1. Fundamental terms
German law applies. The GTC apply regardless of whether we become acontracting party as contractor or client.
Any deviating terms and conditions of the customer or supplier that conflict with our GTC are contradicted.
The GTCs do not apply to contracts awarded in accordance with VOB/A or VOL/A.
2. Further contractual basis
2.1 Order acceptance
All offers are non-binding until the order is accepted. If the client's order deviates from our offer, a contract in this case is only concluded with the confirmation of the contractor.
2.2 Delay in delivery
If the performance owed by us is delayed due to force majeure, legal strike, incapacity on the part of the contractor or one of his suppliers through no fault of his own or unfavorable weather conditions, the agreed delivery period shall be extended by the duration of the delay.
If the delay lasts unreasonably long, each party of the contract may withdraw from the contract without compensation. If the delivery cannot take place on the agreed date due to circumstances for which the customer is responsible, the risk shall pass to the customer at the time when he receives notification of readiness for delivery. Storage costs shall be borne by the client. We reserve the right to claim further delay costs.
2.3 Notifications of defects
Obvious defects in our performance must be notified in writing by entrepreneurs two weeks after delivery of the goods or upon acceptance of the performance. On expiry of this period, claims for obvious defects can no longer be asserted. The further regulations for commercial purchases remain unaffected.
2.4 limitation of defects
For contracts with contractors that do not concern construction work the warranty period is one year. In the case of repair work that does not constitute construction work, the warranty period is one year, regardless of the person of the contractual partner. The provisions of this paragraph shall not apply in the event of intent or gross negligence or if claims are asserted for injury to life, body or health or if the seller has fraudulently concealed the defect or has taken over a guarantee for the quality of the delivery item.
2.5 Implementation of the warranty
In the case of justified notices of defect, we have the choice of either repairing the defective delivery items or supplying the customer with a replacement in return for taking back the item complained about. As long as we fulfil our obligations to remedy the defects, the customer does not have the right to demand a reduction of the remuneration or cancellation of the contract, unless the remedy fails. If a repair or replacement delivery is impossible, fails or is refused, the client may, at his discretion, demand a corresponding price reduction or cancellation of the contract. Sentence 1 shall not apply to consumer transactions concerning the purchase of movable goods.
2.6 Removal and installation costs
The legal regulation in the law on sales contracts for the assertion of removal and installation costs applies without restriction. All deviations from the regulation in § 439 para. 3 BGB are completely contradicted.
When delivering, we assume that the vehicle can drive directly to the building and in order to unload. Additional costs which are caused by further transport routes or because of more difficult delivery from the vehicle to the building will be charged separately. For transports beyond the 2nd floor mechanical means of transport are to be provided by the client. Stairs must be passable and protected against damage. If the execution of our work or that of persons commissioned by us is hindered by circumstances for which the customer is responsible, the corresponding costs (e.g. working hours and travel expenses) will be charged.
2.8 Down payment
If no individual payment plan has been agreed upon, we can demand a down payment for partial services in the amount of the value of the services rendered.
3. Formal acceptance
If a formal acceptance is provided for in the contract, the acceptance effect shall also occur if the customer has been requested to carry out the acceptance once in vain and in a reasonable manner. The effect of acceptance shall take effect twelve working days on receipt of the request.
4. Compensation for damages
If the customer terminates the contract for work in accordance with § 648 BGB, we are entitled to demand 10% of the total order amount or 10% of the remuneration for the part of the service not yet performed as compensation. We can also claim a higher amount if we can provide appropriate proof.
The customer expressly reserves the right to prove a lower damage.
5. Maintenance, control and care instructions
5.1 We would like to point out that maintenance work must be carried out to ensure permanent function, in particular
- Fittings and common components are to be checked and possibly oiled or greased
- Sealing joints must be checked regularly
- Coatings inside and outside (e.g. windows, floors, steps) are to be treated according to the type of paint or glaze and the influence of weather and use
This work is not included in the scope of the order, unless expressly agreed otherwise. Failure to carry out maintenance work can impair the service life and functionality of the components without raising claims for defects.
5.2 The professional installation of modern windows and exterior doors improves the energy quality of the building and makes the building envelope more airtight. In order to maintain the indoor air quality and to prevent the formation of mold, additional requirements for the ventilation of the building according to DIN 1946-6 must be met. A ventilation concept that may be necessary in this respect is a planning task that is not the subject of the order to the craftsman and must be arranged by the client/builder in any case.
5.3 Insignificant, reasonable deviations in dimensions and design (color and structure), in particular in the case of repeat orders, are reserved, as far as these are inherent in the nature of the materials used (solid woods, veneers, leather, fabrics and similar) and are customary.
5.4 In order to protect and maintain the delivered components (e.g. windows, stairs, parquet flooring), the customer must ensure suitable climatic room conditions (air humidity, temperature).
6.Exclusion of the set-off
Offsetting against other than undisputed or legally established claims is excluded.
7. Retention of title
7.1 Delivered items remain our property until full payment of the remuneration.
7.2 The customer is obliged to notify us immediately in writing of any seizure of the items subject to retention of title and to inform the pledgees of the reservation of ownership. The customer is not entitled to sell, give away, pledge or assign by way of security the items delivered to him under retention of title.
7.3 If the delivery is made for a business operation maintained by the customer, the items may be resold within the scope of proper business management. In this case, the claims of the customer against the purchaser arising from the sale are already now assigned to us in the amount of the invoice value of the delivered reserved goods. If the items are resold on credit, the customer must reserve the right of ownership against his customer. The customer hereby assigns to us the rights and claims arising from this reservation of title against his customer.
7.4 If items subject to reservation of ownership are installed as essential components in the customer's property, the customer hereby assigns to us the claims arising from a sale of the property or of property rights in the amount of the invoice value of the items subject to retention of title with all ancillary rights.
7.5 If the items subject to retention of title are installed by the customer or on behalf of the customer as essential components in the property of a third party, the customer hereby assigns to us any claims for remuneration arising against the third party or the party it concerns in the amount of the invoice value of the items subject to retention of title with all ancillary rights. In the event of processing, combining and mixing of the reserved objects with other objects by the customer, we shall be entitled to co-ownership of the new object in the ratio of the invoice value of the reserved objects to the value of the other objects.
8. Ownership and copyright
We reserve our property rights and copyrights to cost estimates, drafts, drawing and calculations. They may not be used, duplicated or made available to third parties without our consent. They have to be returned immediately if the order is not placed.
9. Dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
10. Place of jurisdiction
If both parties to the contract are merchants, the exclusive place of jurisdiction is the registered office of our company.