General terms and conditions of ’Bohrlochmessung - Storkow GmbH’ for the execution of services rendered for state and private clients
1. Introduction
’Bohrlochmessung - Storkow GmbH’ provides services and support for projecting and execution of scientific investigations and of technical work for exploration, construction and monitoring purposes in the fields of activity geology, geoecology, raw material processing and mining industry, dump engineering, water management, civil engineering and related fields. These services are rendered for state and private clients.
2. Tender, prices
The execution of the services mentioned in the first paragraph is based on tenders that contain specifications referring to the quantity, the kind and the execution of the services demanded by the client. With the confirmation of the order or by signing of a contract respectively ‘Bohrlochmessung - Storkow GmbH’ is bound to the tender. Upon possible additional costs and subsequent billing clauses will be agreed separately.
If not specified differently the binding period is given in paragraph 19 from the contracting rules for award of public work contracts - part A (VOB/A).
3. Execution of orders and contracts
’Bohrlochmessung - Storkow GmbH’ endeavours to meet its commitments from orders and contracts to the best of its ability, by using the state of the art technology and scientific findings, by exploitation of own knowledge and experience and thus to achieve the best results possible.
While fulfilling the orders and contracts ‘Bohrlochmessung - Storkow GmbH’ commits itself to take into account the relevant legal and official regulations and terms, in particular regulations for safety, industrial safety, prevention of accidents, standardisation, DIN, VDE and others issued by industrial inspectorates, technical supervisory associations and government safety organisations.
4. Right of information and inspection
On demand the client or persons appointed by him will be informed about the execution as stipulated of the services by ‘Bohrlochmessung - Storkow GmbH'. The client has the right to carry out inspections at any time.
5. Confidence
’Bohrlochmessung - Storkow GmbH’ guarantees the confidential treatment of all information and results obtained in course of the execution of the ordered services, unless they have to be revealed by order of a court to a third party.
The use of obtained results for scientific and professional publications by ‘Bohrlochmessung - Storkow GmbH’ needs the agreement of the customer.
6. Final acceptance
The final acceptance of the completed services-- if demanded by the client - shall be carried out within 12 working days. Upon a different time limit can be agreed.
7. Warranty
’Bohrlochmessung - Storkow GmbH’ guarantees that the rendered services have the qualities as stipulated at the moment of the final acceptance and correspond to the accepted rules of science and engineering. In accordance with the legal regulations liability is assumed for casualty defects and other ill services or violating of contracts corresponding to
- the 'special terms and conditions for the execution of services in bores'
as given in paragraph 12.
In all cases the warranty period is 12 months, unless longer warranty periods apply according to other regulations.
8. Accounting
All services are verifiably rendered account. A record from which follows the volume of the services rendered is given to the client on demand on the site of the execution of the services. Otherwise it will be added enclosed to the bill.
9. Insurance
On demand ’Bohrlochmessung - Storkow GmbH’ submits the employer's liability insurance.
10. Patent rights
'Bohrlochmessung - Storkow GmbH' guarantees that national patent rights of third parties are not violated during the execution of services agreed upon.
11. Subcontractors
'Bohrlochmessung - Storkow GmbH' guarantees, that all terms mentioned above are effective also in the case that 'Bohrlochmessung - Storkow GmbH' employs subcontractors.
12. Miscellaneous
An independent part of these 'General terms and conditions' is
special terms and conditions for the execution of services in boreholes and wells
Stand: November 2000
Bohrlochmessung - Storkow GmbH
Karsten Baumann
-Managing director-
Special terms and conditions of ’Bohrlochmessung - Storkow GmbH’ for the execution of services in boreholes and wells
’Bohrlochmessung - Storkow GmbH’ executes services ordered by the client in boreholes and wells to the following terms and conditions. Amendments and supplementation of these terms are valid only with a written confirmation of authorised representatives of ‘Bohrlochmessung - Storkow GmbH’. By giving an order to ’Bohrlochmessung - Storkow GmbH’ the client accepts these special terms and conditions as well as their possible amendments and supplementation for the execution of servic
- Prior to the beginning of the work the customer has to provide for ’Bohrlochmessung - Storkow GmbH’ all information about the condition of the borehole and of its vicinity necessary for a safe and fast execution of the services. If the client does not hand over these information, in particular if he is suspected to conceal them deliberately, ’Bohrlochmessung - Storkow GmbH’ is legitimated to reject the execution of the services, even after the order was confirmed.
- ’Bohrlochmessung - Storkow GmbH’ guarantees the execution of the services with modern equipment and field-tested technologies in case the condition of the borehole and of its vicinity is impeccable. A liability for complications yet possible during the execution of the services, as well as for the completeness of the results intended to be obtained, is assumed only in case that representatives of ’Bohrlochmessung - Storkow GmbH’ or their assistants acted with gross negligence or deliberately.
- ’Bohrlochmessung - Storkow GmbH’ is legitimated to refuse the continuation of the work if it turns out during the execution of services that the condition of the borehole or of its vicinity doubt the safe and trouble-free execution of the services. In this case the customer bears all costs that have arisen until this moment. If the client insists on the continuation of the services, then he commits himself to a consulting collaboration and assumes the liability for all own damages, as well as for the damages to ’Bohrlochmessung - Storkow GmbH’ and to third parties. However, ’Bohrlochmessung - Storkow GmbH’ reserves the right to take the final decision to abort the work.
- During the execution of the services assigned to ’Bohrlochmessung - Storkow GmbH’ the client has the duty of supervision and the full responsibility for his staff, his drilling, his equipment, his installations and his materials as well as for the condition of the borehole. For any damages to the drilling rig, the borehole or to the deposit caused during the execution of the services, ’Bohrlochmessung - Storkow GmbH’ assumes liability only if the customer can establish that representatives of ’Bohrlochmessung - Storkow GmbH’ or their assistants acted with gross negligence or deliberately. Unless the customer can produce that proof, he releases ’Bohrlochmessung - Storkow GmbH’ and third parties from all claims for damages.
- ’Bohrlochmessung - Storkow GmbH’ assumes liability only for defects which are present at the moment of the passing of risk or of the final acceptance of the services rendered as well as for the lack of assured qualities and differences of the volume of service in the following manner:
- The customer is entitled in the first place only to a subsequent improvement of the services. ’Bohrlochmessung - Storkow GmbH’ has the right to replace defected parts or to relegate the client to a withdrawal of the contract or to a reduction of reimbursement.
- As far as he is concerned the client can demand a withdrawal from the contract or a reduction of the reimbursement only if the remedy of defects or the compensation fails within an adequate period of time by a threat of rejection.
- ’Bohrlochmessung - Storkow GmbH’ assumes liability for the work of subcontractors and parts of other manufacturers in the first place only be assigning to the client the claims of ’Bohrlochmessung - Storkow GmbH’ against the subcontractor or the manufacturer.
- The remedy of defects or the compensation respectively is limited to the value of the services arranged in the contract.
- The warranty of ’Bohrlochmessung - Storkow GmbH’ is cancelled if persons not authorised by ’Bohrlochmessung - Storkow GmbH’ carry out repairs or other interventions or alterations of the services.
- The warranty is cancelled also in case of defects that are caused by handling errors, negligence, improper behaviour with equipment or defects on objects that have to be provided by the client or caused by not observing the instructions given by representatives of ’Bohrlochmessung - Storkow GmbH’ or their assistants.
- The customer assumes liability for all damages to equipment as well as for injuries and death of personnel of ’Bohrlochmessung - Storkow GmbH’ that are caused by a defective condition of the borehole or of its operating equipment or caused by culpable or gross negligent behaviour of its staff respectively. Furthermore, he commits himself to recover equipment or accessories of ’Bohrlochmessung - Storkow GmbH’ that is lost because of a defective borehole or its operating equipment by own means or to refund the current replacement value of the equipment.
- For the recovery works mentioned in subparagraph 6 the customer assumes full liability. Representatives of ’Bohrlochmessung - Storkow GmbH’ or their assistants are not authorised as far as that goes to take any measures independently, nor they are allowed to be asked by the client to participate in the recovery work except for consulting purposes. If ’Bohrlochmessung - Storkow GmbH’ provides recovery equipment for the in course of the consulting activity mentioned above, then that equipment serves only the interests of the client. His liability is not affected. The provision of recovery equipment and the consulting activity during recovery works are subject to limitations of liability mentioned in subparagraphs 2 - 5.
- For the use of radiation sources in course of the execution of services, ’Bohrlochmessung - Storkow GmbH’ is responsible for the observance of all legal safety regulations concerning the use, handling and transport of radioactive material and has to produce the necessary official authorisations. Staff of the client has to obey representatives of ’Bohrlochmessung - Storkow GmbH’ in all details concerning radiation protection. If a logging tool with an integrated radioactive source is lost in the borehole or well and can not be recovered in intact condition, then the part remaining underground must be isolated by the client with proper means in accordance with the relevant legal regulations and official decrees.
- The logging tools and cables used by ’Bohrlochmessung - Storkow GmbH’ are designed for normal borehole conditions. The client compensates for all damages to cables and tools caused by extreme borehole temperatures and pressure, as well as corroding gasses, fluids or chemicals.
- The client attends to passable ways to and from the working site. In case of difficult terrain he supports with proper means the approach of logging vehicles of ’Bohrlochmessung - Storkow GmbH’. If the approach takes place on ways built by the client, then ’Bohrlochmessung - Storkow GmbH’ does not assume liability for crop damages and damages to roads.
- Representatives of ’Bohrlochmessung - Storkow GmbH’ or their assistants interpret the logging data no matter if directly with the help of electronic data processing or of other means to the best of their knowledge and belief. These interpretations are based in part on empirical facts and notions of physical models. For this reason the results of interpretation and the conclusions derived from them are not infallible and can differ from the results of the client or of third parties. By no means such interpretations or conclusions derived from them should serve as the single basis for decisions about the kind of drillings, completions or similar measures which threatens the safety of the drilling company, of the drilling rig, the staff or of the environment.
- If not agreed upon differently ’Bohrlochmessung - Storkow GmbH’ stores the digital logging data for a period of six months. Within this period of time the client has at anytime the possibility to get access to this data, after the deadline the data will be deleted.
Stand: November 2000
Bohrlochmessung - Storkow GmbH
Karsten Baumann
-Managing director-