SERVICE

In any operation it is essential that the equipment operates at peak efficiency with minimum downtime. A major factor is achieving this is regular maintenance and timely identification and correction of malfunctions.

 

Our goal is to optimize your production and uptime. Given the size of the service territory and the traveling time required for BPI Technicians to get to many jobsites, the fastest and most cost-effective way to get your machine back into operation is often through direct communication between BPI Customer Service Technicians and customer on-site Technicians.

 

This communication can be by telephone or email. Obviously, the more information, and the more accurate the information from the jobsite, the higher the probability that the problem can be resolved without the time and cost involved in dispatching a BPI Technician to the jobsite. Digital photographs, error codes, and similar information is usually very helpful and should be sent along with the initial communication, if appropriate for the situation.

 

The Service Department in Conroe, TX is open:

Monday - Friday: 7:30am - 4:30pm CST
Saturday & Sunday: Closed (On Call)
24/7 Service Phone: (713) 699-7681
E-Mail: service@bauerpileco.com

  1. The execution of a Service Contract by CUSTOMER shall constitute a service order. Service orders are binding and not subject to cancellation except upon the written consent of BAUER-PILECO and payment to BAUER-PILECO of such cancellation charges, if any, as will prevent loss to BAUER-PILECO. To the extent that the terms and conditions of this Service Contract are contrary to or include additions to any written or oral service order provided by CUSTOMER (whether provided before or after the execution of this Service Contract by the parties hereunder), the terms and conditions of this Service Contract shall control. Any inconsistent or varying or additional terms in CUSTOMER’s service order(s) are hereby rejected. CUSTOMER’s assent to the terms and conditions shall be conclusively presumed from CUSTOMER’s execution of the Service Contract. The Service Contract shall not be considered to be in full force until accepted and properly executed by BAUER-PILECO.
  2. Only the BAUER-PILECO Representative or Management is authorized to make binding commitments for and against BAUERPILECO. Auxiliary persons or entities associated with or assigned by BAUER-PILECO, e.g. technicians, operators, contractors, sub-contractors, or other similar personnel, are not authorized to do so.
  3. Cost estimates provided by BAUER-PILECO prior to completion of the Service are not binding. If the Service costs change, or additional work is found to be necessary, prior written consent of the CUSTOMER must be obtained if the total costs stated in the cost estimate will be exceeded by more than 15 %. If the total costs are not exceeding the cost estimate by more than 15%, CUSTOMER agrees to pay the total amount even without the CUSTOMER’s prior written consent.
  4. If the CUSTOMER wishes to receive a cost estimate with binding price rates before the Service is carried out, the CUSTOMER must expressly request this. Such a cost estimate is binding only if it is submitted in writing and is expressly declared as binding by BAUER-PILECO, and the related order is placed by the CUSTOMER within four (4) weeks of the date of the binding cost estimate/quote. The work required to submit the cost estimate shall not be charged to the CUSTOMER if it can be used to carry out the Service work, otherwise, the work and time to prepare the estimate will be charged.
  5. The prices of all the Service work ordered by CUSTOMER under the Service Contract are quoted and to be paid in U.S. dollars. In the absence of payment terms on the cover page, in case the CUSTOMER has an approved open-ended account, CUSTOMER shall pay the Services within thirty (30) calendar days after the date of the invoice; CUSTOMERS without an approved open-ended account shall pay the Services immediately upon receipt of invoice. In addition, CUSTOMER shall be responsible for any and all taxes, VAT levies and fees, which BAUER-PILECO may be required to collect and pay, under any existing or future law. Unless provided otherwise on the cover page, CUSTOMER shall pay any applicable export, import and other duty tariffs and customs fees or expenses. All payments must be in the form of cash, check, or wire transfer, or such other method as BAUER-PILECO, in its sole discretion, shall authorize. Payments must be received by BAUER-PILECO by the specified due date. Past due invoices are subject to a monthly financing charge of 1.5% (18% annually) but in no event more than the maximum amount permitted by law to be charged with respect to finance charges on past due amounts. In addition, CUSTOMER is liable for any costs and expenses required for the collection of past due amounts, including but not limited to reasonable attorney fees. Furthermore, in case of payment default BAUER-PILECO can, upon written notice to the CUSTOMER, suspend the Services and fulfilment of the Contract; if payment is still not received after a reasonable period of time, at maximum five (5) working days, BAUER-PILECO shall be entitled to withdraw from the Contract and to claim damages.
  6. All additional costs incurred, e.g. hotel, per diem, traveling, taxi, car rentals, flight expenses and similar expenses, shall be borne by the CUSTOMER and shall be charged at cost with the exception of airline flights, which are charged at cost plus 5% to cover administrative costs to make arrangements. For Services Conducted Outside of a BAUER-PILECO facility
  7. The CUSTOMER must maintain compliance with all safety practices and regulations applicable to the particular jobsite. The CUSTOMER must also inform the BAUER-PILECO Service Manager and Technicians of any existing special safety regulations. The CUSTOMER shall notify BAUER-PILECO of any breaches of these safety regulations by the BAUER-PILECO service personnel. In case of serious breaches, the CUSTOMER can refuse the offender access to the jobsite in consultation with the BAUER-PILECO Service Manager.
  8. When requested, the CUSTOMER is obliged to provide assistance at its expense to expedite and complete Services, including, but not limited to:
    (a) Suitable auxiliary personnel required for the Services and for the period required. The auxiliary personnel must follow instructions given by the BAUER-PILECO’s Service Manager. BAUER-PILECO does not assume any liability for the auxiliary personnel.
    (b) All construction, bedding and scaffolding work and procurement of the construction parts required.
    (c) Equipment, cutting tools, commodities and materials required.
    (d) Heating, lighting, operating power, and water including the connections required.
    (e) Lockable, dry rooms required for tool and parts storage.
    (f) Sanitary facilities are available to BAUER-PILECO personnel at all times.
    (g) Security and protection of the jobsite and materials against all damages.
    (h) Cleaning of the jobsite and work area.
    (i) Suitable, theft-proof rest rooms and work spaces (with heating, lighting, washing facility) and first aid for the service personnel.
    (j) Performance of testing, to the extent contractually required.
    (k) Disposal of wastes generated during the Services.
  9. The CUSTOMER is responsible for the availability of and access to the Equipment by the service personnel and the timely provision of the assistance mentioned in section 8 above; the CUSTOMER agrees to pay for hours, if any, that technicians are on stand-by due to unavailability of the Equipment or the required assistance.
  10. In case the CUSTOMER fails to meet its obligations, BAUER-PILECO is entitled but not obliged to perform the acts incumbent on the CUSTOMER on behalf of the CUSTOMER at the CUSTOMER’s expense. Any further or other legal rights and claims of BAUER-PILECO shall remain unaffected.
  11. In case parts or components are required to carry out the Services, BAUER-PILECO will send them to the CUSTOMER at its cost and expense, to be invoiced either together with the Service work or separately, at BAUER-PILECO’s decision. For Services Conducted at a BAUER-PILECO Facility
  12. Unless agreed otherwise in writing, the Equipment shall be delivered to BAUER-PILECO’s facility at the CUSTOMER's expense and collected again by the CUSTOMER upon completion of the Services. In addition, the CUSTOMER must ensure that insurance coverage for the Equipment is maintained during the transportation, Services and storage, e.g. for fire, pipe water, storm and machinery breakdown.
  13. In case CUSTOMER does not furnish proof of sufficient insurance coverage and BAUER-PILECO decides to provide, in its sole discretion, insurance for the transportation to and from BAUER-PILECO’s facility, during the Services and/or storage, CUSTOMER shall bear the costs and shall reimburse BAUER-PILECO for such insurance costs.
  14. Nevertheless, the risk of loss shall at all times be, or remain, with the CUSTOMER.
  15. In case the CUSTOMER delays collecting the Equipment upon completion of the Services, for whatever reason, BAUER-PILECO may charge a storage fee for the period of storage at its facility. The Equipment may also be stored at a different location at the discretion of BAUER-PILECO. The costs and risk of storage are for the account of the CUSTOMER.
  16. In case parts or components are required to carry out the Services, BAUER-PILECO may either invoice those parts or components together with the Service work or separately, at BAUER-PILECO’s decision.
  17. Service completion time estimates provided by BAUER-PILECO are based on a number of variables, many of which are under CUSTOMER’s control. Thus reasonable efforts will be made to commence and complete the Service as scheduled. However, in no event will BAUER-PILECO be responsible for any loss or damage arising out of failure to timely complete the Service as scheduled.
  18. BAUER-PILECO strives to ensure the health and welfare of all employees regardless of where the Service is being performed.
    To that end, by signing this agreement, CUSTOMER agrees to ensure that:
    (a) Only tested and approved lifting devices are used at all times.
    (b) Only qualified operators are allowed to operate lifting devices.
    (c) All tooling used is appropriate for the work being performed and is in good repair.
  19. Work shifts are limited to a maximum of twelve (12) hours with at least eight (8) hours allowed for rest between shifts.
  20. BAUER-PILECO herewith advises the CUSTOMER explicitly of CUSTOMER’s responsibility for taking any and all necessary safety measures to safeguard personnel and property in the respective state or country of usage as well as for instructing all personnel acting for or on behalf of the CUSTOMER or on the construction site in such safety measures. In case, BAUERPILECO provides personnel to the CUSTOMER, CUSTOMER shall at least comply with the BAUER-HSE-Standard (as published on the corporate website under http://www.bauer.de/export/sites/www.bauer.de/pdf/bauer_group/hse/BAUER_HSE_Standard_en.pdf).
  21. Until receipt of all payments for the Service work performed, BAUER-PILECO reserves title to all accessories, spare parts and replacement units irrespective of further security agreements. For cases in which these are combined with other objects, BAUER-PILECO is entitled to a share in the co-ownership of the repair item at the amount of the value of the repair work.
  22. For its receivables under this Service Contract, BAUER-PILECO is entitled to a lien on the CUSTOMER’s Equipment in its possession on account of the Service contract. The lien may also be asserted for receivables arising from work performed previously, the purchase of spare parts and other Services if these are related to the Equipment.
  23. In case of any other claims arising from the business relationship, the lien applies only if this is uncontested or has been declared legally valid by a court of law.
  24. BAUER-PILECO warrants Service work performed by its technicians to be free from defects in workmanship in accordance with the Service Warranty Statement in effect at the time of the service. Service Warranty Statements can be found on the BAUER-PILECO website (www.bauerpileco.com), select Product Support, then Service.
  25. CUSTOMER shall indemnify, defend and hold harmless BAUER-PILECO, its affiliates, shareholders, directors, officers, employees, and agents from and against all losses, liabilities, judgments, awards, settlements, damages, fines, injuries, penalties and costs (including legal fees and expenses), claims, causes or action and suits (the “Liabilities”) by, to, or in favor of any third party, including without limitation employees, contractors, subcontractors or agents of CUSTOMER and its and their affiliates for (a) personal injury (including death) or real and/or tangible property damage, arising out of any damage or loss due to or by reason of any accident, or other casualty, theft or from the claims or demands of liability arising out of the Equipment, or its use, operation, ownership, maintenance or repair, (b) any acts or omission to act under this Service Contract of employees, contractors, subcontractors or agents of CUSTOMER or (c) any negligence, fraud or willful or other tortuous misconduct by CUSTOMER, its employees, contractors, subcontractors or agents or any other person or entity for whose conduct CUSTOMER is legally responsible; provided however, such Liabilities are not directly the result of actions by BAUER-PILECO employees.
  26. With respect to disputes arising under this Service Contract between BAUER-PILECO and CUSTOMER, the parties hereunder agree to attempt in good faith to resolve such dispute before pursuing any remedies available to the parties hereunder at law or in equity, subject to the terms and conditions of this Service Contract.
  27. This Service Contract comprises the entire agreement and contract between the parties hereunder and it is acknowledged that there are no understandings, representations, warranties, express or implied promises, verbal or otherwise, pertaining to this Service Contract or to the Equipment other than the terms and conditions herein. Any future amendments or changes must be in writing and duly executed by the authorized CUSTOMER’s representative and BAUER-PILECO’s management.
  28. This Service Contract and all its terms and conditions shall be interpreted and enforced in accordance with the laws of the State of Texas without giving effect to any rules and principles of conflicts of laws. Any legal proceeding instituted by either party hereunder shall be brought in the courts, state or federal, sitting in Harris County, Texas, and the parties hereunder consent to the jurisdiction and venue of such courts. CUSTOMER HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD HERETO, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION HEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY CUSTOMER AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. BAUER-PILECO IS HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER. The prevailing party in any legal proceeding shall have the right to recover reasonable legal fees and costs.
  29. If any term or provision of this Service Contract is adjudged or declared to be invalid, unenforceable or null by any court or arbitration of appropriate jurisdiction, then such term or provision shall be modified to the extent possible and necessary to preserve the original intentions of the parties hereunder, and the validity and enforceability of the remaining terms and provisions shall not be affected or impaired thereby and remain in full force.
  30. BAUER-PILECO may assign this Service Contract. CUSTOMER may not assign or transfer this Service Contract and the rights and duties derived therefrom without the express written consent of BAUER-PILECO. The retention of payments or the offsetting of any counterclaims of the CUSTOMER shall be permissible only if such counterclaims are undisputed or have been declared legally valid by a court of law.
  31. Nothing in this Service Contract shall be construed or interpreted as creating any kind of partnership or joint venture between the parties. BAUER-PILECO is neither a joint venture partner nor a contractor of the CUSTOMER. It’s the CUSTOMER’s sole responsibility to operate the EQUIPMENT to carry out its projects.