2. In case of work according to result the performance shall be invoiced as follows:
2.1 Personnel Costs
2.1.1 Customer shall certify the personnel of KCS GmbH the daily actual working times on the submitted working time sheets. Any discrepancies shall be clarified prior to their signing. A later complaint concerning the times recorded on the working times sheet is not possible. If Customer does not sign timely, then the records made by the personnel of KCS GmbH shall be deemed to be accepted by Customer and correct. If Customer refuses the signature on the working time sheet, then the personnel of KCS GmbH is entitled to postpone the further work until the facts have been sufficiently clarified. The causing contractual party shall have to pay for the additional costs incurred in this respect.
2.1.2 The hourly pay rates determined on the supplement “Assembly Tariffs” shall apply.
2.2 Journey Expenses
2.2.1 Customer shall be billed for the expenses on the clock and according to actual expenses for return journeys as well as for travels within the country of assignment by train, ship, plane or any other necessary means of transport including the necessary additional expenses such as e.g. for insurances, freight and customs concerning luggage, passport and visa fees, granting entry and exit permits, residence and working permits, required medical checks when leaving and returning as well as for vaccinations of the personnel of KCS GmbH.
2.2.2 Insofar as any special circumstances do not require the use of another class, KCS GmbH shall charge Customer for:
- Air travel in the Economy Class
- Rail travels tickets of the Second Class
- Car mileage allowances according to supplement “Assembly Tariffs”
2.3 Separation Allowance
The personnel of KCS GmbH shall have a claim for a healthy and sufficient catering as well as for a good an clean, heated and air-conditioned respectively single accommodations at the place of assembly or nearby. KCS GmbH shall charge Customer the flat-rate amounts for additional meal expenses and overnight stays according to the Federal Ministry of Finance as amended in order to cover the catering and accommodation expenses insofar as such ones shall not be assumed directly by Customer as well as the incidental expenses for beverage, laundry, etc. if the accommodation and catering are given, KCS GmbH shall charge Customer with 50 % of the flat-rate amount for additional meal expenses in order to cover the other costs.
2.4 Journeys Home
The personnel of KCS GmbH shall have claim for paid journeys home in case of a stay of more than three weeks for assemblies within the EU, in case of a stay of more than six weeks for assemblies outside the EU. Customer shall bear the costs for the round trip from the place of assembly to the registered office of KCS GmbH. The expenditure of time for the round trip as well as the separation allowances shall be calculated according to the points 7.1, 8.2.2 and 8.2.3.
2.5 Costs of Tools and Instruments
Daily and hourly pay rates cover the costs for providing the devices in a standard equipment with ordinary tools and standard devices. For the assembly of plants KCS GmbH sends a tool container which is completely equipped. KCS GmbH shall just calculate costs for transport and insurance as well as possibly incurring fees and charges related to the import and export of the container.
2.6 Consumables and Small Items of Equipment for Assembly
Such consumables, material for installation and small items of equipment for assembly being supplied by KCS GmbH shall be calculated according to actual expenses.
2.7 KCS GmbH shall charge Consumer for all the contributions such as taxes, fees and those for the social security and such related ones which KCS GmbH shall have to pay in connection with this contract outside the Federal Republic of Germany.