I. Non-performance of repairs/maintenance
1. Any services rendered to provide an estimate as well as any and all further documented expenses (time spent searching for defects equates to working time) shall be billed to the customer if the repair/maintenance cannot be performed for reasons beyond our control, particularly because – the defect in question was not apparent during the inspection, – spare parts cannot be procured, – the customer has culpably missed the agreed deadline, – the contract was terminated during the performance of services.
2. The item being repaired/maintained only has to be restored to its original condition at the customer’s express request and in exchange for the reimbursement of the costs, unless the work undertaken was not necessary.
3. If the repair/maintenance cannot be performed, we shall not be liable for damage to the item being repaired/maintained, for the breach of secondary contractual obligations or for damage that did not occur to the item being repaired/maintained itself, regardless of the legal basis that may be cited by the customer. This exclusion of liability shall not apply in the event of intent, gross negligence on the part of the owner or executive employee, or the culpable breach of essential contractual obligations. In the event of the culpable breach of essential contractual obligations, we shall only be liable for reasonably foreseeable damage that is typical for this type of contract, except in cases of intent or gross negligence on the part of the owner or executive employee.
II. Additional provisions
1. The customer shall deliver the item being repaired at their own risk and expense.
2. The customer shall attach a declaration of contamination to any and all items being repaired. This declaration shall be affixed to and easily accessible on the outside of the package.