Terms and Conditions
1.1 Any repair work undertaken by us shall be subject to the General Terms and Conditions set forth herein to the extent no other agreements have been explicitly made.
1.2 As far as the client’s general terms and conditions are inconsistent with ours, their application shall be subject to our explicit written approval.
2.1 We will undertake the professional handling of repair work assigned in relation to instruments that we have booked in. Unless a different scope of work has been agreed upon in writing, the repair work covers the performance of services that are identified as necessary (a) on the basis of the details you provide us, (b) on the basis of our examination of the instrument to be repaired, and (c) during the course of the repair work.
2.2 We are entitled to engage third parties to carry out repair work.
3.1 Our remuneration for the repair work is calculated in accordance with sections 3.2 to 3.4 on basis of the individual services performed. Our rates applicable at the time of the repair will be charged.
3.2 Time worked will be rounded up to the next full hour and charged at the applicable rates for The Vintage Instrument Workshop service.
3.3 Any material required will be added to the invoice separately upon prior agreement.
3.4 Shipping costs (packaging, transport and insurance) shall be borne by you.
4. Terms of payment
4.1 Our invoices are due without any deductions as soon as we have provided the repair work and issued an invoice.
4.2 Instruments shall no be released until full payment of invoice.
4.3 We reserve the right to return repaired instruments cash on delivery.
5. Cost estimates
5.1 The repair costs stated in cost estimates are guidelines estimated on the basis of the information you provide and following the examination of the instrument. We cannot guarantee the accuracy of the figures contained. If while repairing the instrument it becomes clear that more extensive repair work is necessary, we are authorized to complete the work without seeking confirmation from you, provided this does not cause the overall repair costs to exceed the estimated price by more than 10%. Otherwise we will inform you that we expect the cost estimate to be exceeded and will present a new estimate to you.
5.2 If on the basis of a cost estimate you decide not to proceed with the performance or continuation of the repair work, we are entitled to charge for the cost of preparing the cost estimate and for any services performed up to that point.
6. Repair times
6.1 We will start carrying out the repair you have assigned to us within a reasonable period. Unless a binding deadline has explicitly been agreed, completion deadlines of which you are notified are non-binding.
6.2 If the performance of our obligations is delayed or impeded by circumstances which cannot be prevented with reasonable care, in particular by force majeure, strikes, lockouts, stoppages, scarcity of materials and energy, incorrect or late delivery despite a careful choice of supplier, the period of the repair will be extended by the duration of the hindrance. If a party provides substantial evidence that it cannot reasonably accept such an extension, it is entitled to withdraw from the contract, without the right to any claims for damages, in so far as the contract has not yet been fulfilled. Any further claims you may assert are excluded.
7. Transport, insurance and passage of risk
7.1 Unless we receive instructions to the contrary, we will choose the route and type of transportation for the return of repaired instruments. Transportation will be charged to the customer even if we use our own means of transport. The packaging required for transportation will be charged at cost.
7.2 We will insure the goods at your expense against normal transportation risks from door to door. You must notify the transport company, or, if we use our own means of transport, you must notify us immediately in writing of any transport damage.
7.3 The risk of damages to or loss of the repaired instrument passes to you as soon as the repaired instrument has been handed over to the transport company.
8. Duties of the customer to co-operate
8.1 You shall provide us with the instrument to carry out the repair work at the agreed time– and shall inform our service staff without their solicitation of problems that have occurred and of peculiarities with regards to the instrument to be repaired. You shall ensure that our service staff has free and unimpeded access.
9.1 After the repair has been completed and the repaired instrument has been received, you are obliged to accept duly performed repair work immediately. You may not refuse acceptance on the grounds of insignificant defects which will not affect the operation of the instrument.
9.2 If you do not state your refusal to accept the repaired instrument within 30 days after the repair works ended or after the repaired instrument was handed over to you, the repair works shall be deemed to have been accepted.
10.1 We will meet warranty obligations by remedying repair work free of charge and by repairing or replacing defective material free of charge if you demonstrate to us that a repair is defective or has not been carried out properly.
10.2 If the remedial work fails, you have the right to demand a price reduction or rescission of the repair contract.
10.3 If faults occur in a repaired instrument which are not caused by defective repair, i.e. in particular faults due to natural wear and tear, caused by improper handling or other outside influences, these will not be covered by the warranty.
10.4 If you assert warranty claims you must notify us of defects which have occurred immediately after they have been discovered and do everything in your power to minimize any damage caused by a defect.
10.5 The period of warranty will differ dependent of the work carried out. The restart of the period of warranty shall be excluded except in cases of intent or gross negligence.
10.6 If the examination of a complaint in respect of a defect shows that the case does not fall under the warranty, the performance and invoicing of the examination and, where appropriate, elimination of the fault will be carried out under these Terms and Conditions for Repair Contracts at the current price.
11. Liability for damages
11.1 If you are unable to use the repaired instrument in conformity with the contract through our fault as a result of the omission or improper implementation of suggestions and advice given before or after the conclusion of the contract or through the infringement of other additional contractual obligations the terms of sections 10, 11.2, 11.3 and 11.4 will apply accordingly to the exclusion of any further claims of the customer.
11.2 We shall only be liable –on any legal grounds whatsoever– for damage which is not caused to the repaired instrument itself in the following cases:
- gross negligence of our corporate bodies or corporate executives,
- culpable infringement of life, body and health,
- defects we have concealed fraudulently or of which we have guaranteed the absence,.
11.3 In the event of the culpable violation of substantial contractual obligations (obligations the breach of which puts the fulfillment of the purpose of the contract at risk), we shall also be liable for ordinary negligence; however this liability shall in terms of the amount be limited to damage that could reasonably have been foreseen and that is typical for a contract of this nature.
11.4 Any claims of the client going beyond the scope of sections 11.1 to 11.3 shall be excluded.
12. Final provisions
12.1 We point out that data relevant to the handling of the contract may be stored by us.
12.2 Subsidiary agreements, amendments and additions to repair contracts must be in writing in order to be effective. Oral agreements on the suspension of the requirement of written form are void.
12.3 The place of jurisdiction, provided that you are a businessman, a legal person under public law or a special fund under public law, shall be the place of business of The Vintage Instrument Workshop.
12.5 Should any of the clauses of these General Terms and Conditions for Repair Contracts be wholly or partially invalid or void, the validity of the remaining clauses or parts thereof shall not be affected.