General Terms and Conditions (“GTCs”) of AS Wasserkabel Baltic
General information
1. These conditions apply to the products of AS Wasserkabel Baltic (hereinafter referred to as “the Contractor”). The terms and conditions are not only part of an agreement with a client (hereinafter referred to as “the Customer”); they also apply to all subsequent agreements on products with the Customer, without the need for an additional declaration.
2. Claims for damages are excluded unless they are based or guaranteed on gross negligence or intent, or on the violation of essential contractual obligations, or quality specifications, or concern injury to life, body or health, or the Contractor is responsible for a breach of duty as the seller. The same applies to all claims against the legal representatives and vicarious agents of the Contractor. Liability shall be limited to the liability sum of the Contractor’s business liability insurance in the customary amount of 0.5 million Euro (any one occurrence and aggregate) per year for property damage and for personal injury. The Contractor shall inform the Customer on its own accord of other cases of damage in the respective year and shall, if necessary, re-insure at the request of the Customer if the risk of damage is not reflected in the liability amounts. The Customer shall inform the Contractor if these cover sums do not reflect his typical risk of damage.
3. Other GTCs, which contradict, with these GTCs shall not become part of the contract unless they favour the Contractor. If they favour the Contractor, only the favouring parts shall become part of the contract. Conditions other than those mentioned shall not become part of the contract, even if the Contractor does not expressly object to their inclusion.
Execution of Work and Warranty
1. The Customer must immediately give the Contractor the opportunity to remedy defects for which the Contractor is responsible. The same shall apply without restriction to warranted characteristics. The Contractor may make several attempts at rectification before reduction and rescission, insofar as this is reasonable for the Customer.
2. Working possibilities with the products must be granted over the entire work period. House rules or agreements must be adapted or corresponding exceptions granted in such a way that the Contractor can work undisturbed. The Customer, prior to conclusion of the contract, must submit to the Contractor any necessary documents for the conclusion of the contract. All personal data provided by the Customer shall be processed according to the Data Protection Policy of AS Wasserkabel Baltic, in accordance with the provisions of the General Regulation on Data Protection (Regulation (EU) 2016/679 of the European Parliament and of the Council.
3. The following must also be granted: access and parking facilities for vehicles of the dimensions (length = 10m, height = 3.9m, total weight = 40t). The Customer must obtain any public law or private law permits pertaining to the successful performance of the installation work on the Customer’s premises.
4. Both the Contractor and the Customer shall assess and take any necessary safety measures to comply with accident prevention regulations. The Contractor shall point out any machine-specific special features on his own initiative.
5. The Customer shall provide free of charge electricity 230 V/ 400 V, alternating current 16A/32A/63A/, and a water connection of ¾ inch 5 bar to the Contractor in order to carry out the installation works. The dimensions of the connections must comply with the usual DIN standards. The Customer is informed that in unsuitable weather conditions (t<8°C and high humidity at the installation site), work must be suspended due to the requirements of the system. The period of completion shall then be extended accordingly by the period of suspension.
6. Drilling and finishing work must be carried out by the Customer or will be charged at the hourly rate of 47.00 € per hour or part thereof, plus statutory VAT.
Calculation and payment of the remuneration for work, and assignment as security for the work claim
1. The basis for the calculation of the remuneration for work is the information in the price list valid at the time of conclusion of the contract and known to the Customer, unless otherwise agreed in the contract.
2. Insofar as invoices for separate work have been agreed upon between the contracting parties, the prices of the currently valid product catalogue shall apply.
3. All prices are to be paid include the statutory value added tax. This does not apply to export deliveries.
4. All waiting, loading and unloading times as well as any necessary training and instruction times for the Customer’s own personnel shall be borne by the Customer. Assembly and dismantling costs as well as costs for the provision of cranes or scaffolding, if necessary, shall also be borne by the Customer and shall be invoiced on the basis of time sheets confirmed by the Customer or otherwise recorded by the Contractor’s representative. The Contractor’s representative is entitled to terminate the contract for work and services without notice or to cancel the services of the contractor without notice.
5. The costs for auxiliary and operating materials used (fastening material, electricity, spare parts, etc.) shall be invoiced separately and shall be borne by the Customer.
6. If the prices change during the term of the contract, it is agreed that the Contractor may demand the price after one month after the change, on the basis of the then valid price list. Both contracting parties are entitled to terminate the contract by the end of this month if no price agreement is reached. The Contractor shall announce the price increase at least one week in advance.
7. If the Contractor’s invoice specifies a period determined by the calendar, the Customer shall be in default of payment after the expiry of this period. This shall apply irrespective of the fact that later requests for payment may follow. Without setting a deadline, payments are due immediately; the Customer is then in default of payment after one week. The entrepreneur has the right to claim higher damages.
8. Any special agreements on the price which deviate from the valid price list in favour of the Customer shall only apply if the following conditions are complied with: a) the Customer must pay the current invoices/interim invoices within the period set in each case; b) none of the conditions or only one condition is fulfilled, the prices of the price list valid at the time of conclusion of the contract shall be deemed to have been agreed upon from the outset.
9. In order to secure all existing and future claims on remuneration for work and services in the amount of the agreed remuneration for work and services (less a deposit or down payment) or unconditional, unlimited, and future provision of security, the Customer assigns to the Contractor, who accepts this assignment, the claims to which it is entitled or future claims against third parties for which it or third parties use or perform the Contractor’s work and services. The assignment shall only be made on account of performance. The Contractor undertakes to indemnify the Customer from his claim against the Contractor in the amount of the amounts paid by the third party. If the third party fulfills the claim assigned to the Contractor by rendering performance to the Customer, the Customer shall be a trustee and shall immediately transfer to the Contractor the proceeds of such performance. If the Customer becomes the owner of the Works, the Customer and the Contractor hereby agree that the Contractor shall be entitled to a lien on the Works in this amount on account of his existing or future claim for remuneration. The Contractor accepts the creation of the lien for his future or existing claim.
10. If the Customer does not make the agreed instalment payments after a reminder with a set deadline, the Contractor shall be entitled to terminate the contract without notice and to claim damages for non-performance of the entire obligation of the Customer. The same shall apply after a reminder with set deadline in the event that the Customer is in default of payment under other contracts with the Contractor.
11. If facts exist which indicate a significant risk of potential payment difficulties on the part of the Customer, the Contractor is entitled to demand the provision of a suitable security, as far as the Customer provides no other security. The Customer may avert this obligation by providing a security deposit in the amount of the claim. Until the security has been provided, the Contractor shall be entitled to withhold its performance.
Duties of the Customer in Special Cases
1. The Customer is obliged to take all necessary precautions and protective measures to ensure that the products and the installation site is not accessible by unauthorised third parties.
2. The assignment of rights arising from the contract shall require the consent of the Contractor as shall the granting of rights of any kind vis-à-vis third parties.
3. In the event that third parties assert any rights to the work, the Customer shall be obliged to immediately inform the Contractor in writing and to inform the third party of the existing lien.
4. In the event of a breach of the aforementioned obligations, the Customer shall be liable for any damage suffered by the Contractor as a result thereof.
Further requirements
1. If the Customer wishes to agree with the Contractor on separate insurance conditions, then this is to be agreed upon in writing, and any insurance premiums are to be carried by the Customer.
2. If an insurance contract is concluded with a third party concerning the risk of damage existing due to the performance of the Contractor, the Customer shall assign his rights against the insurer to the Contractor and shall notify the insurer of the assignment. The Contractor accepts the assignment and declares to assert claims against the Customer only to the amount of his claims. The Contractor shall be authorized by the Customer to notify the assignment.
3. The Customer’s personnel shall be carefully instructed by the Customer on the special circumstances of the installation site, taking into account the deployment of the Contractor, after consultation with the Contractor. If necessary, the Customer shall obtain the relevant information from experts at its own expense.
4. The Customer shall remain the owner of the products that have been delivered by the Contractor (except the products which have been delivered by the Contractor and not paid yet by the Customer) and, if necessary, shall be able to provide to the Contractor’s personnel on the installation site all approvals or instructions under public and private law.
5. The Customer undertakes to take out a building liability insurance policy for the said building project.
Other provisions
1. The place of performance and jurisdiction for all obligations and disputes arising between the contracting parties from the contract shall be the place of business of the Contractor, provided that the Customer is a legal entity under the provisions of public or private law.
2. Latvian law shall apply exclusively (if the parties have not agreed differently), with the exception of the UN Convention on Contracts for the International Sale of Goods.
3. If the parties have concluded a separate agreement and its provisions are in contradiction with the General terms and conditions the provisions of the agreement shall prevail.
AS Wasserkabel Baltic
Ventspils High Technology Park 5, Ventspils, Latvia, LV-3602
VAT Registration number: LV51203053501
Phone number: +371 26445599
E-mail: info@wasserkabel.eu
