Terms and Conditions

Our general terms and conditions.
General terms and conditions of the wood and plastics processing craft (as of 1.1.02).
1. Construction Services
For all construction services (carpentry and interior design) including assembly, the “Verdingungsordnung für Bauleistungen” (VOB part B) in its version valid at the closing of the contract shall apply where the order is placed by a contractual partner working in the construction business. When an order for construction services is played by a consumer, the “Verdingungsordnung für Bauleistungen” (VOB/B) shall only become part of the contract if agreed separately and if the full text of the VOB part B is submitted to the consumer before the contract is closed.
2. Other Construction Services and Deliveries
For manufacture, delivery and maintenance of furniture and other parts, and for other services that are not construction services in the sense of the above number 1 or construction services where the VOB part B are not included according to number 1, shall generally be subject to the provisions of numbers 2.1 to 2.6.
1. Confirmation
Until the order is confirmed, no offers are binding. Where the principal’s order deviates from the contractor’s cost estimate, the contract shall only be closed with the contractor’s confirmation.
2. Where the service owed by the contractor is delayed by force majeure, a rightful strike, inability to perform by the contractor or one of his suppliers that was not culpably caused or impediment weather. The delivery period shall be extended by the duration of the delay.
3. Warranty
Any obvious defects must be indicated in writing within two weeks of delivery of the goods or when the service is accepted. After this period, no warranty claims can be raised due to obvious defects anymore.
4. Defects
In case of rightful notifications of defects, the contractor shall, at his choice, either improve the defective objects delivered or deliver a replacement to the principal while taking back the object of the complaint. When the contractor meets his obligations to remove the defect, the principal shall not have any right to demand reduction of the compensation or rescission of the contract, unless improvement fails. When improvement or replacement delivery is not possible, fails or is refused, the principal may, at his discretion, demand the respective price reduction or rescission of the contract.
5. Downpayments
For parts of the services that are completed and for specially manufactured components, a downpayment may be charged, amounting to the value of the service rendered, if title in it is transferred to the principal. If the installation of components ready for installation is delayed for more than 14 days for reasons caused by the principal, which also includes delays in the construction progress, a downpayment amounting to the value of the service rendered shall be payable if title in the components passes at the same time.
6. Compensation
When the contractual service has been rendered by the contractor and accepted, compensation shall be due at once and without any discount after invoicing if nothing else was agreed on.
3. Formal Acceptance
Where formal acceptance is indicated by the contract, the effect of the acceptance shall also apply where the principal was requested twice in a reasonable manner to perform acceptance. The effect of acceptance shall apply twelve working days after receipt of the second request.
4. Gross Damages
Where the principal terminates the contract for work before the construction is performed, the contractor shall have the right to charge 10 % of the overall contractual value as damages. The principal shall retain the express right to prove that the damage arising is lower.
5. Technical Notes
1. The principal is informed that maintenance work must be performed, in particular:
• Fittings and moving parts must be checked and possibly oiled or greased
• Outer paint (e.g. windows) must be treated suitably for paint or glaze and weather. This work is not part of the scope of work if not expressly agreed on differently. Where maintenance was not performed, the service life and function of the components can be impaired without any warranty claims arising against the contractor. 2. Inessential, reasonable deviations of size and design (color and structure), in particular for subsequent orders, are reserved where these are due to the nature of the materials used (solid wood, veneer) and are usual.
6. Payment
Payment by bills of exchange shall only be permissible if agreed on specifically. Bills of exchange shall only be taken in lieu as payment, not instead of payment. Expenses and taxes for bills of exchange shall be at the expense of the principal.
7. Set-off
Setting off against other than undisputed or legally determined receivables shall be excluded.
8. Retention of Title
1. Objects delivered shall remain the contractor’s property until compensation has been paid in full.
2. The principal shall be obliged to indicate any pledges of the objects subject to retention of title to creditors without delay in writing and to inform the pledgees of the retention of title. The principal shall not have the right to sell, give away, pledge or provide as collateral the objects delivered to him under retention of title.
3. Where delivery is made for a business operation maintained by the principal, the objects may be sold on in the proper course of business. In this case, the principal’s claims against the buyer from the sale are even now assigned to the contractor at the amount of the value invoiced for the object subject to retention of title that was delivered. When the object subject to retention of title is sold for credit, the principal shall retain the title towards the purchaser. The rights and claims from this retention of title towards his purchaser are hereby assigned to the contractor by the principal.
4. Where objects subject to retention of title are integrated into the principal’s property as essential components, the principal even now assigns any claims resulting from sale of the property or property rights at the amount of the value of the invoice for the objects subject to retention of title, including all auxiliary rights, to the contractor.
5. Where objects subject to retention of title are integrated as essential parts into a third party’s property by the principal or on the order of the principal, the principal even now assigns any claims that may arise against the third party or the party whom it may concern, for compensation amounting to the value of the invoice of the objects subject to retention of title, including all auxiliary rights, to the contractor. In case of processing, improving and mixing the objects subject to retention of title with other objects by the principal, the contractor shall receive joint ownership in the new object at the ratio of the value of the invoice for the objects subject to retention to the value of the remaining objects.
6. Where the objects of the delivery have become essential parts of the property, the principal commits to permitting the contractor disassembly of such objects that can be removed without essential impairment of the building structure and to return title in these objects to him in case of non-compliance with any essential payment deadlines. Disassembly and other costs shall be at the expense of the principal.
9. Property and Copyright
The contractor reserves his property rights and copyright in cost estimates, drafts, drawings and calculations. They must not be used, composed or made accessible to any third parties without his consent. They must be returned without delay if not ordered.
10. Jurisdiction
When both contractual partners are merchants, exclusive jurisdiction shall be the contractor’s site of business.