Terms and Conditions (T&C) – Service

Last updated: August 2025

Provider: PFALZTRAFO Föllinger GmbH, Am Floßbach 15, 67112 Mutterstadt

1. Scope
These General Terms and Conditions (GTC) apply exclusively to entrepreneurs (§ 14 German Civil Code – BGB) for service activities on transformers and high-voltage installations, in particular for maintenance, servicing, repair, cleaning, as well as testing and measurement services. Deviating or supplementary terms and conditions of the customer shall only apply if we have expressly confirmed their validity in text form.

2. Offers and Conclusion of Contract
Our offers are non-binding and without obligation. A contract is only concluded upon our order confirmation in text form or through the actual performance of the service.

3. Prices, Payment, Default
All prices are net plus statutory VAT.
In the event of payment default, the customer owes statutory default interest (9 percentage points above the base interest rate) as well as a default fee of €40. Further claims for damages remain reserved.

4. Scope of Services and Customer’s Duty to Cooperate
The scope of services results from the respective order. Any work beyond this shall be remunerated separately.
The customer shall ensure timely access to the work areas, provide the necessary shutdowns/barriers, and guarantee safe working conditions (including compliance with occupational safety and environmental regulations, particularly when handling oil and waste oil). Waiting times and additional trips attributable to the customer are subject to remuneration. Upon request, we will handle the disposal of waste oil for a fee.

5. Execution, Deadlines, Force Majeure
We perform our services professionally and to the best of our knowledge. Agreed deadlines are generally non-binding unless expressly confirmed as binding.
Obstacles to performance due to force majeure or unforeseeable, unavoidable events (e.g., strikes, official measures, extreme weather, supply disruptions, illness) will reasonably extend the performance periods. The customer will be informed of this without delay.

6. Acceptance
Upon completion, the customer is obliged to accept the work; minor defects do not entitle the customer to refuse acceptance.
The work shall also be deemed accepted if, after completion, we have set a reasonable deadline for acceptance and the customer does not refuse acceptance within this period by specifying at least one defect (§ 640 (2) BGB).

7. Warranty Rights and Limitation Period
The statutory warranty rights (§ 634 BGB) apply. The limitation period for warranty claims is shortened – insofar as legally permissible – to 12 months from acceptance.
Excluded from this reduction are in particular:
– Buildings as well as planning or supervision services (5 years),
– Fraudulently concealed defects,
– Claims for injury to life, body, or health,
– Damages caused by intent or gross negligence,
– Claims under the German Product Liability Act.
For pure purchase contracts relating to spare or replacement parts (without installation), the limitation period is – insofar as permissible – 12 months from the transfer of risk.

8. Liability
We are liable without limitation in cases of intent, gross negligence, injury to life, body, or health, as well as under the German Product Liability Act.
In the event of simple negligence in the breach of essential contractual obligations (cardinal obligations), liability is limited to the typical, foreseeable damage. In all other respects, liability is excluded.

9. Spare Parts, Retention of Title, Transfer of Risk
We retain ownership of delivered or replaced parts until full payment has been made. In the case of shipment, the risk passes to the customer upon handover to the carrier.
If the reserved goods are processed or resold, the resulting claims of the customer are hereby already assigned to us in the amount of the invoice value. We hereby accept this assignment.

10. Set-Off and Retention
The customer is only entitled to set-off or retention if his claims are undisputed or legally established, or if they arise from the same contractual relationship.

11. Subcontractors and Partial Performance
We are entitled to engage suitable subcontractors and to provide partial services, insofar as this does not conflict with the legitimate interests of the customer.

12. Data Protection
We process personal data in the course of contract execution in accordance with the requirements of the GDPR and the German Federal Data Protection Act (BDSG). Details, in particular regarding purposes, legal bases, retention periods, and the rights of data subjects, can be found in our Privacy Policy on our website.

13. Place of Performance, Jurisdiction, Governing Law
The place of performance is our registered office. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Ludwigshafen. German law shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

14. Consumer Transactions (Exceptional Case)
Should a contract with a consumer be concluded in exceptional cases, the statutory right of withdrawal shall apply. This right expires in the case of services if we have fully performed the service after the consumer has expressly agreed that we may begin execution before the withdrawal period has expired and has confirmed his knowledge of the loss of the right of withdrawal.

15. Text Form and Severability
Amendments and additions require text form. Should individual provisions of these GTC be or become invalid, the remainder of the contract shall remain effective. The statutory provision shall apply in place of the invalid provision.