for hotline-repair or hotline maintenance
1. The user wishes advisement by the supplier by telephone, email or remote in order to execute repair, maintenance or service concerning his ELCEDE machines and / or software.
2. The user explicitly waives the possibility of a service in-lieu by an ELCEDE technician. ELCEDE does not warrant a success of the repairing or maintenance action nor a workmanlike execution. ELCEDE is solely to give, clues and advice for the execution of action. A liability on the part of consequential damages on the machine(s), on part to include into the machine(s) or for consequential damages on things or persons on the part of the user or third parties is explicitly excluded. ELCEDE is, in the matter of a hotline advisement, liable solely for damages which are proved to result of rough negligence or deliberately wrong advise. Hotline support will be charged per 15-minutes-units in accordance to the valid service price list respectively.
3. Should the knowledge about the status of the machines in question gained by the hotline advisement point to the necessity of in-lieu maintenance or repairing services, the provider will, after receipt of a written order by the user, make a date with the user on which in-lieu service, corresponding to her general client-service structure and to be considered as separate of this agreement, will take place.
4. Apart from ELCEDE´s limitation of liability, the user is obliged to employ solely qualified staff to work on the machine(s) who have been trained in their operating and handling. In any case, proficient operating and handling of the machines is user´s responsibility.
5. To the contractual relationship of the parties solely German jurisdiction is applicable. Place of performance and place of jurisdiction for all disagreements arising from this contract is - provided the user is a fully qualified merchant – to be Kirchheim/Teck.
6. Should a provision in this agreement be or as a consequence of juridical development become invalid, the remaining contents of the agreement shall remain unaffected. The invalid provision is to be replaced be a valid provision which in its meaning, as far as can be effected, corresponds to the original one.