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Data Privacy Notice
- § 1 General information
Your personal data (e.g. title, name, address, e-mail address, telephone number) will only be processed by us in accordance with the provisions of the German Data Protection Act and the General Data Protection Regulation of the European Union (EU). The following provisions inform you not only about the purposes of the processing, recipients, legal bases and storage periods but also about your rights and controller for the processing of your personal data. This privacy policy applies only to our websites. If you are forwarded to other sites via links on our pages, please check there about how your data is handled by the respective operators.
- § 2 Communication
(1) Purpose of the processing
We process your personal data, which you provide us by e-mail, contact form etc., in order to answer and handle your enquiries. You are not obliged to provide us with your personal data. However, without your e-mail address we would not be able to reply to you by e-mail.
(2) Legal basis
- a) If you have given us express consent to process your data, the legal basis of this processing is GDPR Art. 6 (1)(a).
- b) If we process your data to execute pre-contractual measures, the legal basis is GDPR Art. 6 (1)(b).
- c) In all other cases (in particular when using a contact form), the legal basis is GDPR Art. 6 (1)(f).
RIGHT TO OBJECT: You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data based on GDPR Art. 6 (1)(f), which is not intended for direct marketing.
However, in the case of direct advertising, you can object to the processing at any time without giving reasons.
(3) Legitimate interest
Our legitimate interest in the processing consists in communicating with you quickly and answering your enquiries cost-effectively. If you provide us with your address, we reserve the right to use it for direct postal advertising. You can protect your interest in data privacy by passing on data sparingly (e.g. using a pseudonym).
(4) Recipient categories
Hosting provider, shipping service provider for direct advertising
(5) Storage duration
Your data will be deleted as soon as it can be deduced from the circumstances that your enquiry or the facts concerned have been conclusively clarified.
If, however, a contract is concluded, the data required under commercial and tax law will be kept by us for the legally specified periods, i.e. usually for ten years (see Art. 257 of the German commercial code(HGB), Art. 147 of the German tax code (AO)).
(6) Right of withdrawal
In the event of processing, you have the right to withdraw your consent at any time on the basis of your consent.
- § 3 Further information
On this website, we use Google Maps. The Google Maps Directions API is a service that can be used to calculate directions between locations. It helps you find directions for various means of transport, including directions for public transport, cars, pedestrians or cyclists.
(1) Legal basis
The legal basis for this processing is GDPR Art. 6 (1)(f).
(2) Legitimate interest
Our legitimate interest lies in providing a service-oriented, consumer-friendly and transparent visual representation of our company locations and to make them discoverable. Thus we provide you a transparent way of locating and checking our company locations. The Google Maps service is free for you and us. When using Google Maps, Google also collects, processes and uses data on the use of the Maps functions by visitors to the websites. For more information about data processing by Google, please refer to Google's Data Privacy Notice ( https://policies.google.com/privacy?hl=en ). There you can also access the Privacy Centre and change your settings to administrate and protect your data. We do not use the user data collected by Google to create user profiles. This safeguards your interest in data protection.
(3) Storage duration
The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a varying lifespan from a few minutes to several years.
(4) RIGHT TO OBJECT
If you do not want these cookies to be stored, please disable the acceptance of these cookies in your Internet browser. However, please be aware that this may limit the functionality of our website. You can also delete permanently stored cookies at any time through your browser. You can also change your settings in the Google Privacy Centre (https://policies.google.com/privacy?hl=en) to administrate and protect your data. Here you will find further information and instructions on how to administer your own data in connection with Google: https://support.google.com/accounts/answer/3024190 .
- § 4 Web analysis with Google Analytics
(1) Purpose of the processing
This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to help the website analyse how visitors use the website. The information generated by the cookie on your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP masking (IP anonymisation) is activated on this website and if you are in a member state of the European Union or in another state that is party to the European Economic Area Agreement, a part of your IP address will be removed prior to transmission. Only in exceptional cases will your full IP address be transmitted to a Google server in the USA and shortened there. On behalf of this website’s operator, Google uses this information to evaluate your use of the website, compile reports on website-activities and provide the website operator with other services connected to the use of the website and the use of the Internet.
(2) Legal basis
The legal basis for this processing is GDPR Art. 6 (1)(f).
(3) Legitimate interest
Our legitimate interest lies in the statistical analysis of user behaviour for optimisation and marketing purposes. In order to protect your interest in data protection, this website uses Google Analytics with the "anonymizeIP()" extension, so that the IP addresses are only processed in abbreviated form, thus excluding any direct personal references.
(4) Recipient categories
Google, partner companies
(5) Transmission to a third country
Google LLC, headquartered in the USA, is certified for the US-European privacy agreement "Privacy Shield", which ensures compliance with the data protection level applicable in the EU.
(6) Storage duration
14 months
(7) RIGHT TO OBJECT
You can prevent cookies from being stored by modifying a corresponding setting in your browser. However, please note that if you do so, you might not be able to make full use of all functions available on this website. You can also opt out, i.e. prevent the capture of cookie-generated data (incl. your IP address) relating to your use of the website by Google and the processing of this data by Google by downloading and installing the browser plugin, which is available through the following link: Opt-out
You can also prevent data capture by installing an opt-out cookie. If you want to prevent your data from being captured the next time you visit this website, please click here: Deactivate Google Analytics
- § 5 Information about cookies
(1) Purpose of the processing
This website makes use of cookies which are technically necessary. These are small text files that are stored on your computer system in or by your Internet browser.
(2) Legal basis
The legal basis for this processing is GDPR Art. 6 (1)(f).
(3) Legitimate interest
Our legitimate interest lies in the functionality of our website. The user data collected by technically necessary cookies is not used to create user profiles. This safeguards your interest in data protection.
(4) Storage duration
The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a varying lifespan from a few minutes to several years.
(5) RIGHT TO OBJECT
If you do not want these cookies to be stored, please disable the acceptance of these cookies in your Internet browser. However, please be aware that this may limit the functionality of our website. You can also delete permanently stored cookies at any time through your browser.
- § 6 Your rights as a data subject
If your personal data is processed, you are regarded as a data subject in the sense of the GDPR and have the following rights with respect to us as a controller:
- 1. Right of access
You can request information about your personal data processed by us in accordance with GDPR Art. 15.
- 2. Right to rectification
If the information concerning you is not (or no longer) correct, you can request a correction in accordance with GDPR Art. 16. If your data is incomplete, you can request it to be completed.
- 3. Right to erasure
You can request the erasure of your personal data under the conditions of GDPR Art. 17.
- 4. Right to restriction of processing
In accordance with the provisions of GDPR Art. 18, you have the right to obtain restriction of processing of data concerning you.
- 5. Right to data portability
In accordance with GDPR Art. 20, you have the right to receive the data concerning you, which you provided to us, in a structured, commonly used and machine-readable format or to request its transfer to another controller.
- 6. Right to withdraw the declaration of consent under data privacy law
In accordance with GDPR Art. 7 (3), you have the right to revoke your declaration of consent under data privacy law at any time. This shall not affect the lawfulness of processing based on consent before its withdrawal.
- 7. Right to lodge a complaint with a supervisory authority
If you are of the opinion that the processing of your personal data is in breach of the GDPR, you have the right under GDPR Art. 77 to lodge a complaint with a supervisory authority (in particular in the member state of your habitual residence, place of work or place of the alleged infringement).
Please also note your right to object according to GDPR Art. 21:
- a) General: only on compelling legitimate grounds
If personal data concerning you is processed
- in order to safeguard our overriding legitimate interest (legally based on GDPR Art. 6 (1)(f)) or
- in the public interest (legally based on GDPR Art. 6 (1)(e)),
you have the right to object at any time to processing of your personal data on grounds relating to your particular situation; this also applies to profiling based on the provisions of the GDPR.
In the event of objection, we shall no longer process the personal data concerning you unless we can prove compelling grounds for the processing that prevail over your interests, rights and freedoms or the processing is required for the purpose of asserting, exercising or defending legal claims.
- b) Special case of direct marketing: simple objection is sufficient
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object to such processing at any time and without stating reasons; this also applies to profiling in so far as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
Data controller for data processing:
Erich Stallkamp ESTA GmbH
In der Bahler Heide 4
49413 Dinklage
Germany
Telephone: Telephone: +49 4443 96 66-0
This email address is being protected from spambots. You need JavaScript enabled to view it.
Contact details of our data protection officer:
In der Bahler Heide 4
Telephone: +49 4443 96 66-0
49413 Dinklage, Germany
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Contents and textsErich Stallkamp ESTA GmbH In der Bahler Heide 4 HRB: 110161 Amtsgericht Oldenburg Telephone: +49 4443 9666-0 E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. |
Conception, Design und ProductionBitter & Co. Werbeagentur GmbH Telephone +49 4441 889688-0 This email address is being protected from spambots. You need JavaScript enabled to view it. |
1. Copyright
The contents of Erich Stallkamp ESTA GmbH’s Internet presence are copyright protected. All rights reserved. The use or reproduction of the texts, images and music included on the sites is only permitted with the written authorisation of Erich Stallkamp ESTA GmbH. The corresponding statutory provisions apply for the registered trademarks, brand names, utility models and logos.
2. Data protection
The protection of your privacy and the personal information that you provide us with is of the utmost importance to us. In order to perform our services, we require certain information from you. Additional information is used for statistical evaluations with the aim of improving our offer for you.
We guarantee that your personal information will only be provided to third parties insofar as this is essential for the performance of the requested service. Other regulations apply when we are legally required to provide access to or pass on information or pursuant to a court decision.
3. Content of the online offer
Erich Stallkamp ESTA GmbH provides no guarantee for the up-to-dateness, correctness, completeness or quality of the information provided. Liability claims against Erich Stallkamp ESTA GmbH concerning material or immaterial damages caused by the use or disuse or the information offered or the use of erroneous and incomplete information are hereby excluded insofar as Erich Stallkamp ESTA GmbH cannot be proven to be guilty of deliberate or grossly negligent actions. All offers are subject to change and unbinding. Erich Stallkamp ESTA GmbH expressly reserves the right to change, expand or delete sections of its pages or the entire offer and to make them temporarily or permanently unavailable without prior notice.
4. Links
In the case of direct or indirect linking to other websites outside of Erich Stallkamp ESTA GmbH’s field of responsibility, Erich Stallkamp ESTA GmbH shall only be liable in cases where it is aware of the content and it has not been technically possible or realistically expectable for it to prevent the use in the case of illegal contents.
Consequently, Erich Stallkamp ESTA GmbH hereby expressly declares that at the time the links to the correspondingly linked sites were added, they were free of illegal contents. Erich Stallkamp ESTA GmbH has no influence over the current and future design or the contents of the linked websites. As such, it hereby expressly distances itself from all the contents of all the linked websites changed since the links were added. This shall apply for all the links added within its own Internet presence. The respective owner of the website to which the link leads shall be solely responsible for illegal, erroneous or incomplete information and especially for damages resulting from the use or disuse of this type of offered information, not the individual who provides links to the respective published information.
5. Copyright and trademark law
In all of its publications, Erich Stallkamp ESTA GmbH makes every effort to take the copyrights of the graphics, audio files, video clips and texts used into account, to employ graphics, audio files, video clips and texts that it has created itself or to use licence-free graphics, audio files, video clips and texts. All brands and trademarks named on the Internet sites and possibly protected by third parties are subject in a limited capacity to the provisions of the respectively applicable trademark law and the rights of ownership of the respectively registered owners. The fact that they are named is not sufficient to conclude that trademarks are not protected by the rights of third parties! The copyright for objects created and published by Erich Stallkamp ESTA GmbH shall remain entirely with the authors of the pages. Reproduction or use of these graphics, audio files, video clips and texts in another electronic or printed publication is not permitted without express permission from Eric Stallkamp ESTA GmbH.
6. Legal validity of this exclusion of liability
Should parts or individual formulations of this text not, no longer or not completely correspond to the applicable legal situation, the contents and validity of the remaining sections of the document shall remain unaffected.
Conditions
see below for terms and conditions of field service
General sales conditions
of Erich Stallkamp ESTA GmbH Dinklage, January 2016 (Replaces previous general terms and conditions)
I. General – Scope
Our sales conditions apply exclusively to all contracts between us and the purchaser; we do not accept the purchaser’s contradictory conditions or conditions which differ from our sales conditions unless we have expressly confirmed their validity in writing. Our sales conditions also apply when we perform the delivery to the purchaser unconditionally while aware of the purchaser’s contradictory conditions or conditions which differ from our sales conditions.
All agreements concluded between us and the purchaser concerning performance of this contract, are stipulated in the contract in writing. Verbal agreements, promises, undertakings and warranties in connection with the conclusion of the contract require written confirmation to become binding.
Our sales conditions shall also apply for all future business dealings with the purchaser.
Our sales conditions only apply for traders in the sense of § 310 Para. 1 BGB (German Civil Code).
For contracts about construction work, the validity of the German contractual conditions concerning the performance of construction work (VOB Part B) in the latest applicable version is hereby agreed.
In connection with the purchase of one of our products, the corresponding operating instructions in the latest applicable versions always apply. The operating manual contains fundamental information which must be observed during installation and operation as well as when performing maintenance work on the device.
In accordance with the German Data Protection Act, we are entitled to save and process information concerning the customer gathered as part of the business relationship
We reserve the right to use equal or higher quality of the material.
II. Offer
If the order is to be qualified as an offer in accordance with §145 BGB (German Civil Code), we have the right to accept this offer within 4 weeks by submitting an order confirmation or deliver the order within this period. The written order confirmation is decisive for the scope of the deliveries. Subsidiary agreements and changes expressly require our written confirmation.
Documents forming part of our offer such as figures, drawings, weight specifications and dimension specifications are only approximate insofar as they are not expressly designated as binding. We reserve all property rights and copyrights to quotations, drawings and other documents; they must not be made accessible to third parties. We are similarly obligated only to allow third parties access to plans designated by the purchaser as confidential with the latter’s express permission.
III. Prices – Payment conditions
Insofar as the order confirmation does not specify anything to the contrary, all prices apply “ex works”.
Statutory value added tax (VAT) is not included in our prices; it is separately listed in the invoice at the legal rate applicable on the date the invoice is issued.
We reserve the right in cases of contracts with agreed terms of more than six months to increase or reduce the prices in accordance with the arising cost changes, particularly based on collective labour agreements or material price changes. For the container product range, these provisions shall apply for contracts with an agreed term of three months. These cost changes are often the result of fluctuating purchase prices for stainless steel materials and can be justified to the customer on request. If the increase exceeds 5% of the agreed price, the purchaser has the right to annul the contract.
Insofar as the order confirmation does not specify anything to the contrary, the purchase price is due for payment net (with no discount) within 14 days of the invoice date. Once this period has expired, we are entitled to apply the statutory default interest. We reserve the right to assert claims for further damages caused by default.
The purchaser shall only have setoff rights and rights of retention if his counterclaims are res judicata or recognized by us.
IV. Delivery period
Our obligation to deliver is subject to our receiving our deliveries from suppliers correctly and punctually, unless we are responsible for the incorrect or late delivery.
The delivery period is provided as an approximation and commences with the mailing of the order confirmation, however not prior to the furnishing of the documents, authorisations and approvals to be submitted by the purchaser for the performance of this contract and prior to the receipt of any agreed advance payment.
In addition, the adherence to our obligation to deliver requires the punctual, correct performance of all of the purchaser’s obligations. Among other things, the purchaser’s obligations include timely payment of the purchase price. We reserve the defence of lack of performance of the contract.
The time of dispatch from the factory or warehouse is decisive for the compliance with delivery periods and dates. They shall be deemed complied with when it is reported that the goods are ready for dispatch, unless the goods cannot be dispatched punctually for reasons attributable to us.
In cases of force majeure arising with us or our suppliers, we are released from the obligation to deliver and perform services punctually. The same shall apply as to cases of force majeure for incidents of monetary policy, trade policy and other sovereign measures, business disruptions through no fault of our own (e.g., fire, machine damage, power shortages or raw material shortages), floods, obstruction of traffic infrastructures, strikes, lockouts, official measures and all other circumstances which arise through no fault of our own and which render delivery and performance considerably more difficult or impossible. If the performance of the contract should become unreasonable for a contracting party as a result of the circumstances specified above, the party may withdraw from the contract.
If the purchaser fails to accept delivery when offered by the seller or otherwise culpably breaches other obligations to cooperate, we are entitled to claim compensation for any damages we incur including any additional expenses. Beginning one month after the goods are reported as ready for dispatch, the purchaser will be invoiced the costs arising from their storage, when storage is in our factory, however, at least 0.5% of the invoice total. We are entitled, after establishing a suitable time deadline and this deadline expiring without results, to use the items to be delivered and to deliver to the purchaser within a suitably extended deadline (at least the production time). We reserve the right to assert additional claims.
Insofar as the prerequisites of Para. (6) are present, the risk for accidental perishing or accidental deterioration of the sales items passes to the purchaser at the time in which he fails to accept the delivery when offered by the seller or falls into default of the debtor.
V. Shipping, passing of risk, packaging costs, partial delivery, installation
Insofar as the order confirmation does not specify anything to the contrary, delivery is agreed “ex works”.
Insofar as shipping of the goods is agreed, we define the delivery route and means as well as the carrier and freight operator. The shipping costs and risk are borne by the purchaser.
The risks, including for seizure of the goods, passes to the purchaser when the goods are transferred to the carrier or freight operator, at the very latest, however, when the goods leave the factory or warehouse.
The goods are delivered packaged for general truck transport. Insofar as agreed, we will cater for all other packaging, protection and/or goods carriers at the expense of the purchaser.
Insofar as the purchaser submits a request, we can also take out a transport insurance for the delivery, with the incurred costs being borne by the purchaser.
Transport packaging and all other packagings as stipulated in the German Packaging Regulation are non-returnable with the exception of containers, pallets and similar. This must be returned to us by the purchaser immediately cleaned and in perfect condition at his expense. In all other cases, the purchaser is obligated to dispose of the packagings at his own expense.
Contrary to § 412 HGB (German Commercial Code), the purchaser / freight operator is obliged to load the freight securely and unload it again. When doing so, he must follow the general regulations for load securing (especially VDI (Association of German Engineers) guidelines).
We are entitled to perform partial deliveries to a reasonable extent.
If we are required to perform the installation in the scope of the order, the purchaser must provide the necessary auxiliary materials at his own expense. In addition, our general terms of installations shall also apply.
VI. Assurance of retention of title
We reserve ownership of the delivery items until all payments from the delivery agreement have been received. Should the purchaser act in breach of contract, particularly by failing to pay in due time, we are entitled to take back the delivery items. Our taking back of the delivery items does not constitute a rescission of the contract, unless we had expressly declared this in writing. Our seizure of the delivery items always constitutes a rescission of the contract. Having taken back the delivery items, we are then entitled to utilize them. The profit from their utilization is then calculated against the purchaser’s payables – minus appropriate utilization costs.
The purchaser is obligated to handle the delivery items carefully; in particular he must insure them against fire damage, water damage and theft up to their replacement value at his own expense. Insofar as maintenance and inspection work is required according to the operating instructions, the purchaser must perform this at this own expense in due time at the stipulated intervals.
If the goods are seized or third parties intervene in other forms, the purchaser must inform us in writing immediately so that we may institute legal proceedings in accordance with §771 ZPO (German Code of Civil Procedure). Insofar as the third party is not in a position to reimburse us the judicial and extrajudicial costs for legal proceedings in accordance with §771 ZPO, the purchaser accepts liability for the loss we sustain.
The purchaser is entitled to resell the delivery items in the ordinary course of business. However, he assigns us now all claims in the sum of the end amount of the invoice (including VAT) of our claim which arise for him in the scope of the reselling against his customers or third parties, and this irrespective of whether the delivery items have been processed or not prior to their reselling. The purchaser remains entitled to collect this claim even after its assignment. This does not affect our authority to collect the claim ourselves. However, we undertake not to collect the claim as long as the purchaser meets his payment obligations from the collected profits, does not fail to pay in due time and in particular no application is filed for bankruptcy, composition or insolvency proceedings or cessation of payment is present. If this is the case, however, we may demand that the purchaser inform us of the assigned claims and his debtors, provide all the necessary information for the collection, furnish all the corresponding documentation and notify the debtors (third parties) of the assignment.
The processing or transformation of the delivery items by the purchaser is always performed for us. If the delivery items are processed with other objects not belonging to us, we acquire co-ownership of the new goods in the ratio of the value of the delivery items (final invoice amount including VAT) to the other processed objects at the time of processing. In all other aspects, the same shall apply for the items resulting from the processing as for the delivery items delivered with reservation.
If the delivery items are mixed with other objects not belonging to us and cannot subsequently be separated therefrom, we acquire co-ownership of the new goods in the ratio of the value of the delivery items (final invoice amount including VAT) to the other mixed objects at the time of mixing. If the mixing is performed in such a way that the purchaser’s items are deemed the main item, it is agreed that the purchaser transfer us co-ownership on a pro rate basis. The purchaser preserves this sole ownership or co-ownership for us.
We undertake to release the securities due to us at the purchaser’s demand to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is incumbent on us.
VII. Liability for defects
Claims for defects from the purchaser require that the latter report obvious defects immediately after delivery (§377 HGB (German Commercial Code)), in other cases, we shall be exempted from liability for the defect.
Insofar the delivery items display a defect, we are entitled to resolve the defect or deliver a new, defect-free item at our discretion (supplementary performance). If the supplementary performance fails, the purchaser may elect to demand a reduction of the purchase price or, if construction work is not part of the object of the guarantee, rescission.
In the case of supplementary performance, we are obligated to bear all required, proportional expenses associated with the supplementary performance, in particular transport, infrastructure, labour and material costs, insofar as these are not increased by the fact that the delivery items have been relocated to somewhere other than the residence or company headquarters of the purchaser. Especially, we shall only cover transport costs to the residence or company headquarters of the purchaser.
In the case of the supplementary performance, we will only bear expenses insofar as they are appropriate in the individual case, in particular in relation to the purchase price of the goods. In particular, we shall not cover expenses exceeding 150% of the purchase price.
Fundamentally, we exclude the liability for defects if our respectively applicable operating instructions have not been followed and the defect can be traced back to failure to follow the operating instructions.
Liability for defects including the liability as a result of deficiency loss or consequential damage caused by a defect is excluded if the cause of a defect can be traced to unsuitable and improper use. For example, use for longer than normal and standard application periods, incorrect installation and/or commissioning by the purchaser or third parties, the delivery item has worn out naturally, particularly insofar as wearing parts are concerned within the scope of usual wear, errors or negligence in the scope of handling or maintenance, unsuitable resources or substitute materials have been used, defective construction work has been performed on an unsuitable substratum, chemical, electrochemical or electrical factors (e.g., incorrect control or insufficient power supply) are the cause.
In cases of unjustified claims for defects, we are entitled to invoice the purchaser the verification costs including travel costs.
Our further liability for damage claims operates in accordance with Point VIII of these conditions.
The limitation period for the purchaser’s claims for defects for supplementary performance (§ 437 No. 1 and 3 BGB) is set at 12 months, calculated from the delivery of the bought items. This does not apply for claims in accordance with § 438 Para 1 No. 2 BGB and § 634a No. 2 BGB. These become statute-barred in accordance with the statutory regulations.
VIII. Claims for damages, limitation of actions
We only assume liability for breaches of contractual or non-contractual obligations, in particularly for impossibility, delay, negligence in contract negotiations and tort – also for damage claims for our executives and other agents employed to perform obligations – in cases of intent or gross negligence. Insofar as we are not accused of an intentional breach of contract, the liability for damage claims is restricted to the foreseeable, typically arising damages.
The above-mentioned restrictions do not apply for culpable infringement of basic contractual obligations insofar as the performance of the aim of the contract is endangered or for culpably caused damages to life, limb or health; in addition, they also do not apply insofar as we have accepted a warranty for the nature of the subject matter sold and in cases of mandatory liability in accordance with the German Product Liability Law (Produkhaftungsgesetz). The regulations concerning the onus of proof remain unaffected. In the case of a breach of basic contractual obligations, the liability for damage claims is restricted to the foreseeable, typically arising damages.
Further liability for damage claims including for deficiency loss or consequential damage caused by a defect – not taking into account the legal nature of the asserted claim – is hereby excluded. This applies particularly for claims for damages arising from negligence in contract conclusion, from other obligation infringements or from claims in tort for the compensation of material damages in accordance with § 823 BGB.
Insofar as the liability for damage is excluded or restricted for us, this also applies with regard to the personal liability for damages of our employees, colleagues, staff, representatives and other agents employed to perform obligations.
The limitation period for the above-mentioned liability for damages is 12 months. This does not apply for claims for culpably caused damage to life, limb or health and in cases of intent or gross negligence, and in cases of mandatory liability in accordance with the German Product Liability Law. These claims become statute-barred in accordance with the statutory regulations.
The limitation period begins in accordance with the statutory regulations, whereby the claims must become statute-barred at the latest 5 years after the passing of risk, i.e., the delivery of the bought items.
IX. Legal venue – Place of performance
The place of performance for our deliveries ex works is the supply plant insofar as the purchaser is a merchant and otherwise our warehouse. The legal venue for all claims arising from the business relations, in particular from our deliveries, is Dinklage, Germany.
The place of performance for our supplementary performance for our deliveries ex works is the supply plant and otherwise our warehouse.
Without taking the sum of the value of the matter in dispute into account, we are entitled to institute legal proceedings at the Amtsgericht Vechta (Vechta Municipal Court); at our discretion we may also institute legal proceedings at the courts responsible for the purchaser’s headquarters.
Federal German Law shall apply; the validity of the United Nations Convention on Contracts for the International Sale of Good (CISG) is excluded.
Terms and conditions of field service
a) We only perform installation work when agreed in advance. Installation work only covers the installation of the Stallkamp units/systems and their components we sell.
b) In the corresponding cases, the price is calculated based on the previously determined hourly rates and kilometre rates, whereby the hours and kilometres for the journeys to and from the site are included.
c) If installation is agreed at a fixed price and the installation or commissioning then is postponed through no fault of our own, all associated costs for waiting times, journeys, and other expenses incurred by the installation personnel shall be borne by the purchaser. The specified installation costs refer exclusively to the installation of the tank wall. Installation costs for the pumps, agitators, and lines, etc., are specified and calculated individually. If after conclusion of the installation work, the commissioning or handover of the system cannot be realised for reasons originating on-site, the subsequent additional installer expenses must be borne by the purchaser.
d) The installation work commissioned from us excludes the following services, unless otherwise agreed in writing: excavation, cutting work, masonry, electrical work, earthing work, seal inspections, and pressure tube inspections.
e) The purchaser documents the installation personnel’s working hours and services rendered on the supplied form once the work is complete; for longer installations, this is performed on a weekly basis. Discrepancies must be recorded. Travel times and waiting times are calculated as working hours. Failure to furnish a signature does not exclude the calculation of our services according to the information provided by our installation personnel.
f) All the electrical and water connections required for the installation work must be provided to our installation personnel free of charge. In special conditions, the purchaser shall bear the costs for the use of a crane wagon, if not agreed otherwise in writing. The agreed number of suitable and qualified auxiliary forces (metalwork, working at heights) must be available throughout the installation and are subordinate to the professional instructions of the lead installer (LI).
Any additional expenses incurred through the delay of the installation shall be borne by the principal.
Young people under the age of 16 years must not be employed. The rules and regulations of the respective professional association must be observed.
g) Sufficiently large, dry, and lockable premises must be made available for the storage of system components, materials, and tools as well as the sheltering of our installation personnel. The risk for components that go missing on the construction site shall be borne by the purchase.
h) The principal or end user is obligated to inform himself of the current state of constructional conditions before our installers leave the site. We will not accept responsibility for any damages reported subsequently, irrespective of their type.
i) Changes, insofar as these are required by authorities, must be paid by the principal according to the materials and time involved, and will be billed by us separately.
j) Truck access to the construction site must be guaranteed. If deviations result in additional costs, these will be calculated separately. Special pump technology: the installation site must be cleared and free of gas.
k) If a contract for work and services is signed or concluded (for the production of complete systems, including installation by us), Part B of the German Construction Contract Procedures (VOB) shall apply between the principal and us as a fixed, agreed contract component, insofar as not otherwise agreed individually in writing. For delivery of the system without installation by us, only the law concerning sales contracts (German: Kaufvertragsrecht) shall apply, even if the system was designed by us.
l) For seal inspections on our stainless steel storage tanks commissioned from us, the principal/customer must provide the necessary water free of charge, including the requisite pumps and working hours, unless otherwise agreed in writing.
m) The base plate for the stainless steel storage tank must be created on-site.
Ground with suitable bearing capacity must be provided for the base plate. The entire area must have an allowable ground compaction level sqₐ of at least 100 kN/m².
For the centre column, it is necessary to have sqₐ ³ 170 kN/m² beneath the foundation reinforcement. In order to prevent differing ground settlement subsidence behaviour, which can lead to cracks in the base plate, there must be as little variation as possible within the foundation level with regard to the allowable ground compaction. (DsB < 50%)
Requirements for the base plate: free of cracks and laitance-free through sandblasting and height accuracy of +1 / -0 cm.