1 Contract partner, terms and conditions of service
1.1 JK-International GmbH, JK-Global Service division, Köhlershohner Strasse 60, 53578 Windhagen, Germany (hereinafter “JK”) shall perform all services on the basis of these general terms and conditions of service. These terms and conditions form part of the “EasyCare service plan” service agreement concluded between the client and JK.
1.2 Any terms and conditions of the client or third parties shall not apply, even if JK does not expressly exclude their application in individual cases. Even if JK refers to a letter that contains the terms and conditions of business of the client or a third party or makes reference to these terms and conditions, this shall not constitute JK’s consent to the application of said terms and conditions.
2 Object of the contract
The object of the service package is the unit that the customer purchased from JK and the subject of the service agreement concluded separately by the customer. This service agreement excludes any commercial use of this unit.
3 Term of the contract
The contract begins upon conclusion of the contract and payment of the annual service charge; it is valid for one year. The contract will automatically be extended by one additional year if it is not terminated two months before the end of the contract year. This does not affect the right to terminate the contract for good cause.
4 Service charge
4.1 The annual remuneration for the contractual services is EUR 595 per contract year (EUR 500 plus 19% VAT) and is due in advance in each case.
4.2 In the event that the purchase prices for operating materials or spare parts or wages – as a significant portion of service costs – change or in the event that new taxes or public levies are introduced that affect the contract in question, JK is entitled to increase the annual service charge by an appropriate amount by informing the customer in writing with a notice period of 3 months following an initial 12 months. The customer shall only have the right to termination if the increase amounts to more than 10% of the previous service charge. This extraordinary right to terminate the contract must be exercised to the end of a month with a notice period of two months. The service charge shall change accordingly in the event of a change to the statutory VAT rate.
5. Contractual services
The following services are covered by the agreed service charge:
5.1 Preventive maintenance work
Preventive maintenance work is performed every year by experienced and technically qualified personnel. As part of this maintenance work, all relevant electrical, electronic and mechanical wear parts are checked to make sure they work. Any necessary corrections and calibration work are carried out. Wear parts are replaced as necessary insofar as Item 5 does not apply. Once the maintenance work has been completed, the object of the contract is checked to make sure it works properly. A final electrical test is performed and the values measured during the maintenance work are documented. The annual safety and repeat check prescribed by the manufacturer in accordance with VDE 701/702 is taken into account and observed. The maintenance work that ends with a trial run can be performed by JK as part of a fault rectification process from the 6th month of the respective contract year.
5.2 Test label
Following the completion of preventive maintenance and the final electrical check, a test label is attached in an easily visible location, informing users that all applicable standards, regulations and laws have been observed.
5.3 Repairs, fault rectification
The rectification of faults and defects of any kind to the object of the contract, provided that the object of the contract has been handled, operated and used properly – regardless of the number of operating hours. When replacing spare parts, only genuine JK spare parts are used.
5.4 Technical hotline
JK’s technical hotline is open from 8 a.m. to 5 p.m. on Monday to Thursday and from 8 a.m. to 2:45 p.m. on Fridays (apart from public holidays) and can be reached on +49 (0) 2224 818 819.
5.5 Advice service
Free, specialist technical advice.
5.6 Services included in detail
The payment of the service charge covers all services performed by JK and all costs for working hours, travel time, travel costs, spare parts costs, expenses, cleaning and cleaning agents, and also covers the technical hotline.
6 Exclusion of services
The following services are calculated separately to the standard hourly rate, plus travel costs to and from the location, spare parts costs and expenses:
6.1 The rectification of faults and defaults caused by improper handling, use and operation of the object of the contract.
6.2 Cosmetic repairs and the rectification of cosmetic defects, such as changes to the colour of the acrylic panels, paint or wooden parts.
6.3 The rectification of defects caused by external forces or force majeure.
6.4 Defects caused by prevailing operating conditions that do not correspond to the manufacturer’s specifications in the technical documentation (electrical installation, power connection, fluctuations in the power supply, fuses, cleanliness).
6.5 Intervention by third parties, sabotage or negligence.
6.6 External cleaning of the unit.
6.7 Waiting times for which JK is not responsible.
6.8 Wear materials, such as acrylic panels or low-pressure lamps, are not covered by the contract.
6.9 The rectification of defects caused by EMC problems arising from the environment in the setup location.
6.10 Technical changes or optimisations integrated into series production following delivery and commissioning of the object of the contract can be retrofitted on request at a special rate.
6.11 JK can refuse to perform services if work has been performed on the object of the contract by any persons not authorised by JK. Reimbursement of the service charge is excluded.
7 Working hours and service hours
7.1 During the term of the contract, repair work can be requested over JK’s technical hotline as per Item 4.4. with specification of the contract number.
7.2 Service and repair work is performed on site between the hours of 8 a.m. and 5 p.m., Mondays to Fridays. The customer must make sure that the work can be performed without interruption.
7.3 Regarding the performance of annual maintenance, JK or an authorised service partner will contact the customer at the end of a year in the contract term. An appointment for preventive maintenance is arranged approx. 14 days prior to the date along with information as to whether the work will be performed in the morning or afternoon. It is JK’s preference that maintenance is performed at the same time as fault rectification and repairs.
7.4 At the customer’s request, work can also be performed outside of normal working and service hours. This must be agreed on a case-by-case basis and will be charged according the standard surcharges.
8 Documentation, reporting
8.1 All fault rectification, repair and preventive maintenance work will be documented once the work, functional checks and test runs have been completed; this documentation will take the form of a JK customer service report to be signed off by the customer. This report includes confirmation of the completed electrical tests.
9 Compensation for damages, warranty
9.1 The warranty period for any services performed and materials used is 24 months.
9.2 Regardless of the legal grounds, JK’s liability is limited to intent and gross negligence. Furthermore, JK shall assume liability for the violation of material contractual obligations caused by simple negligence. In the event of liability for simple negligence, JK’s liability shall be limited to direct damage and, in terms of amount, to the respective order value or no more than one year of remuneration insofar that the typical contractual and foreseeable damages do not exceed this. In the case of the latter, liability is limited to the typical and foreseeable damage.
9.3 This does not apply to liability for guaranteed properties on the grounds of culpable injury to life, limb or health or to liability under the product liability act.
9.4 The aforementioned exclusions and limitations to liability apply to the same extent to the governing bodies, legal representatives, employees and other auxiliaries of JK.
10 Transfer of rights, sub-contractors
JK is entitled to transfer the rights and obligations arising from this contract either in whole or in part to third parties – in particular to its external factory customer service organisation active within Germany – or to have these rights and obligations exercised by a third party.
11 Retention of title, right of lien
JK retains ownership of all accessories, spare parts and replacement parts used until the payment of all amounts owed on the basis of this contract. Based on its claims arising from this contract, JK is entitled to a right of lien to the customer’s unit to be repaired, to which it gains possession on the basis of this contract.
12 Warranty extension
The manufacturer has granted the customer a two-year warranty on the object of the contract. As a result of the conclusion of the service contract, the manufacturer’s warranty extends to a maximum of four years following the 3rd year of the contract. If the service contract ends in the third or fourth contract year, the extended warranty also ends at the same time.
13 Place of performance, court of jurisdiction, applicable law
13.1 The contractual relationship is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 Insofar as the customer is a registered trader or legal entity under public law or a holder of special assets under public law, the place of performance and the sole place of jurisdiction for all disputes between the parties is 53578 Windhagen, Germany.
14 Data protection