General Terms and Conditions for the Repair of Machinery and Equipment (R 2017)

ORGALIME 2017

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The new R 17-conditions have not been adopted in order to remedy any specific defects in the R 02-conditions. The R 02-conditions are perfectly okay from a legal point of view. The objective of the ORGALIME-working group “Legal Affairs” has mainly been to clarify certain issues, where a certain clause could be misinterpreted, and to add certain responsibilities for each of the parties to a repair contract. Another objective has been to harmonize the conditions with the ORGALIME-general conditions for maintenance (M 17), which to a certain extent cover similar issues. And last but least, the new R 17-conditions clarify the liability regime, in order to prevent any misunderstandings.
[TAB:overview of the major changes]ORGALIME has made it its responsibility to ensure that companies in the sector can use adequate legal
tools to make life easier by making model contracts and general conditions available. These contracts
and conditions are prepared in the working group “Legal Affairs” of ORGALIME, consisting of lawyers of
the ORGALIME-member associations in the European countries. This working group has recently
adopted revised general conditions for repair of mechanical, electrical and electronic equipment. These
conditions are referred to as the R 17-conditions and replace the R 02-conditions.
The new R 17-conditions have not been adopted in order to remedy any specific defects in the R 02-
conditions. The R 02-conditions are perfectly okay from a legal point of view. The objective of the
ORGALIME-working group “Legal Affairs” has mainly been to clarify certain issues, where a certain
clause could be misinterpreted, and to add certain responsibilities for each of the parties to a repair
contract. Another objective has been to harmonize the conditions with the ORGALIME-general conditions
for maintenance (M 17), which to a certain extent cover similar issues. And last but least, the new R 17-
conditions clarify the liability regime, in order to prevent any misunderstandings.
The major changes of the R 17-conditions compared with the old R 02-conditions are the following:

1. It has been put beyond doubt that the Contractor, taking care of repair on behalf of the Customer,
is obliged to apply proper skill and care, but is not obliged to guarantee a good result of his activities.
Please see Clauses 3, 15 and 24 of the R 17-conditions. The Contractor should indeed not become
the victim of defects in the design or construction of a product which cannot be remedied just by
doing repair. Such defects can only be remedied by changing the design or construction of the
product itself, which goes far beyond the scope of responsibilities of a contractor whose duty is to
“repair” the product, i.e. taking care that the product is restored to its original state.

2. Clause 6 has been extended to provide for additional responsibilities of the Customer to enable the
Contractor’s repair work, particularly by doing preparatory work and taking care of adequate
working conditions at his premises.

3. It has been made clear in Clause 13 that the Contractor shall be entitled to reimbursement of
additional costs due to delay of the repair work if the Customer cannot let the Contractor carry out
the repair work at the agreed time.

4. Clause 15 makes it clear that the Contractor is not only obliged to complete repair work at any
agreed time, but also to start work at any such agreed time. This may indeed be important for the
Customer, as he must enable repair activities of the Contractor which may interrupt his normal
production process.