Conditions applying to servicing work
- The customer’s rights and obligations
1.1 The customer undertakes to notify Fox Industrial Doors Ltd regarding all and any anomalies, damage or defects requiring repair which it might detect, along with details of any inspection work that might be required.
1.2 In the case of systems not manufactured by Fox Industrial Doors Ltd, the technical documentation provided with such items is to be made available to Fox Industrial Doors Ltd as required. If Fox Industrial Doors Ltd requires additional technical documentation in this respect, the customer undertakes to obtain it from the manufacturer, insofar as this is possible.
1.3 Fox Industrial Doors Ltd’s personnel shall be afforded all access that might be required when carrying out servicing work on the customer’s premises. They shall also be provided with appropriate lifting gear and the equipment required to reach the item concerned, along with suitable workshop facilities.
1.4 If work involves systems not manufactured by Fox Industrial Doors Ltd, the customer shall ensure the timely provision of any spare parts that might be required by Fox Industrial Doors Ltd’s staff, unless such items are to be supplied by Fox Industrial Doors Ltd under the terms of the order confirmation.
1.5 The customer shall be responsible, subject to Fox Industrial Doors Ltd’s instructions, for the corresponding dismantling work and transport
1.6 The customer undertakes to apply, at its own expense, the required accident-prevention measures. It undertakes in particular to notify Fox Industrial Doors Ltd specifically and in writing of all and any regulations that are to be observed by Fox Industrial Doors Ltd and any third parties or subcontractors that might be involved.
- Fox Industrial Doors Ltd’s rights and obligations
2.1 Fox Industrial Doors Ltd undertakes to arrange for servicing tasks to be carried out by specialist staff or a suitably qualified third party, which shall likewise be included under «Fox Industrial Doors Ltd» for the purpose of these conditions.
2.2 Fox Industrial Doors Ltd shall examine the item concerned to determine the materials and the amount of labour required for servicing purposes. If this reveals a need for additional items that go beyond the agreed scope of servicing work, suitable agreement shall be reached with the customer before proceeding.
2.3 The servicing work shall be carried out, at Fox Industrial Doors Ltd’s discretion, either on the customer’s premises or at the Fox Industrial Doors Ltd premises.
2.4 Fox Industrial Doors Ltd reserves the right to refuse or suspend servicing work if the safety of its staff cannot be guaranteed or if the customer fails to fulfil any of its obligations.
2.5 Fox Industrial Doors Ltd shall notify the customer regarding the servicing work concerned. Fox Industrial Doors Ltd may do so verbally after the work concerned has been carried out or, at the customer’s request, issue notification in writing.
The customer shall allow Fox Industrial Doors Ltd sufficient time to draw up the report concerned.
- Formal warning
The inspection findings and Fox Industrial Doors Ltd’s verbal or written statements to the customer or its representative regarding the status, operation, safety and usability of the item being serviced, along with any misgivings that might be expressed in the same
manner regarding the customer’s arrangements, instructions or measures applied, or which express objection to prevailing conditions, shall be considered a formal warning that releases Fox Industrial Doors Ltd from his liability in this respect.
- Implementation schedule
4.1 All indications regarding implementation schedules are estimates, and are therefore
not legally binding.
4.2 All and any agreement on a binding implementation schedule requires that the
scope of the servicing work concerned can be established in advance.
4.3 Completion deadlines for planned servicing work shall be regarded as a declaration
of intent. They shall not become binding until corresponding agreement has been
reached between the customer and the Fox Industrial Doors Ltd employee involved. All further procedures must be contractually agreed in writing.
4.4 The completion deadline shall be considered fulfilled even if certain parts are missing
or further work is still required, provided recovered operation for the intended purpose is permitted and not prevented.
- Pricing rates and additional costs
5.1 Unless otherwise agreed, servicing work shall be billed in accordance with the time
and material required, as per Fox Industrial Doors Ltd’s corresponding rates. This provision shall likewise apply to all technical documents, inspection reports, expert assessments, analyses of instrument readings and tests carried out in connection with the order. The cost of materials shall also include expenses arising from the use of special tools and equipment, along with their corresponding consumables and incidental items.
Travel time and a reasonable, contractually established period for preparation upon
arrival shall be considered working hours.
The customer shall confirm, by its signature on the corresponding reports, the items
and services supplied by the Fox Industrial Doors Ltd employees concerned. If the customer fails, without good reason, to certify these working hours, or to do so in a timely manner, or to have the timesheets signed by a party authorised for the purpose, billing shall be based on the records kept by the Fox Industrial Doors Ltd employees concerned.
5.2 The costs of travel and transport, and hotel and deplacement expenses, along with
additional expenses, shall be billed to the customer separately.
- Legal title, assumption of risk and Insurance
6.1 Unless there is agreement to the contrary, replaced parts are the property of Fox Industrial Doors Ltd.
35.2 The customer shall bear the risk of total or partial loss and damage to the item concerned while work is being carried out, even if such work takes place on Fox Industrial Doors Ltd’s premises, and also during any transport or storage that might be required.
6.3 The customer shall be responsible for insuring the goods against damage of any kind
6.4 The customer shall likewise be responsible for the proper disposal, in accordance
with environmental regulations, of waste consumables (oils, gases, dust, etc.) generated
in the course of servicing work.
- Warranty for service work
7.1 Fox Industrial Doors Ltd guarantees, for a period of 12 months counted from the completion of the servicing work concerned, its expert completion with due care and attention, subject to the conditions set out below. Fox Industrial Doors Ltd provides a 12-month warranty for spare parts incorporated into an existing system by Fox Industrial Doors Ltd or the customer. The Fox Industrial Doors Ltd warranty on remote controls and other portable devices is of 24 months’ duration.
If work is interrupted for any of the reasons (in the event of circumstances not attributable to Fox Industrial Doors Ltd, including but not limited to epidemics, mobilisation, war, civil strife, acts of terrorism, riots or sabotage, whether threatened or initiated; along with labour disputes, accidents, late or missing deliveries of required materials, action or omission on the part of public authorities or state bodies, unforeseeable transport-related incidents, fire, explosion or natural catastrophe.), the warranty on work carried out before the interruption began shall be counted from no later than three months from the start of the interruption concerned.
7.2 If the item on which work is carried out, or parts thereof, or spare parts supplied or
installed under the terms of the agreement prove, during the period covered by the
warranty, to be damaged or unusable, and this can demonstrably be attributed to
defective workmanship or poor material on Fox Industrial Doors Ltd’s part, Fox Industrial Doors Ltd shall, within a reasonable time and at its discretion, repair or replace the items concerned. This requires that defects detected during the warranty period are immediately reported in writing.
Fox Industrial Doors Ltd shall only accept warranty liability for defects arising in the course of work carried out by the customer’s employees or by third parties under Fox Industrial Doors Ltd’s supervision if it can be demonstrated that the defects concerned are attributable to gross negligence on the part of Fox Industrial Doors Ltd’s personnel when issuing instructions or carrying out such supervision.
7.3 The warranty shall be voided if the customer or a third party carries out modifications or repairs without Fox Industrial Doors Ltd’s written consent, or fails to install spare parts correctly, or fails to handle such spare parts or equipment correctly; or if the customer fails to take immediate and suitable steps to mitigate loss and damage.
7.4 Fox Industrial Doors Ltd’s warranty liability for components repaired under the terms of the warranty shall remain unchanged, although it shall not extend beyond the original warranty period.
7.5 All further claims and rights regarding defects, other than those covered by clauses
7.1 to 7.4, are hereby excluded.
- Contractual duration of maintenance agreements
Unless otherwise established, the agreement shall initially remain in force for one year from its date of conclusion. It shall then be extended for a further year, provided it has not been cancelled in writing, subject to three months’ notice from the end of the month in which notification is issued.
Common final considerations
In the event of an individual provision or provisions proving to be invalid, this shall
have no effect on the validity of any other provision. The parties undertake to re-word the ineffective clause in such a manner that preserves, as far as possible, its original economic purpose.
Requirement for written form
All agreements between, and statements with legal force, issued by the parties to the agreement, along with amendments to the agreement itself, must be in writing in order to be valid. Text communications transferred by electronic means shall be accepted as the equivalent of written statements, subject to special agreement between the parties.