(Valid since: 01. July 2016)
Geotomographie is carrying out geophysical services and offers expertise in geology, environmental engineering, mining and related fields. Geotomographie supplies geotechnical and geophysical equipment and software.
2. Validity and contractual agreements
The General terms are valid for all services and supplies mentioned under (1). Services and Supplies are based on individual orders. The client or customer agrees with the General Terms upon ordering unless otherwise agreed. This must be done in writing. Contracting must be done in writing.
Geotomographie is only responsible for the contractual agreed work or supply. Geotomographie obligates to fulfil agreed work and to supply only the equipment which is in accordance with the generally recognised technical rules and standards and with applicable accident prevention, occupational safety and other regulations.
The client is responsible for the correctness and completeness of supplied data or information. The customer must bear the costs and risk related to transportation unless otherwise confirmed
4. Dates, delivery and transfer of risk
Dates and deadlines are to consider as approximate dates so far no other agreements are made. Later requests or belated participatory works of a client (for instance delivery of information and data) postpone the delivery date for reasonable time. General delivery term is EXW unless otherwise specified.
Delayed deliveries or results because of unexpected circumstances and occurring not through Geotomographie’s fault (for instance transport problems, breakdowns, delays of delivery of raw material), entitle Geotomographie to cancel a contract partly or completely or to postpone the delivery for the time of delay. Any claims for compensation are impossible. The customer must bear the costs and risk related to transportation unless otherwise confirmed. Delays or non delivery of goods and results occurring through Geotomographies fault or internal reasons entitle the customer in case of guilty of negligence for a claim of compensation. The compensation is limited to the foreseen loss but limited to max 5 % of the order volume.
The client might ask for holding of equipment after completion of making the goods and notification of the readiness. This has to be done at earliest time. Holding does not influence agreed payment terms. In case payment was agreed a certain time after delivery the holding time is deducted from this time. If holding time extends to the agreed date of payment the payment has to be made at this time.
6. Prices and payment
For all products a detailed and checkable bill is given on basis of our prices. Our claims have to be paid without discount and free of charge according to the agreed terms of payment or otherwise within 21 days from the date of the bill on, unless otherwise agreed.
So far no fixed price has been agreed the customer will be informed if additional costs exceeding 10 % of the agreed costs will arise. In this case the customer is entitled to quit the contract. Only those works will be stated to the customer which actually has been done at this time.
If, after a contract has been signed, Geotomographie obtains information regarding the customer which justify the assumption of a doubtfully creditworthiness we are entitled to ask for advanced payment or sureties for not yet delivered goods/results at this time. After a certain unsuccessful period we are entitled to quit the contract.
Geotomographie takes the guarantee on the suitability of the products for the agreed purpose at the time of the holding.
No warranty shall apply in case the products are used outside their normal use conditions or in case of lightning, misuse, defective maintenance, negligence, fault, repair, modifications or replacements by the buyer or a third party. Warranty will expire on integration of components which are not authorized by Geotomographie.
In case we have produced a product with faults the customer has to give us the chance to repair the product or to deliver a replacement within an appropriate time period.
If the product is a software we guarantee that the software is useable according to the programming up-to-date. The suitability of the software for a determined purpose which extends the program description is not guaranteed. We do not give any guarantee for demands of the costumes which result from the use of the software (for instance order processing, data saving).
The guarantee for all goods and products is 12 months as far as no other periods are required by law.
Geotomographie covers costs generated by repairing goods only within warranty period and only for those goods which are agreed warranty cases. Customer has to bear costs for transportation of goods. Geotomography is not liable for damage caused by use of the equipment.
Geotomographie guarantees confidential treatment of all information and results which arise from contracting work unless judicial decisions are made.
9. Insurance and liability
If requested Geotomographie possesses a liability insurance. If contracting work is carried out together with other companies, Geotomographies liability applies only for its own part of the work.
Geotomographie insures the equipment against fatal damage and loss, unless stated otherwise. The client has to bear the costs for repair up to the maximum of Euro 500 on acceptance of the case by the Geotomographie insurance. In case of total loss of the equipment, due to larceny the client has to bear 25 % of the total value of the equipment unit price on the acceptance of the Geotomographie insurance. Otherwise the client has to bear full costs. The customer must bear the costs and risk related to transportation unless otherwise confirmed
The insurance includes damages to equipment which may occur during normal field operation. Insurance does not include damages caused by wrongful handling of equipment or catastrophic events such as war or natural phenomena. Insurance covers handling in cased boreholes only. Service in open holes is not covered by Geotomographie insurance. In this case, the client has to make separate insurance and provide insurance cover to Geotomographie.
Geotomographie offers also equipment for rental from third parties. For such equipment a separate insurance is required. Geotomographie can insure the equipment on client’s costs. If customer intends to insure equipment insurance certificate needs to be presented.
11. Reservation of proprietary rights
Supplied goods are property of Geotomographie until all claims are satisfied. Mortgage, rental or reselling is prohibited unless it is laid down in individual contracts. In such cases the contractor is legitimated to carry out business operations on his own account and responsibility.
If contract goods are ordered, the contractor transfers immediately all claims regarding the reselling of goods at the amount of bill to Geotomographie. In case a payment arrears Geotomographie reserves the right to demand the goods back or to withdraw from the contract.
Transmission or publication of intellectual work from Geotomographie that exceeds the contract is only allowed by a written confirmation of Geotomographie. The transference of claims arising from contract work to third parties is prohibited.
12. Place of delivery
Delivery place for all contracting work is Neuwied, for contracting goods Bad Salzdetfurth.
13. Court of jurisdiction and saving clause
Basis for all business connections and legal matter between Geotomographie and his clients is the right of the Federal Republic of Germany.
Should any individual provision of the present contract be or become ineffective, the validity of the remaining provisions hereof shall not be affected in any way. In such cases the parties shall replace such provision by an effective provision coming as close as possible in economic terms of both parties to the ineffective or invalid provision.
1. Client shall provide to Geotomographie GmbH prior to commencement of work all information on the state of the borehole and the conditions inside it and its surroundings that is required for a safe and expeditious rendering of services. Any non-delivery of said information, in particular in the case of suspected deliberate concealment of the same shall entitle Geotomographie GmbH to refuse the rendering of the services even if the order has been placed already.
2. Client shall make sure that the place of work can be accessed and departed and assist Geotomographie GmbH in transporting equipment to the site (difficult terrain) by suitable equipment. If access is via roads paved by client, no liability will be accepted by us for any damage to roads or land.
3. While the services are rendered by Geotomographie GmbH client shall fulfil its supervisory duties, remain fully responsible for its personnel, its drill site, equipment, facilities and materials and the condition of the borehole. Liability for any damage to the drilling installation or borehole caused while rendering the services will only be accepted if such damage was caused deliberately or by coarse negligence by employees of Geotomographie GmbH. Client shall indemnify Geotomographie GmbH from and against all claims for damage also towards third parties.
4. The measuring cables and probes used by Geotomographie GmbH have been designed for standard drill site conditions. If damage to cables and probes are foreseeable or has occurred already due to abnormal borehole temperatures and/or pressures or corrosive gases, liquids or chemicals, client shall make up for the damage.
5. Geotomographie GmbH guarantees the services to be rendered by means of state-of-the-art equipment and based on time-tested technologies provided the borehole is in good order and the conditions inside and around the borehole are unobjectionable. For complications that might arise however, when the services are rendered and for the completeness of the work results to be achieved liability will only be accepted for deliberate actions or coarse negligence by our staff.
6. If the drill site or the conditions prevailing inside the borehole or in its surroundings give rise to doubts of whether the services can be rendered smoothly and safely, Geotomographie GmbH may refuse continuation of work. In such case client shall bear the costs incurred up to such point in time.
7. If it becomes necessary during borehole measurements to move out drill rods or a casing (guide shoe), client shall bear the risk of potential damage or loss. If upon application of common technologies complications occur while reinserting the tools into the casing Geotomographie GmbH shall only be liable if it happens due to coarse negligence or deliberate non-observed of technological rules by its employees.
8. Should equipment items or devices owned by Geotomographie GmbH get lost in the borehole or are destroyed or damaged when transported by client or while being in its care, client shall procure the same in good order at its own expense or, if this is not feasible, pay damages to Geotomographie GmbH unless Geotomographie GmbH has caused the relevant damage or loss as a result of coarse negligence.
9. Client shall take full responsibility for fishing jobs. Employees of Geotomographie GmbH or its agents are neither authorized to take certain measures at their own nor shall they be requested by client to participate in fishing operations except as in advisory function.
10. Client and the drill site owner shall be solely responsible for any deposit loss and damage to material caused by borehole pressures, probe blowouts or similar incidents, except where Geotomographie GmbH has caused such damage or loss as a result of coarse negligence.
11. The measuring results are interpreted by employees of Geotomograph GmbH to the best of their knowledge and belief. Since such interpretation includes empirical values and models, the results and conclusions derived from it are fallible and may deviate from the results of an assessment made by client or any third party.