEKUSOL the ownership of the object of purchase. The AG has the required
Comply with formal requirements for retention of title.
Extended validity also for goods connected with land, building or plant.
7.2 In the event of seizure or other claim, the Principal shall be held, which
To assert the property right of the contractor and to inform him immediately.
7.3 Our deliveries are not real estate and building accessories.
8. Commissioning / installation conditions
8.1 In the case of work outside normal working hours by JEKUSOL, the legal
Overtime premiums charged.
8.2 In the event of work interruptions that are not the fault of JEKUSOL, these or
invoiced the new posting.
8.3 Exclusion of warranty applies to commissioning despite other incomplete ones
Work or reservation by the contractor.
8.4 All travel expenses and travel time will be charged as normal working hours.
9. Arrangements of the AG
From the AG all preparations and measures are to be taken, which for the ordinary
Course of work are necessary. The AG ensures completion of all
Preparatory work to enable trouble-free commissioning.
10. Insurance and obsorge obligation of the AG
The client has to take care of all equipment and plant components brought in by JEKUSOL
take and are liable until completion of the work or the removal of this delivery
including force majeure for all damages or you
11. Certification and acceptance of the installation work
11.1 The working hours of the JEKUSOL are set by the AG for each day
Case to certify weekly.
11.2 The operator / AG is instructed on the occasion of the handover of the system
(Transfer of risk) even in the absence of the same. subsequent
Work or training will be charged. The installer of the system is obliged to provide the operator with the necessary warnings and maintenance instructions, including the safety data sheets, as well as to inform him of the information described in the safety data sheets and installation instructions.
In case of need of disposal of storage,
or storage components must comply with local environmental agency regulations and local disposal guidelines. These legal requirements must be obtained from the local authorities.
12.1 Justified warranty claims will be made at our option either
through replacement, repair or price reduction. Regardless of the duty to complain, which must be complied with, warranty claims expire at the latest within six months from delivery.
12.2 Warranty period: For deliveries of devices, we provide 2 years warranty from start-up, however, max. 27 months.
The place of fulfillment for warranty claims and claims for damages is the registered office of the company.
An extension of the warranty period does not occur because of a correction of defects
12.3 The technical requirements regarding plant design and construction of
Heat storage, heat source system and heat recovery system in example
Manual or operating manual contain common minimum requirements which
but can not claim to be complete. Attention to
It is assumed that the state of the art in all concerned trades is complied with,. at
Failure to do so will automatically result in the exclusion of warranty.
12.4 For corrosion due to non-equivalent
Water quality or foreign built-in parts is the warranty excluded.
Compliance with the water qualities must be proven.
When storing, the corrosion protection anode has to be maintained. rust
can occur on all parts that are exposed to the atmosphere.
12.5 Exclusion of warranty applies for non-use of original accessories such as accumulators, change-over valves, etc., which meet the requirements of JEKUSOL
not comply with, or unusual or unforeseen use, as well as in the case of inadequate installations such as inadequate flow rates or system pressures, non-compliance with the installation and operating instructions, external
Control, intervention in regulation, contamination during construction, inadequate water quality, improper installation, intervention by third parties in the heat storage, wrong sizing or incorrect direction of the heat source system. JEKUSOL is not liable for frost damage to the mobile and stationary storage systems supplied by you. The client is obliged to fully protect the system against frost damage.
For mobile storage solutions that are subject to a break in use, suitable measures such as antifreeze must be added, drain water or additional heating be taken. In this case, ubiquitous storage temperatures above the frost protection limit must be ensured or the water must be drained off!
12.6 An extension of the warranty can be purchased (details see
12.7 For commissioning subject to reservation or commissioning by not in writing
authorized persons expires any warranty claim.
12.8 The commissioning of the storage facility by JEKUSOL means no transition
liability for any defects in the system.
12.09 For operating costs no responsibility is taken over, since these of
Plant configuration, building, weather, user behavior and regulation
12.11 Not according to the installation and installation guidelines
Performed installations lead to warranty and
12.12 Returned goods are only accompanied by a copy issued by JEKUSOL
Return delivery note permitted. Returns the without
Goods returned delivery note, will not be accepted by JEKUSOL or sent back unfree.
12.13 Heat storage, accessories or spare parts already delivered according to the order
can not be withdrawn.
13.1 A liability on our part from the title of the compensation exists only if we are shown gross negligence and at least not for consequential damages of any kind. Claims for damages against us within six months from knowledge of damage and damage but in any case 26 months from delivery.
14. Place of fulfillment and jurisdiction
The registered office of JEKUSOL GmbH is the place of fulfillment for payments. For all disputes arising directly or indirectly from the contractual relationship, the jurisdiction for the seat of the competent court of JEKUSOL GmbH is agreed.
However, JEKUSOL is entitled to another, court
15. Severability clause
It is understood that the partial nullity of individual points from these
Terms of delivery not to the total invalidity of the general terms of delivery