Supplementary conditions for orders
The following conditions shall apply to the present order placed by Gesellschaft für Anlagen- und Reaktorsicherheit gGmbH (GRS) with the respective entrepreneur, hereinafter referred to as "Contractor", as well as to all subsequent orders.
1. Terms of delivery
Place of fulfilment for deliveries shall be the indicated shipping address. Unless otherwise agreed in the contract, the delivery shall includes the installation of the ordered deliverables free of charge on the premises, including the complete assembly, commissioning and transport insurance, as well as disposal of the transport packaging. The Contractor shall pro-vide all necessary materials and equipment and the necessary staff.
2. Missed deadlines / penalty for breach of contract
The agreed deadline for delivery as well as the deadlines for partial deliveries are binding.
The date of delivery indicated is understood as the ultimate date for fulfilment. If this deadline is not adhered to, a penalty shall be deemed agreed from the start of the following day, amounting to 0.2% of the total value of the contract per calendar day or part thereof, although no more than a maximum of a maximum of 5% of the total value of the contract. There shall be no penalty for breach of contract if the Contractor is not responsible for the fact that the deadline cannot be met. The legal provisions regarding debtor's delay shall remain unaf-fected.
It is assumed that the arrears will include personnel costs, including surcharges for Saturday or weekend work and overtime surcharges if they arise as a result of the delay, and that the Contractor does not provide proof to the contrary.
The absence of assured properties and agreed performance data (according to the offer or requirements specification) shall entitle GRS to rescind the contract. The remaining statutory provisions on warranty shall remain unaffected.
The agreed price is a fixed price.
Should individual parts of these conditions be or become ineffective, the effectiveness of the other conditions shall remain unaffected.
Court of jurisdiction is Cologne.
Any deviating, contradictory or supplementary general terms and conditions of the Contractor shall, even if they are known, not become part of the contract unless their application is ex-pressly agreed in writing.