Terms and Conditions – Terms of Customer Service
These terms of customer service become effective when the customer authorises the technician to start working.
- Obligations of service technicians
The service technician performs the tasks assigned to him. Any overtime work within the scope permitted by law is subject to surcharge. For overtime rates please see our price list.
- Rights of service technicians
A service technician does not have the right to make legally binding statements or acccept payments.
- Assistance by the customer
The assistance by the customer has the purpose of ensuring that the service technician is able to begin working immediately upon arriving. The customer should provide any aids required. Any assistance by the customer is at his own expense.
- Service rates
For the current rates please see our price list, “rates for service technicians”.
- Warranty RSV Service GmbH shall remedy any defects in its work for a period of 12 months from the date of acceptance by the customer. This remedial period shall become void if the customer fails to notify RSV of any defects immediately upon detection. Warranty claims shall become void if the customer attempts to repair any defects without our authorisation.
Any work undertaken as part of the customer service shall be deemed properly completed with the customer's signing of the service report.
- Additional expenses
If a service technician visits several customers in one trip, any costs for accommodation, travelling time and distance, and expenses shall be calculated pro rata. Any costs for public transportation shall be borne by the customer without surcharge.
Terms and Conditions – Terms of Sales
By placing an order, a customer agrees that our terms of delivery and payment apply exclusively. This shall also apply to future business transactions without explicit mention, if these terms and conditions have been delivered to the customer in the course of an earlier order confirmed by us. If an order contains terms of delivery or payment different from ours, our terms of payment and delivery shall apply exclusively even without our objecting to the different terms. Any alterations to these terms and conditions shall be deemed inapplicable without our explicit written approval.
The contract shall be governed and construed exclusively under the law of the Federal Republic of Germany, in particular the BGB (Civil Code) and the HGB (Commercial Code).
The place of venue for any disputes shall be either the court with jurisdiction over our headquarters or Frankfurt/Main, at our discretion.
In case of a default in payments by the buyer, all outstanding payments shall become due immediately.
The buyer shall not have the right to offset our claims against claims of his own, unless such claims are undisputed or have been confirmed by a court of law. The buyer shall not have a right of retention unless it arises from the same contractual transaction, or it is undisputed, or it has been confirmed by a court of law.
Retention of title:
(1) The seller shall retain the title in the goods until all payments (including current account balance claims) due from the buyer to the seller on whatever legal grounds, at present or in the future, have been made in full. Any conversions or alterations shall be made for the buyer as the manufacturer, yet without obligation to him. Should the title of the seller become void due to the goods’ integration into a system, the seller and the buyer hereby agree that the buyer’s title in the overall system be transferred pro rata to the seller. The buyer shall store the property of the buyer free of charge. In the following, goods in which the seller retains a title will be referred to as ‘goods under retention of title’.
(2) The buyer shall have the right to process and/or sell any goods under retention of title as part of his usual business, unless the buyer is in default on his payments. The buyer shall not have the right to pledge any goods under retention of title as security or collateral. The buyer hereby cedes to the seller as security any and all receivables due to him with respect to the goods under retention of title from their resale or on any other legal grounds. The seller hereby authorises the buyer irrevocably to collect any receivables ceded to the seller, in the buyer’s own name and to the account of the seller. This right to collect outstanding payments shall become revocable only if the buyer is in default on his payments.
(3) In case of a third party’s seizing the goods under retention of title, in particular by means of distraint, the buyer shall inform the third party of the seller’s title in the goods and immediately notify the seller in order to enable the seller to enforce his rights of ownership. If the third party is unable to compensate the seller for any legal or extra-legal costs arising from this matter, the buyer shall be liable for these costs.
(4) If the buyer violates the terms of contract, in particular in case of default, the seller shall have the right to withdraw from the contract and reclaim the goods under retention of title.
(5) The seller shall not be obligated to withdraw from the contract as a requirement to enforce his rights from the retention of title, unless the customer is a consumer.