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Service terms

Service terms

These terms apply to services provided by S+R Linear Technology GmbH – in particular repair, retrofit, maintenance, reconditioning, commissioning and device replacement – to entrepreneurs, legal entities under public law and special funds under public law.

Status: September 2026

The German version of these terms, in the form published as a PDF, shall prevail. This page reproduces the content in readable form.

§ 1 Scope and subject matter

  1. These Service Terms apply to all services provided by S+R Linear Technology GmbH (hereinafter “S+R”), in particular repair, overhaul, retrofit, conversion, upgrading, maintenance, reconditioning, commissioning and replacement of devices, to Customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law.
  2. Deviating terms of the Customer shall not become part of the contract unless S+R has expressly agreed to their validity in text form.
  3. The Sales and Delivery Terms of S+R apply additionally to the delivery of goods, accessories and spare parts. Where an order comprises both service and delivery components, these Service Terms shall take precedence for the service component.
  4. Quotations from S+R are non-binding. A contract is concluded upon S+R's order confirmation in text form.
  5. If the item being serviced was not supplied by S+R, the Customer shall draw attention to any existing industrial property rights. The Customer shall indemnify S+R against claims by third parties arising from industrial property rights, insofar as S+R is not at fault.

§ 2 Operating permit, CE conformity, functional safety

  1. If a service, in particular a modification, extension or upgrade, impairs the country-specific operating permit of a system or machine, it shall be incumbent on the Customer to arrange for the measures required to regain it. The Customer shall bear the responsibility and the costs.
  2. The replacement or modification of individual components on machines and systems bearing CE marking pursuant to Machinery Directive 2006/42/EC or Machinery Regulation (EU) 2023/1230 may necessitate a reassessment of the safety-related requirements. The Customer shall be responsible for this examination and for restoring conformity where necessary. Any assumption of this responsibility by S+R requires a separate agreement in text form in which the responsibilities assumed are specifically identified.
  3. S+R does not provide any services in the field of functional safety unless this has been expressly agreed in text form. Compliance with the relevant standards and regulations is the responsibility of the Customer.

§ 3 Cost information and cost estimate

  1. Unless otherwise agreed, services shall be invoiced on a time and materials basis at S+R's rates applicable at the time.
  2. Where possible, S+R shall inform the Customer of the anticipated price when the contract is concluded. Otherwise, the Customer may set a cost limit. If it becomes apparent that the stated costs will be exceeded by more than 15%, S+R shall notify the Customer without undue delay and obtain the Customer's decision on whether to continue.
  3. A cost estimate is only binding if it is expressly designated as binding. The work required to prepare it, in particular disassembly, inspection and troubleshooting, is subject to a charge unless expressly agreed otherwise.

§ 4 Services that cannot be performed

  1. If the service cannot be performed for reasons for which S+R is not responsible, the work performed for the preparation of a cost estimate as well as any further expenses incurred and verifiable, including troubleshooting time, shall be remunerated. This applies in particular if:
    • the fault complained of cannot be identified during inspection
    • required spare parts cannot be obtained or cannot be obtained within a reasonable time
    • the Customer culpably misses an agreed appointment
    • the Customer terminates the contract while the service is being performed
    • the condition of the item being serviced rules out economically justifiable reconditioning
  2. In these cases, the item being serviced shall only be restored to its original condition at the express request of the Customer and against reimbursement of the costs. This shall not apply insofar as the work carried out was not necessary.
  3. If economically justifiable reconditioning is not possible, S+R shall, where possible, submit to the Customer a quotation for a replacement or new cylinder.

§ 5 Price and payment

  1. S+R shall be entitled to demand a reasonable advance payment upon conclusion of the contract.
  2. VAT shall be charged additionally at the applicable statutory rate.
  3. Payments are due without deduction within 30 days of the invoice date. In the event of default in payment, the provisions of the Sales and Delivery Terms shall apply accordingly.
  4. If a significant deterioration in the Customer's financial circumstances becomes apparent after conclusion of the contract, S+R's claims shall become due immediately. S+R shall be entitled to carry out outstanding services only against advance payment and, after a reasonable grace period, to withdraw from the contract unless the Customer provides security.
  5. The Customer may only set off counterclaims that are acknowledged, undisputed or established by final and binding judgment. The Customer shall only be entitled to a right of retention insofar as its counterclaim is based on the same contractual relationship.

§ 6 Cooperation by the Customer

  1. The Customer shall provide S+R in good time before work begins with all information and documents required for the proper performance of the service, in particular regarding operating conditions, operating history, damage pattern and relevant interfaces.
  2. The Customer shall inform S+R in good time of any need for special security checks or personal requirements for access to the work site. For assignments abroad, the Customer shall draw attention to any necessary travel formalities. In the event of official travel warnings for the work site, S+R reserves the right to withdraw from the contract.
  3. If the service is provided outside the S+R works, the Customer shall, at its own expense, take the measures required to protect persons and property and shall provide technical assistance, in particular by:
    • providing suitable auxiliary personnel in the required number and for the required time
    • providing lifting equipment, fixtures, heavy tools and the necessary materials and supplies
    • providing energy, lighting, water and the necessary connections
    • providing dry, lockable rooms for storing tools as well as suitable break rooms and sanitary facilities
    • exposing the item being serviced and making it accessible, and cleaning the work site
    • all actions required for adjustment and for any trial run provided for in the contract
  4. Before work begins, the Customer shall inform S+R's personnel of the safety regulations applicable at the work site.
  5. The Customer is not entitled to issue instructions to S+R's personnel. The personnel shall not be integrated into the operations of the Customer or of an end user; the provision of the services does not involve any supply of temporary agency workers.
  6. Where the service consists of replacing devices, it is incumbent on the Customer to ensure that the replacement device supplied is functionally compatible with the system in which the device to be replaced was installed. S+R provides information on the technical properties of the replacement device but does not assess its full compatibility in all technical properties.
  7. If the service is performed at the premises of a third party, such as the end user, the Customer shall arrange for the above acts of cooperation to be performed by that third party.
  8. If the Customer fails to meet its obligations to cooperate, S+R shall be entitled, after setting a reasonable deadline, to perform the actions incumbent on the Customer in its place and at its expense. Further statutory rights shall remain unaffected.

§ 7 Transport, insurance and custody at the works

  1. Unless otherwise agreed in text form, the Customer shall deliver the item being serviced to S+R at its own expense and collect it again at its own expense after the service has been performed. Any transport to or from S+R arranged by S+R at the Customer's request, including packaging and loading, shall be at the Customer's expense.
  2. The Customer shall bear the transport risk for the outward and return transport.
  3. At the request and expense of the Customer, S+R shall insure the transport against the insurable transport risks.
  4. There is no insurance cover for the item being serviced while the service is being performed at the S+R works. The Customer shall ensure that its existing insurance cover is maintained, in particular against fire, mains water, storm and machinery breakdown. Insurance cover shall only be arranged at the express request and at the expense of the Customer.
  5. If the Customer is in default of taking delivery, S+R may, after prior notice, charge storage fees or store the item being serviced elsewhere at the Customer's cost and risk.

§ 8 Performance period

  1. Information on periods for the performance of the service is based on estimates and is non-binding unless expressly designated as binding in text form.
  2. The Customer may only request a binding period once the scope of the work has been determined following inspection.
  3. The binding period shall be deemed to have been met if, by the time it expires, the item being serviced is ready to be taken over or, in the case of an agreed trial run, ready for the trial run to be carried out.
  4. In the case of additional or extended orders placed at a later date and of necessary additional work, the period shall be extended accordingly.
  5. In the event of force majeure, the provisions of the Sales and Delivery Terms shall apply accordingly.

§ 9 Acceptance

  1. The Customer is obliged to accept the service as soon as it has been notified of the completion of the service and any trial run provided for in the contract has taken place.
  2. If the service proves not to be in conformity with the contract, S+R shall be obliged to remedy the defect. This shall not apply if the defect is immaterial to the interests of the Customer or is based on a circumstance attributable to the Customer. Acceptance may not be refused on account of a minor defect.
  3. If acceptance is delayed through no fault of S+R, it shall be deemed to have taken place two weeks after notification of completion.
  4. Upon acceptance, S+R's liability for discernible defects shall lapse unless the Customer has reserved the right to assert a specific defect.

§ 10 Retention of title, lien, old parts

  1. S+R retains title to all accessories, spare parts and exchange units used until receipt of all payments under the service contract.
  2. To secure its claims under the service contract, S+R shall have a lien on the item being serviced that has come into its possession on the basis of the contract. The lien may also be asserted on account of claims arising from earlier deliveries and services, insofar as these are connected with the item being serviced. For other claims arising from the business relationship, the lien shall only apply insofar as these are undisputed or have been established by final and binding judgment.
  3. Removed old parts and replaced components shall become the property of S+R and shall be properly recycled, unless the Customer requests their return in text form when placing the order. Any return shall be at the cost and risk of the Customer.

§ 11 Claims for defects

  1. In the event of defects in the work performed, the Customer shall be entitled to subsequent performance, which S+R shall effect, at its option, by remedying the defect or by performing the service again. The Customer shall grant S+R the time and opportunity required for this.
  2. The Customer shall notify any defect found without undue delay in text form and shall describe it in a comprehensible manner. Parts complained about shall only be returned at S+R's request.
  3. S+R shall bear the expenses required for the purpose of remedying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased because the item being serviced has been taken to a place other than the place of performance; this shall not apply if such relocation corresponds to the intended use.
  4. In the event of modifications or repair work improperly carried out by the Customer or third parties without the prior consent of S+R, S+R shall not be liable for the resulting consequences. Only in urgent cases where operational safety is at risk or in order to prevent disproportionately extensive damage may the Customer remedy the defect itself or have it remedied by third parties and demand reimbursement of the necessary expenses; S+R shall be notified without undue delay.
  5. If subsequent performance fails, the Customer may reduce the remuneration or withdraw from the contract. Claims for damages are governed exclusively by § 12.
  6. If it turns out that there is no defect, S+R may demand reimbursement of the costs incurred as a result of the unjustified request to remedy a defect, unless the Customer could not have recognised that there was no defect.
  7. The list of exclusions in § 10 item 7 of the Sales and Delivery Terms shall apply accordingly. Furthermore, there shall be no claims for defects insofar as the defect relates to components whose replacement the Customer refused despite S+R's recommendation.

§ 12 Liability

  1. With regard to S+R's liability for damages and reimbursement of expenses, § 13 of the Sales and Delivery Terms shall apply accordingly.
  2. S+R shall not be liable for the condition of the item being serviced in other respects for which it is not responsible, in particular not for defects that already existed before the service began and are not the subject of the order.

§ 13 Limitation period

  1. Claims of the Customer on account of defects in the service shall become time-barred twelve months after acceptance.
  2. The list of exceptions in § 12 item 2 of the Sales and Delivery Terms shall apply accordingly. In particular, the statutory periods shall apply if S+R performs services on a building and thereby causes its defectiveness.

§ 14 Compensation by the Customer

  1. If, during performance of the service outside the S+R works, the fixtures, measuring equipment or tools provided by S+R are damaged or lost through no fault of S+R, the Customer shall be obliged to provide compensation. Damage caused by normal wear and tear shall be disregarded.

§ 15 Export control, confidentiality, place of jurisdiction

  1. §§ 14 and 9 of the Sales and Delivery Terms shall apply accordingly to export control and confidentiality.
  2. The place of performance is the registered office of S+R in Homberg/Ohm. § 17 of the Sales and Delivery Terms shall apply accordingly to the place of jurisdiction and the applicable law.

Status: September 2026 · Terms