Firmly bricked in the earth stands the mold, fired from clay. Today the bell shall be. Quickly, workers, be at hand. From the forehead hot the sweat must run, if the creation shall praise the master, but the blessing comes from on-high for the work, that we prepare in earnest, an earnest word is only right; when accompanied by good banter, then work flows lively forth. So with diligence let us observe, what from weak strength does bud, the useless man be scorned, who never views what he brings forth. Exactly that is what adorns a human being, and for that he got his reason, that in his innermost heart he feels, what he creates with his hand. Take wood from the trunk of the fir, but let it be quite dry, that the compressed flame roars into the furnace's chamber. Cooks the copper's soup, quickly bring the tin thereto, that the viscous meal for the bell, floweth in the manner right. What within the dam's deep pit was built by hand with fire's help, in the towers bell floor high up loudly will proclaim of us. Endure it will in later days and touch many a human ear and with the grieving will lament and join its voice to the service's choir. What down below for Earth's son the changing destinies will bring, that beats on the metallic crown, which edifyingly passes it on. White bubbles I now see burst, well! The masses are in flow. Let the salt of ashes permeate it, that accelerates the casting. From foam too the mixture must be free, that from the pure metal pure and full the voice may sound. Because with the festive sound of joy she greets the well-beloved child on his life's first walk, which he begins in the arms of sleep; for him in the womb of time the black and the lighter lots still rest, mother-love's tender worries guard his golden morning. - The years flee arrow-swiftly. From the girl the boy proudly tears himself, he storms wildly into life, measures the world with his walking stick. A stranger, he returns to his father's house, and splendidly, in youth's full shine, as an apparition from the heights of heaven, with modest, bashful cheeks he sees the young woman now before him. Immediately a nameless yearning clenches the young man's heart, he wanders in confusion, his eyes break out in tears, he flees the brothers' wild ranks. Blushing he follows her tracks and is made blissful by her greeting, in the meadows the prettiest he seeks, with which to decorate his love. Oh! Tender yearning, sweet hoping, first Love's golden time, the eye can see the heavens open, the heart luxuriates in bliss, oh! That she would green eternally, the beautiful time of that young love! Look how the pipes are browning! This little rod I'll now dip in, if we see it re-appear all glazed, it'll will be ready for the cast. Now, workers, quick! Test the mixture for me, to see whether the brittle and the soft for a good sign did combine. Because where austerity and tenderness, where strength and mildness paired, there'll always be appealing timbre. Therefore test, who wants to bind himself forever, whether heart will find right heart. The elation is short, the remorse is long. Lovely in the curls of the bride, the bridal wreath does play, when the bright church bells invite to the splendour of the feast. Alas! Life's most beautiful feast will end the may of life too soon, with the bridal dress, the veil the beautiful illusion is torn. The passion flees! Love must endure, the flower wilts, the fruit must grow. The man must go out into hostile life, must work and strive and plant and produce, calculate, gather, must wager and risk, to hunt for fortune. There streams to him the endless gift, the warehouse fills with precious goods, the rooms grow, the house expands.And inside rules the modest housewife, the children's mother, and reigns wisely in the domestic circle, and teaches the girls, and guides the boy, and stirs without end the industrious hands, and multiplies the gains with orderly mind. And fills with treasures the fragrant chests, nd winds on the purring spindle the thread, and collects in the cleanly smoothed shelves, the shimmering wool, the snow-whitened linen, and adds to the good the gleam and the shine, and rests not at all. And with delighted glance the father from the house's far-seeing gable counts his flowering fortune, sees the towering trunks of the posts and the barns' filled rooms and the warehouses bent with blessing, and the grain fields' moving waves, boasts with a proud mouth: Firmly, as the solid ground, defying the might of misfortune with the splendour of the house he stands! But with the powers of destiny it's not possible to weave a lasting union, and misfortune moves quickly. Well! Now the casting can begin, beautifully jagged is the fracture. But before we let it run, pray a godly verse! Push out the plug! God protect this house! Smoking and in an arc it's shooting forth in fiery-brown waves. Benevolent is the fire's might, if the human being tames and watches it, for what he builds, what he creates, he owes to this heavenly power, but terrible this heavenly power is, if she, casting off her shackles, strides along on tracks her own this free daughter of nature. Beware when she is let loose growing without hindrance through the much populated by-streets rolls the monstrous blaze! Because the elements hate the structure created by human hand. Out of the cloud the blessing pours forth, streams the rain, out of the cloud, aimlessly, flashes lightning's beam! Do you hear the yammering high from the tower? That is the storm! Red as blood is the sky, that is not the glow of day! What a turmoil up the streets! Steam is rising! Wavering, the fire's column rises. Through the long row of the street with the speed of wind it grows, boiling as out of oven's maw, the air is glowing, beams are breaking, posts topple, windows shatter, children cry, mothers scurry aimlessly, animals bleat under the rubble, everyone runs, saves, flees, the night is lit as day, through the long chain of hands in competition flies the bucket, arcing high spurt springs, waves of water. Howling comes the storm, which roaringly seeks the flame. Which, crackling into the dry harvest, falls into the granary's rooms, into the dry trees of the rafters, and as if she wanted in a blow tear away from Earth's mass, in powerful headlong flight, she grows into the height of the sky gigantically large! Hopelessly the human being yields to the godly force, idly he watches all his works go down, amazed. Burnt out is this place, the rough bed of wild storms, in the empty window openings lives the horror, and the heaven's clouds look into all from on high. One glance towards the grave of his belongings the human being still sends back - reaches happily then for his walking stick. Whatever the fire's rage has robbed him off, one sweet consolation is left to him, he counts the heads of his loved ones, and look! He is not missing one of them. It's taken up by the Earth, luckily the mold is filled, will it be beautiful when it sees the light of day, so that diligence and skill be paid? If the cast has failed? If the mold has cracked? Alas! Perhaps just while we hope, misfortune has already struck. The dark womb of sacred Earth we trust with the deed of our hands, the sower trusts his seed and hopes that it may sprout into a blessing, by the will of Heaven. Even more precious seed we store grieving in the womb of Earth and hope, that out of the caskets it will blossom to a better lot. From the cathedral, serious and uneasy, the bell sounds funereal song. Gravely, her grieving peals accompany a wanderer on his last journey. Alas! It is the spouse, the precious, Alas! It is the loyal mother, which the black prince of shadows leads away from the arm of her husband, away from the children's tender flock, which she bore him while in bloom, which she on her faithful breast with motherly love watched grow - Alas! the tender bonds of the house are loosened evermore, she now lives in the land of shadows, she who was the mother of the house, now her faithful reign is missing, her care watches no more, in the orphaned place a strange one shall direct, lovelessly. Until the bell cools off, let the heavy labour rest, as in the foliage the bird will play, may all be good unto themselves. When the light of stars does wink, idle of all responsibilities the journeyman hears the vespers toll. The master, always toil he must. The wanderer far away in the wild forest sprightly points his steps towards his hut beloved he calls his home. The sheep are moving, bleating, towards home, and the cattle's broad-headed, smooth herds come lowing, filling the barns they know. Coming in heavily, sways the wagon, grain-laden, gay with colours on the sheaves lies the wreath, and the young folk of the harvesters flies to the dance. Market and streets become quieter, around the light's homely flame the house's people gather, and creakingly the town's gate closes. The Earth covers itself in black, but the secure burgher is not afraid of the night, which horribly wakes the bad, because the eye of the law is watching. Holy orderliness, heaven's daughter blessing-rich, which binds equality freely, easily and happily, which founded the cities' construction, which called in from the wilderness fields the unruly savage, entered people's huts, got them used to manners mild and wove the most precious of all ties, the urge to have a fatherland! Thousands of busy hands stir, help each other in happy union, and in this fiery movement all powers become known. The master stirs and journeyman too within the holy protection of freedom. Everyone enjoys his place, offering defiance to contemptors. Work is the adornment of the burgher, blessing the reward for toil, if dignity honours the king, we are honoured by industriousness of hands. Treasured peace, sweet concord, stay, s tay friendly over our town! May never come the day, where war's rough hordes rampage through this quiet vale, when the sky, which the soft red of the evening paints so lovely, is lit so terribly from the conflagration of villages and towns! Now break this construction for me, its purpose it has served, so that heart and eye may feast on a well-created construct. Swing your hammer, swing, 'til the coat cracks, if the bell is to rise, the mold must be broken into pieces. The master may break the mold with knowing hand, if the time is right, but beware when in fiery, spouting brooks the glowing ore liberates itself! Blindly raging, with the roar of thunder it bursts the broken house, and as out of the maw of Hell it spews out, igniting destruction; where brute force rules mindlessly, no design can emerge, when the people liberate themselves, then wellbeing can't thrive. Beware, when in the cities' womb the fire-tinder has accumulated, the citizenry, breaking its chains, frightfully seizes arms to help itself! Then tears at the ropes of the bell the uprising, that she clamors howlingly, and, only meant to sound in times of peace, the password gives to violence. Freedom and Equality! one hears proclaimed, the peaceful citizen is driven to arms, the streets are filling, the halls, the vigilante-bands are moving, then women change into hyenas and make a plaything out of terror, though it twitches still, with panthers teeth, they tear apart the enemy's heart. Nothing is holy any longer, loosened are all ties of righteousness, the good gives room to bad, and all vices freely rule. Dangerous it is to wake the lion, ruinous is the tiger's tooth, but the most terrible of all the terrors, that is the human being when crazed. Woe to those, who lend to the eternally-blind enlightenment's heavenly torch! It does not shine for him, it only can ignite and puts to ashes towns and lands. od has given me joy! ook! As a golden star out of the husk, shining and even, the metal kernel peels itself. From the crown to the mouth it gleams like sunshine, the crest's nice panels too praise the experienced builder. Come in! Come in! All journeymen, close the circle, that, christening her, we consecrate the bell, concordia its name shall be, to harmony, to heartening union the loving community shall gather. And this from now on be its calling, for which the master did create her! High above the lowly life of Earth she shall in the blue tent of heaven float, thunder's neighbour, and border on the world of stars, shall be a voice from on high, like the stars' bright host, who as they wander praise their creator and pilot the circle of the year. Only eternal and serious things be her metallic mouth's devotion, and hourly with the swift wings may she touch fleetingly the time, to destiny she may lend her tongue, herself heartless and without compassion, may she accompany in her swinging, the ever-changing play of life. And as the sound fades in the ear, that so mightily issues from her mouth, so she may teach, that nothing lasts, that all things earthly fade away. Therefore now, with the strength of the rope lift the bell out of her tomb for me, that into the realm of sound she may rise, into the air of heaven. Pull, pull, lift! She's moving, floats, may she mean joy for this city, peace shall be her first sounding.
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General Terms (Security Management)
General Terms (Event & Personnel Management)
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General Terms and Conditions of Business Herm & Sommer GmbH
- Event & Personnel Management -
(as at 23 June 2010)
§ 1 General- Scope
Our general terms and conditions apply exclusively. We shall not recognise conditions of the customer which are in contradiction to or conditions which differ from our terms. Our conditions are also then applicable if we are aware of contradictory conditions or deviation from our terms by the customer and we unreservedly carry out delivery to the customer.
All terms and conditions agreed between us and the customer for the purpose of fulfilling this contract are set out in writing in this document.
§ 2 Quotes - Quotation documents
If the offer qualifies as an order in accordance with § 145 of the German Civil Code (BGB), then we can accept it within a period of two weeks.
We reserve the intellectual property and copyright rights for illustrations, drawings, calculations and all other documents. This also applies to written documents that are designated as "confidential". The customer must obtain our expressed written permission before further distribution to a third party.
Orders placed over our websites, are accepted on the date of receipt of the electronic order message. Article 1 above is then applicable.
Specifications in our price lists, catalogues, reports, advertising documents and web sites are non-binding. We reserve the right to make changes to the contents.
Orders which we accept prior to immediate delivery without a preceding confirmation of order are carried out at the list prices effective on the day of the order.
§ 3 Prices - Terms of payment
If no other prices are stipulated in our confirmation order, the prices indicated in it shall apply exclusively.
The legal valued-added tax is not included in our prices. It is shown separately at the legal rate on the invoice on the issuing date of the invoice and includes incidental charges, provided that these costs are known, for example, postage, packaging material, import and export charges.
Deduction of cash discount requires a special written agreement.
The stated value added tax is to be paid to the supplier on delivery and assembly of facilities and equipment as follows: 50% of the estimated value of the equipment at the beginning of assembly, 25% of the value of the equipment and assembly charges when the constructor reports completion of the project, and the rest after handover. If these payments are not made punctually, we are entitled to stop working or to postpone our activities until payment has been made.
If payment has not been made punctually, we are entitled to stop working or to postpone our activities until payment has been made without this being grounds for the buyer to withdraw from or rescind the contract.
So long as the confirmation of order does not state otherwise, the net invoiced amount (without deductions) is due for payment immediately from the date of the invoice. The legal regulations on the consequences of a default in payment based on the base rate of the European Central Bank apply. A minimum charge of 6% p.a. on interest in arrears shall be agreed. If cash on delivery has been agreed, the goods will not be delivered to the buyer until full payment of the invoiced amount.
Should costs in connection with implementing the contract arise during or after the period of the contract, for which legal relationships with third parties of the buyer and us are jointly liable, then the buyer shall bear the full cost and provide us with an indemnity against liability.
The buyer is entitled to rights of retention and set-offs if his counter claims have been legally established, indisputable or recognised by us. Furthermore, he is only authorised to exercise his right of retention if his counter claim is based on the same contractual relationship.
Payment is to be made only into the account stated on invoices. Discharge of debt is regarded as fulfilled only after payment into our bank account has been received.
Payment by cheque and/or bill of exchange occurs on account of performance in accordance with § 364 (BGB) German Civil Code, i.e. the fulfilment occurs only after their irrevocable credit to our account.
If the buyer withdraws from the contract which had been concluded before the time of performance, then we are entitled, based on the assumed minimum assigned time / person to raise a bill against the buyer on the basis of the gross amount of the final invoice as listed below:
- up to 28 days before the performance time 10%,
- from the 27th to 14th day before the performance time 25%,
- from the 13th to 4th day before the performance day 50%,
- from the 3rd day before the performance time up to and including the day of performance 80%.
A minimum assignment time of 4 hours / staff can be assumed so far as personnel are concerned. Costs which have already been incurred by us shall be paid in full by the buyer.
§ 4 Delivery of goods
Goods are delivered to the address given by the buyer, partial deliveries are possible.
Compliance with our delivery obligations assumes the continued punctual and proper fulfilment of obligations by the buyer. The plea of objection of non-fulfilment of contract remains reserved.
The results of a force majeure entitle us to delay delivery for the duration of the hindrance and an adequate period of preparation.
If the buyer defaults on acceptance or culpably breaches any other obligations to cooperate, we are entitled to demand reimbursement for damages arising as a result of this, including any objectively necessary additional expenditure. We reserve the right to pursue further claims.
If the preconditions set out in paragraph (4) exist, the danger of an accidental loss or an accidental deterioration of the purchased item is transferred to the customer at the point in time at which he is in default of acceptance- or debtor default.
We are liable in accordance with the legal regulations in as far as the basic contractual relationship is a firm deal in terms of § 286 paragraph 2 no. 4 of the German Civil Code or § 376 of the German Commercial Code. We are also liable in accordance with legal regulations if as a consequence of a delay in delivery caused by us, the buyer is entitled to assert that his interest in continuing to fulfil the terms of the contract is no longer tenable.
We are further liable in accordance with the legal regulations if a delay in delivery caused by us is based on intentional or gross negligent breach of contract; if the delay in delivery is not based on a deliberate breach of contract, then our liability for compensation is limited to predictable, typically occurring damages.
Delivery dates given by us are not guaranteed.
§ 5 Defects liability
Complaints of defects by the buyer assumes that he has properly carried out the relevant checks for which he is responsible in accordance with § 377 of the German Commercial Code.
In so far as defect of the goods exist, the buyer is entitled to subsequent performance of his choice through removal of the defect or replacement with a new non-defective article. In case of defect removal, we are obligated to bear all costs necessary for the purpose of removing the defect, in particular, transport- routes- labour- and material costs, in so far as this shall not increase cost in that the article is required to be transported to a location that is different to the original place of delivery.
If the subsequent performance is not fulfilled, the buyer is entitled according to his choice to demand rescission or a reduction. The notice of rescission shall be in writing.
We are liable in accordance with legal regulations if the buyer lodges a claim for compensation based on intentional or gross negligence, including intentional or gross negligence of our representative or agent. If a deliberate breach of contract cannot be substantiated, compensation liability shall be limited to predictable, typically occurring damages.
If the buyer is entitled to a right of compensation instead of performance, then our liability shall also be limited to compensation of predictable, typically occurring damages within the scope of paragraph 3.
Particularly excluded from compensation are consequential damages, other indirect damages and losses or loss of profits due to faulty, non- or late deliveries. Liability for personal damages in accordance with the Product Liability Act of 01 January 1990 shall not be limited by the preceding rules.
Liability is excluded if there are no deviations from the above.
The statutory period of limitation for defect claims is 12 months, calculated from the date of risk transfer.
We are not liable for spoilage of food caused by improper storage and/or treatment by the buyer. This also applies to subsequent diseases of third parties resulting from this.
Defect claims are excluded after a period of four weeks if they extend to defects claims which could have been discovered if proper and immediate defect checks had been carried out within this period.
§ 6 General liability
Further liability for compensation other than those provided for in § 5 is excluded regardless of the legal status of the claim. This applies in particular to claims for compensation resulting from mistakes on conclusion of contracts, due to other breach of obligations or due to liability-in-tort claims of compensation for material damages in accordance with § 823 of the German Civil Code.
The limitation at paragraph 1 also applies if the buyer instead of lodging a claim for compensation, demands futile expenditure instead of the performance.
If the compensation liability for us is excluded or limited, this is also applicable in regards to the personal compensation liability of our employees, representatives and agents.
§ 7 Liability and liability limitation
Our liability for material and property damages which have been culpably caused by us, our legal representatives or our agents is restricted to the maximum sums stated in Para. 3, if the damages were not caused by intent or gross negligence by us, our legal representatives or our agents or through culpable breach of essential contractual obligations.
In each case of slight negligence, our liability is limited to damages typical and foreseeable for comparable businesses of this kind.
The maximum sum relevant to Para. (1) is: € 5,000,000.00 for personal injuries, for material damages, for damage to property, for loss of /damage to guarded possessions.
Direct claims for compensation against our staff for material and property damages are excluded, in so far as the damage is not caused by intent or gross negligence or through a breach of substantial contractual obligations. In each case of slight negligence, the liability of the staff is limited to compensation that is typical and foreseeable for comparable businesses.
A liability insurance is available in accordance with § 6 of the Security Ordinance. The insurance contract is unrestrictedly subject to the general terms and conditions of liability insurance (AHB) and the conditions for the liability insurance for security companies. Excluded from this insurance cover, are in particular, damages that bear no connection with the actual security work, such as the gritting obligation in black ice conditions, operation of sun protection installations, or in operating and servicing machines, boilers, heating devices, electrical or similar installations.
§ 8 Assertion liability claims
Claims for compensation must be made against the company within four weeks after the beneficiary, his legal representatives or agents have been made aware of the damage. If the damage cannot be determined within this period, then it is enough, but also necessary that the reason for it is asserted. Claims for compensation which are not asserted within this period are excluded.
The customer is furthermore obligated to provide us with an immediate opportunity, for us or representatives appointed by us to carry out the necessary assessment of the cause of damage, details of the damage and extent of the damage. Damage expenditure incurred because the customer failed to meet his obligations or failed to respond immediately, shall be borne by him.
§ 9 Proprietary Rights
We reserve the rights of ownership of the goods purchased until all payments of the order have been settled. If the customer acts contrary to the terms of the contract, in particular, default of payment, we are entitled to repossess the goods. Repossession of the goods by us is simultaneously a rescission of the contract. We are entitled to dispose of the goods we repossess, the proceeds from sales of the repossessed goods - minus an appropriate administration charge- shall be setoff against the customer's liabilities.
The buyer shall inform us immediately in writing on attachment of debts or other intervention by third parties, so that we can institute action in accordance with § 771 (ZPO) of the Civil Procedure Rules. The buyer shall be liable for any loss incurred by us if the third party is not in a position to reimburse us with court costs and out of court costs of an action in accordance with § 771 of the Civil Procedure Rules.
The buyer is entitled to sell the goods in the normal course of business, however, he assigns all demands for active debts up the amount of the outstanding invoice (including the legally prevailing value added tax) to us, on resale to his customer or an adult third party regardless of whether the goods have been sold after processing. After assignment, the buyer remains authorised to recover these demands. Our right to collect these demands ourselves remains unaffected by this. However, we make the commitment not to collect the demands ourselves as long as the customer continues to meet his payment obligations from the proceeds of the resale, does not fall in arrears, and in particular, no application to open a (consumer-) insolvency proceeding has been made or no suspension of payment exists. However, if this is the case, we can demand that the buyer discloses assigned demands and its debtor, give all information necessary for collection, handover the relevant documents and inform the debtors (third parties) of the assignment
Processing or re-modelling of goods by the customer is always done on our behalf. If the purchased goods are processed with other products not belonging to us, then we acquire joint ownership of the new product proportionate the value of the goods (final sum of invoice, including the legal value added tax) to the other goods at the time of processing. Incidentally, the new product created by re-processing is treated in the same way as the goods supplied under reservation.
If our goods are inseparably mixed with other goods not belonging to us, then we acquire joint ownership of the new product proportionate the value of the goods (final sum of invoice, including the legal value added tax) to the other mixed product at the time of mixing. If the mixing is done so that the goods of the buyer is regarded as the main product, then it understood as agreed that the buyer transfers joint ownership to us on a proportionate basis. The buyer acts as custodian on our behalf for the newly created, sole property or joint property.
§ 10 Enticement ban and contract penalties
The buyer is not permitted to induce our employees to terminate their working relationship and establish a new service- or working relationship as self-employed or employed employee direct and/indirect of the buyer. This rule remains applicable six months after the end of the contract.
If the buyer intentionally infringes on the rule of Para. (1), he is obligated to pay a contract penalty of € 1, 000, - per infringement. Payment is due immediately on demand.
§ 11 Data protection
Data protection is governed by the regulations of the (BDSG) Federal Data Protection Act, above all the §§ 27 ff. BDSG for non-public offices in its respective valid version.
Para. 5 BDSG applies in particular (Data integrity.).
The liability stipulations of Para. 8 shall apply on non-compliance with the legal data protection provisions.
§ 12 Concluding stipulations
In so far as the buyer is a business person in terms of the German Commercial Code, a juristic person governed by private law, or a legal entity under public law or a public special fund, our office in Hamburg is the place of jurisdiction; however, we are entitled to sue the buyer also at a court at his place of residence.
Hamburg as place of jurisdiction is agreed with all contracting parties on conclusion of the contract in case the buyer changes his place of residence or his whereabouts to an area which is outside the place of jurisdiction.
The Civil Procedure Rules is postponed or place of residence or the normal whereabouts is unknown at the time of commencement of action.
The applicable law is the law of the Federal Republic of Germany; Applicability of the UN Purchasing Law is excluded.
The place of business is the place of the place of fulfilment unless otherwise stated in the confirmation of order.
Should a provision become invalid, the validity of the other provisions shall remain unaffected. The content of the invalid clause is governed by the law of disposing. If the law of disposing cannot provide a ruling, then paragraphs §§ 133 and 157 of the German Civil Code has to be reverted to, to provide additional interpretation of terms of the contract.
HERM & SOMMER GmbH • Ehrenbergstraße 69 • 22767 Hamburg • Germany • fon +49 (0)40 / 878 898 80 • fax +49 (0)40 / 878 898 81 •
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