Additional Terms and Conditions for
Assembly Service, Repair and Other Services
of Bosch Rexroth Limited
DCPD 72061-AN3 Version 25.02.2022
1. General provisions
1.1. The following conditions (hereinafter called"SERVICE CONDITIONS") shall apply to all assembly
services, commissioning, installation, repairs andother services (hereinafter called "SERVICES")
performed by Bosch Rexroth Limited (hereinafter
called "BOSCH REXROTH") for the customer(hereinafter called "CUSTOMER") on products,
machines or systems (hereinafter called "SERVICEOBJECT") at a BOSCH REXROTH site or sites or the
CUSTOMER’S site or sites or any other site or sites,in addition to the Terms and Conditions of Sale of
Bosch Rexroth (hereinafter called "T&C"). The scopeof application shall not include pure services relating
to software or the production/modification ofsoftware. In the event of conflicting clauses, theprovisions of the T&C shall take precedence overthese SERVICE CONDITIONS.
The T&C and the SERVICE CONDITIONS
can be downloaded at:https://www.boschrexroth.com/en/gb/legal-notice/
1.2. The meaning set out in Section 1.1 and the
supplementary definitions in Section 16 applies tothe capitalized terms used in these SERVICECONDITIONS.
1.3. Oral agreements before or during the conclusion of
the contract shall be confirmed in writing by BOSCHREXROTH in order to become legally valid.
2. Prices and price correction
2.1. Unless specific remuneration is agreed, theSERVICES of BOSCH REXROTH shall be invoiced
according to the actual time and material basis.
2.2. If agreed between the parties the prices for utilised
parts, materials, tools and other special services (e.g.
scrapping performed by BOSCH REXROTH), theremuneration for the work performed and any
additional TRAVELLING EXPENSES and TRANSPORTCOSTS and hotel and lodging costs incurred inconnection with the deployment of SERVICEPERSONNEL shall be shown separately.
2.3. In the event of preparation of a non-binding costestimate, BOSCH REXROTH shall immediately informthe CUSTOMER if it is ascertained that the SERVICES
cannot be furnished without substantially exceeding
the cost estimate. The cost estimate shall be deemed
to have been substantially exceeded if it differs by atleast 15 % from the cost estimate.
2.4. If BOSCH REXROTH states that the cost estimate has
been substantially exceeded, the CUSTOMER shall beobliged to decide whether he still wants the
SERVICES to be performed. If the CUSTOMER does
not want to continue with the contract on account of
the additional costs, he may terminate the contract
within one weeks after receiving notification fromBOSCH REXROTH. Section 16.1 shall apply. If the
CUSTOMER does not reply within one weeks after
receiving notification of a change in costs, this pricecorrection shall be deemed to have been accepted.
3. Remuneration for work performance, working hours
3.1. BOSCH REXROTH shall be entitled to demandreasonable advance payments.
3.2. The remuneration for the SERVICES shall becalculated on an hourly basis using the COST RATES.
The COST RATES shall be calculated based on thecost factors (especially wage costs, surcharges,
additional
subsistenceandaccommodation
expenses, etc.) which apply at the time of
performance of the SERVICES. If these COST RATES
change, BOSCH REXROTH shall reserve the right toadjust them to a reasonable extent. BOSCH REXROTH
shall inform the CUSTOMER about this change in the
COST RATES and shall provide evidence if requested
to do so. If this leads to an increase in the
remuneration of more than 5 %, the CUSTOMER shallbe entitled to terminate the contract within two
weeks after receiving notification of the change in the
COST RATES. Section 2.4 shall apply accordingly.
3.3. Travel times shall be invoiced as working hours
according to the COST RATES. Waiting times at thework location through no fault of BOSCH REXROTH,
the time required for necessary accommodation andany official reports, and the time required fortroubleshooting shall also be regarded as working
hours.
3.4. The CUSTOMER shall confirm the working hours of
the SERVICE PERSONNEL in writing or electronicallyon a daily or weekly basis or according to the format
submitted after the end of the work depending oncommon practice. The Customer confirmation
constitutes an irrevocable agreement of payment toRexroth by the Customer. Any objections by the
CUSTOMER shall be raised in the submitted format
or separately in writing.
3.5. The regular working time and the remuneration for
additional work, late work, night work and work on
Saturdays and Sundays and PUBLIC HOLIDAYS by the
SERVICE PERSONNEL shall be based on thecollective labor agreements relevant for theindividual employment contract of the employee.
Overtime work shall be performed if this is necessary

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Additional Terms and Conditions for Assembly Service, Repair, and Other Services of Bosch Rexroth Limited
and has been agreed with BOSCH REXROTH.
Exceeding the maximum working time of 10 hours per
day under labor law applicable at the work location
and work on Saturdays and Sundays and PUBLICHOLIDAYS shall only be permitted in exceptional
cases of urgency and shall be approved by BOSCHREXROTH and, if necessary, by the competentsupervisory authorities at the work location. Between
two work shifts a break in accordance with theapplicable labor law at the work location but of atleast 11 hours shall always be observed.
3.6. Agreed price for Services is based on programmed
access to site at all time during the required period.
If access is impeded at any time through no fault of
BOSCH REXROTH then the SERVICES will be delayed
accordingly and any extra cost incurred would bechargeable on a defined day work basis.
3.7. No additional work (i.e. work not defined within theoriginal contracted commitment and scope of theSERVICES) will be undertaken by us or its
representatives without further recorded CUSTOMER
authorisation or the provision of an additional
CUSTOMER’S written order covering the required
variation. The signing of our authorisation documentby the CUSTOMER’S representatives constitutes anirrevocable agreement of payment to BOSCHREXROTH by the CUSTOMER and our invoice value
covering this agreement will be calculated using our
COST RATES.
4. TRAVELLING EXPENSES and TRANSPORT COSTS
4.1. Unless otherwise expressly stipulated, TRAVELLING
EXPENSES and TRANSPORT COSTS shall be paid
separately
bythe
CUSTOMER.
TRAVELLING
EXPENSES and TRANSPORT COSTS shall also include
additional expenditure which is incurred as a resultof rebookings and cancellations for which BOSCHREXROTH is not responsible.
4.2. The right of the SERVICE PERSONNEL of home leaves
shall be based on the currently valid legal regulations
or collective labor agreements.
4.3. The classes, tariffs or rates (e.g. mileage allowance)
claimed by the SERVICE PERSONNEL for necessarymeans of transport (e.g. rental car, taxi, public
transport, airplane, ship) are shown in the COSTRATES.
5. Tool provision costs
5.1. The COST RATES include basic equipment of tools,
devices and measuring instruments customary to thesector . However, if special tools, devices ormeasuring instruments are required to perform theBosch Rexroth Ltd
15 Cromwell Road, St. Neots • PE19 2ES • United Kingdom

SERVICES, they shall be invoiced
according to the latest price list.

separately

6. Non-performable SERVICES
6.1. The services provided in submitting a cost estimate
and any additionally incurred and documented
expenditure shall be invoiced to the CUSTOMER if thework cannot be performed due to reasons for which
BOSCH REXROTH is not responsible, especially if a
failure forming the subject of complaint during repair
work did not arise during troubleshooting or spareparts are not available through no fault of BOSCHREXROTH.
6.2. BOSCH REXROTH shall only restore the SERVICEOBJECT to the state before the start of the SERVICES
in relation to work not forming part of the SERVICES
at the express request of the CUSTOMER in return forreimbursement of the costs.
7. REMOTE SERVICES
7.1. REMOTE SERVICES shall be provided if this has been
agreed by the parties. The specific performance andextent of the REMOTE SERVICES shall depend on thelatest state of the art and the equipment available,
and shall be based on the individual agreement. The
CUSTOMER realizes that situations may arise whichcannot be resolved by REMOTE SERVICES. Thesesituations shall not be covered by the scope of the
REMOTE SERVICES.
7.2. The CUSTOMER shall ensure that his data and otherinformation, which BOSCH REXROTH may come into
contact with when providing the REMOTE SERVICES,
are properly secured. BOSCH REXROTH shall not beliable for any loss of data. The CUSTOMER shall beobliged to check data for viruses, Trojans or othermalware before it is sent to BOSCH REXROTH. The
CUSTOMER shall also be obliged to use state-of-theart anti-virus programs.
7.3. The CUSTOMER shall be personally responsible forestablishing and maintaining the necessary technicalfacilities (e.g. LAN/WLAN/Skype/Team Viewer) in his
area of responsibility for the provision of REMOTESERVICES. The CUSTOMER shall also pay the costs inthis respect. The CUSTOMER shall be responsible for
ensuring that the connection is permanently available
for the duration of the provision of REMOTESERVICES and that it has sufficient speed andcapacity. If it is necessary to use third-party software
provided by the CUSTOMER for the REMOTESERVICES, the CUSTOMER shall ensure that all
licenses required for this software are available, thatno copyrights or industrial property rights of third
parties are infringed, and that his hardware andsoftwareenvironment
satisfies
thesystemrequirements of the software. If necessary, BOSCH

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Additional Terms and Conditions for Assembly Service, Repair, and Other Services of Bosch Rexroth Limited
REXROTH shall be informed in good time before the
REMOTE SERVICES are furnished about user nameand password or system accesses shall be set up.
7.4. During the provision of the REMOTE SERVICES, theCUSTOMER shall ensure that the SERVICE OBJECT isin a suitable and secure condition for this purpose,and that valid legal regulations (e.g. acquisition ofnecessary approvals) are observed. In particular,
existing (IT) security devices shall be maintained andused in a fully functional state ready for operation.
7.5. The CUSTOMER shall inform BOSCH REXROTH
immediately about any changes, which cannot be
discerned by the SERVICE PERSONNEL, in relation to
the condition, state, configuration, operating mode,
repairs, etc. of the SERVICE OBJECT, as well as aboutchanged environmental factors.
7.6. Unless otherwise agreed, a connection for theprovision of REMOTE SERVICES shall only beestablished by BOSCH REXROTH or by a third party
commissioned
by
BOSCH
REXROTHafter
authorization by the CUSTOMER. The CUSTOMER
shall confirm the existence of the suitable and safe
state of the SERVICE OBJECT and its environment
before the connection is established. Unlessotherwise expressly agreed, a person authorized by
the CUSTOMER shall be near the SERVICE OBJECT
during every REMOTE SERVICE and shall be able tosee every movement of the SERVICE OBJECT. In
accordance with Section 8.4. of these SERVICECONDITIONS, the CUSTOMER shall, in particular,
comply with the necessary safety measures in regard
to a REMOTE SERVICE and shall implement any
required special measures or provide relevant
information. The CUSTOMER shall therefore assume
full responsibility on-site.
7.7. The CUSTOMER shall also ensure that BOSCHREXROTH does principally not have any access topersonal data during the REMOTE SERVICES. If
personal data is processed, especially because
employees of the CUSTOMER are visible during the
REMOTE SERVICES, the CUSTOMER shall put up a
notice to the effect that REMOTE SERVICES will be
performed in a specific area before they actuallycommence. If personal data is processed, each party
shall comply with data protection legislation.
8. Duty to collaborate by the CUSTOMER
8.1. The CUSTOMER shall support the SERVICEPERSONNEL to perform the SERVICES at his own
expense including but not limited to advising in
advance of any factors or circumstances which may
affect the Services including the specific location
where any Services is to take place..

Bosch Rexroth Ltd
15 Cromwell Road, St. Neots • PE19 2ES • United Kingdom

8.2. If necessary, the CUSTOMER shall be obliged toprovide technical assistance at his own expense, inparticular to:• Provide the required number of suitable assistants
during the period required for the SERVICES.
BOSCH REXROTH shall assume no liability forthese assistants. If an assistant causes a failure ordamage as a result of mandatory instructions by
the manager of the SERVICE PERSONNEL, theprovisions of Section 10 shall apply accordingly.
•

Perform all earthwork, construction work,
beddingwork
andscaffolding,including
procurement of the necessary construction
materials and resources.

•

Provide the SERVICE OBJECT in a shutdown andcleaned condition.

•

Provide the necessary devices and heavy tools(e.g. lifting gear, compressors), as well as therequired supplies and consumables (e.g.
scaffolding timbers, wedges, underlays, cement,
cleaning and sealing materials, lubricants, fuels,and driving ropes and belts).

•

Provide all necessary resources for the Services tobe carried out and for any product item equipment
plant and/or machinery to operate including but
not limited to heating, lighting and water,
including the necessary connections.

•

Provide necessary, dry and lockable rooms for theequipment and tools brought with the SERVICEPERSONNEL.

•

Provide transport facilities for any parts that haveto be assembled at the work location, protect theparts and materials to be assembled or repaired
against any kind of damaging influences, and forcleaning of the work location.

•

Provide suitable burglar-proof recreation rooms
and work rooms (with heating, lighting, washingand sanitary facilities), and first aid for the
SERVICE PERSONNEL.

•

Provide materials and carry out all other actions,especially safety measures, which are necessary
for the installation of the SERVICE OBJECT and forthe execution of any contractually agreed trial
operation.

•

Provide and dispose of operating media together
with connections, cleaning utensils, oil binding
agents, filter elements and packaging materials.

•

Implement safety-related measures to protect theSERVICE PERSONNEL including but not limited to

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Additional Terms and Conditions for Assembly Service, Repair, and Other Services of Bosch Rexroth Limited
securing the health and safety at work of allservicepersonnelor
sub-contractors
inaccordance with all applicable laws andregulations, including health and safety at work
legislation...
•

Provide any necessary means of communication,either free of charge or in return for a reasonable
fee.

•

provide appropriate levels and/or quantity ofrepresentative end product samples to facilitate
machine commissioning and/or acceptance.

8.3. The technical assistance provided by the CUSTOMER
shall ensure that the SERVICES can start straightaway
after the arrival of the SERVICE PERSONNEL andwithout delay up to acceptance by the CUSTOMER. If
special plans or instructions by BOSCH REXROTH are
required, BOSCH REXROTH shall provide them to the
CUSTOMER in good time.
8.4. The CUSTOMER shall implement the special
measures that are required to protect people andproperty at the work location. The CUSTOMER shallalso inform the SERVICE PERSONNEL (or their
manager) about existing safety and accident
prevention regulations relevant for the SERVICEPERSONNEL.
8.5. If the SERVICES relate to a control system of BOSCHREXROTH or its commissioning, BOSCH REXROTH
shall, in case of doubt, only create the functionalityof the software in accordance with documentation.
The CUSTOMER shall be obliged to (re)create
CUSTOMER-specific adaptations of the software andcomply with valid laws and accident prevention
regulations in this respect.
8.6. If the CUSTOMER fails to comply with his duties tocollaborate, BOSCH REXROTH shall be entitled but
not obliged, after granting a reasonable period ofgrace, to perform the CUSTOMER'S actions instead of
the CUSTOMER at his expense. Legal rights andclaims shall not be affected.
9. Time period for performance of the SERVICES, delay
9.1. All information relating to the execution periods for
performing the SERVICES shall be based on
estimates and shall therefore not be binding. The
CUSTOMER may only request the agreement of abinding period for the performance of the SERVICES,
which shall be deemed to be binding, if the extent of
the SERVICES has been precisely defined.
9.2. A binding performance period shall be deemed tohave been met if, by the end of this period, theSERVICE OBJECT is ready for acceptance or takeoverby the CUSTOMER and, in the case of a contractually
Bosch Rexroth Ltd
15 Cromwell Road, St. Neots • PE19 2ES • United Kingdom

agreed acceptance test, the latter is ready to be
performed.
9.3. In the event of additional orders and contract
extensions placed subsequently or any necessary
additional SERVICES, an agreed execution period
shall be extended accordingly by the time that isrequired to perform these SERVICES.
9.4. If the SERVICES are delayed by industrial disputes, inparticular by strike or lockout, or due to theoccurrence of events for which we are notresponsible, then the completion date shall be
extended by the duration of the event delaying
completion, insofar as such impediments are provento have a considerable influence on the completionof the SERVICES.
10. Acceptance10.1. The CUSTOMER shall be obliged to accept theSERVICES as soon as he has been notified that they
have been completed and any contractual agreed
acceptance test has taken place. If the furnishedSERVICES prove to have a defect, BOSCH REXROTH
shall be obliged to rectify the defect at its own
expense. This provision shall not apply if the defectis based on circumstances for which the CUSTOMER
is responsible or if the defect is insignificant for theinterests of the CUSTOMER.
10.2. If acceptance is delayed through no fault of
BOSCH REXROTH, acceptance shall be deemed tohave taken place after a period of two weeks has
elapsed since notification of completion of theSERVICES or acceptance test.
11. Defect as to quality
11.1. After the SERVICES have been accepted, BOSCHREXROTH shall be liable for defects in the SERVICES
for a period of 12 months from completion of theSERVICES (or such alternative period agreed
between the parties in writing) to the extent that it
rectifies them. In accordance with legal regulations
and in urgent cases endangering operational safety
and to prevent disproportionately serious damage,which shall be reported immediately to BOSCHREXROTH or a reasonable period granted and agreed
by BOSCH REXROTH by the CUSTOMER to BOSCHREXROTH lapses without success, the CUSTOMER
shall only be entitled to rectify the defect himself or
have it rectified by third parties, to request
reimbursement of the documented reasonable andproperly incurred costs. In the event of a justifiedcomplaint, BOSCH REXROTH shall pay the direct
costs incurred in rectifying the defect, unless they areexcessive.

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Additional Terms and Conditions for Assembly Service, Repair, and Other Services of Bosch Rexroth Limited
11.2. The defect claims shall not be valid if the defect isbased on circumstances for which the CUSTOMER is
responsible or if the defect is insignificant for theinterests of the CUSTOMER.
11.3. The claims cannot be made on the basis of defects
if the CUSTOMER has modified or repaired the
SERVICE OBJECT outside normal maintenancemeasures without the approval of BOSCH REXROTH.
12. Payment terms
12.1. When the contract is concluded, BOSCHREXROTH shall be entitled to request a reasonableadvance payment and/or reasonable progress
payments.
13. Data use and Data protection
13.1. In order to furnish the SERVICES, BOSCHREXROTH or third parties will during theirperformance and for the period required hereto use,
store, copy, modify, analyze, supply, read, download
or otherwise process the information that is provided,
generated, read or processed in connection withthese SERVICES.
13.2. BOSCH REXROTH shall have the right to use data,
which is transferred in connection with the
SERVICES, in a pseudonymized or anonymized form
for machine learning and product improvements orenhancements.
13.3. If and to the extent permitted by law, BOSCHREXROTH shall have the right to store, use, transfer
and/or exploit all CUSTOMER information, except
personal data, which is provided, generated, read orprocessed in connection with the SERVICES over andbeyond the subject of the contract for any otherpurposes. These purposes shall include but not belimited to the improvement or enhancement,
production, commercialization and sale of products
and services of BOSCH REXROTH, as well as
statistical, analytical and internal purposes for
instance.
13.4. The CUSTOMER warrants that it is entitled to
grant the designated utilization and exploitationrights according to Sections 13.1-13.3 and that it has
not entered into any agreements opposing such use.
13.5. The rights of BOSCH REXROTH according to thisSection 13 shall be irrevocable, free of charge andworldwide and the rights apply accordingly in favorof companies in the Bosch Group of companies.
13.6. Insofar as personal data is processed by BOSCHREXROTH and/or its any member of the group ofcompanies to which BOSCH REXROTH belongs, thestatutory data protection regulations will beobserved. In this case, the details relating to the data
Bosch Rexroth Ltd
15 Cromwell Road, St. Neots • PE19 2ES • United Kingdom

collected and the respective processing thereof are
set out in the data privacy statements of BOSCHREXROTHhttps://www.boschrexroth.com/en/gb/dataprotection-notice/ (or its affiliated companies ofwhich
the CUSTOMER will be advised in an
appropriate manner.
14. Compensation by the CUSTOMER
14.1. If the devices or tools provided by BOSCHREXROTH are damaged or lost at the work location
through no fault of BOSCH REXROTH, the CUSTOMER
shall be obliged to pay compensation. Damage
caused by normal wear and tear shall not be taken
into account.
15. Liability (supplements the liability provisions in theTerms and Conditions of Sale of Bosch Rexroth
Limited)15.1. Subject to Section 15.2 and 15.3 of these Terms
and Conditions:15.1.1. Our liability in contract, tort (including
negligence or breach of statutory duty),
misrepresentation or otherwise, arising inconnection with the performance orcontemplated performance of the contract
shall be limited, for any one default or seriesof related defaults to the lower of:
15.1.1.1.
50% of the price paid for
the SERVICES, or
15.1.1.2.

£250,000 in aggregate.

15.1.2. We shall not be liable to the Purchaser for
any loss of profit, loss of contract, loss ordepletion of goodwill, loss of or damage todata, loss of opportunity or time, (loss of
production or increased cost of working) or
any costs and expenses or claims forindirect or consequential damage or loss
whatsoever (however caused) which ariseout of or in connection with the contract.
15.2. Nothing in these Terms and Conditions excludes
or limits our liability for fraudulent misrepresentationor for death or personal injury caused by our
negligence.
15.3. Save as set out in these Terms and Conditions, allwarranties, conditions and terms implied by statuteor common law (save for the condition implied by
Section 12 of the Sale of Goods Act 1979) areexcluded from any contract between us and thePurchaser to the fullest extent permitted by law. In
particular, and without prejudice to the foregoing, we
make no warranties and shall not be liable in respectof goods or components manufactured or supplied by

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Additional Terms and Conditions for Assembly Service, Repair, and Other Services of Bosch Rexroth Limited
third parties outside the group of companies to which
we belong.

17.2. COST RATES: Charge rates of BOSCH REXROTH
applying at the time of performance of the SERVICES.

Service contact:

17.3. TRAVELLING EXPENSES: Costs for journeys madeby the SERVICE PERSONNEL to the work location
during the period of performance of the SERVICES i.e.
from the work location to the normal workplace ofthe respective employee and back again as well as forhome leaves,.

Bosch Rexroth Limited
Tel.: 0345 6044106
Email: service@boschrexroth.co.uk
16. Termination of the contract
16.1. If the CUSTOMER makes use of his right toterminate the contract according to Section 2.4 or
Section 3.2 of these Terms, he shall pay BOSCHREXROTH
that
part
of
the
remuneration
corresponding to the SERVICES performed. BOSCHREXROTHmay
additionally
request,asreimbursement for the other costs and lost profit, aflat-rate sum of 10 % of the partial amount from thecontractually agreed total price at the time oftermination that relates to that part of the SERVICES
not furnished by BOSCH REXROTH up to the date of
termination.

17.4. REMOTE SERVICES: Provision of SERVICES using
telecommunication facilities, e.g. by means of remotecontrol/remote access/remote maintenance/remotediagnosis/remote instruction.
17.5. SERVICE PERSONNEL: Persons entrusted by
BOSCH REXROTH to perform the SERVICES.
17.6. TRANSPORT COSTS: Costs of transport andtransport insurance for personal luggage and thetools of the SERVICE PERSONNEL taken or sent inorder to perform the SERVICES.

17. Definitions
17.1. PUBLIC HOLIDAY: The legal public holidays at thework location and other statutory days off.

Acknowledgement of acceptance of these Terms and Conditions of Sale:

Signed by:Date:

Signature:

On behalfof:Return to: Bosch Rexroth Limited, 15 Cromwell Road, St, Neots, Cambridgeshire. PE19 2ES
Registered company number: 768471. Registered office: 15 Cromwell Road, St. Neots, Cambridgeshire,
PE19 2ES. England© Bosch Rexroth Limited
Bosch Rexroth Ltd
15 Cromwell Road, St. Neots • PE19 2ES • United Kingdom

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