1. The following general terms and conditions of business, delivery and payment apply to all offers and contracts of the contractor. Deviations from these terms and conditions require written agreement. Verbal collateral agreements require written confirmation. The acceptance of other general terms and conditions is expressly rejected. The customer’s general terms and conditions shall only apply insofar as the contractor has expressly consented to them in writing.
2. Offers are non-binding and subject to change until the written order confirmation. They are subject to self-supply, whereby the contractor is responsible for the careful selection of his suppliers. The documents related to the offer – such as illustrations, drawings, dimensions and weights – are only approximate.
3. The German construction tendering and contract regulations (VOB, Parts B and C) apply to all construction work – in particular flooring and wallpapering work. These services comply with the General Technical Regulations (ATV) applicable to the contractor’s work, unless otherwise specified below or in the order confirmations or other special agreements are made. Upon express request, the contractor is prepared to provide the text of the aforementioned provisions for information purposes.
4. Force majeure, unforeseeable, serious operational disruptions shall extend the delivery period by the duration of the delay. The customer shall be informed immediately of the occurrence of such a delay. If the delay lasts unreasonably long, each party to the contract may withdraw from the contract without compensation. If the contractor is unable to meet the agreed performance or delivery deadline for other reasons, the customer must give the contractor written notice of default and grant a grace period appropriate to the nature and scope of the performance, unless the performance is determined according to the calendar. The customer can only claim damages due to delay in the event of intent or gross negligence on the part of the contractor, his legal representative or vicarious agents. When items are delivered, shipment shall be ex workshop or warehouse at the expense and risk of the customer. The contractor is entitled to partial services insofar as they are reasonable for the customer. They will not be executed until prior notice has been given to the customer. Minor deviations are reserved for wood surfaces (colour and grain) as well as for textiles (fabric and colour).
5. 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 at which the notification of the readiness for delivery has been received. Storage costs shall be paid by the customer,
6. Acceptance of the deliveries or services must take place immediately after the indicated completion. This also applies to completed partial deliveries or services.
7. In the event of complaints regarding defects, the contractor must be given the opportunity to inspect the goods on site. In the event of justified complaints, subsequent performance shall take place free of charge within a reasonable period of time. In the event of a failure of subsequent performance, replacement delivery or a reduction of the remuneration may be requested. If the customer is an end consumer who accepts the service exclusively for private personal consumption, he may alternatively demand new production/replacement of the delivery instead of subsequent performance. However, this does not apply if, from the point of view of the contractor, the new production or replacement delivery appears disproportionate to the subsequent performance. In the case of services that are not construction services, the client may also demand cancellation of the contract instead of a reduction in remuneration.
8. The warranty is assumed for construction services in accordance with VOB. The limitation period for other services is 2 years. For contracts with non-consumers (see section 7 sentence 4) 1 year. Repair work, e.g. on upholstered furniture, is subject to a limitation period of 1 year regardless of the person of the contractual partner. The contractor warrants that its performance at the time of acceptance complies with the recognized rules of technology and is not subject to errors that cancel or reduce the value or suitability for normal use or for use as stipulated in the contract. He is always liable for gross negligence and intent, including those of his vicarious agents, but not beyond this. Notification of defects must be given immediately. Claims for damages under the Product Liability Law shall remain unaffected.
9. When delivering, it is assumed that the vehicle can drive directly up to the building and unload. Additional costs caused by further transport routes or due to difficult transport from the vehicle to the building will be charged separately. For transport beyond the 2nd floor, mechanical means of transport must be provided by the client. Stairs must be passable. If the execution of the work of the contractor or the persons commissioned by him is hindered by circumstances for which the customer is responsible, the corresponding costs (e.g. working time and travel fees) will be invoiced.
10. Ownership and copyrights to cost estimates, drawings, drafts and calculations prepared by the contractor remain reserved. Such documents may not be reproduced or made accessible to third parties without the contractor’s consent.
11. The prices are final prices, which include the statutory VAT. The final amounts shown in the offer are determined to the best of our knowledge and – unless otherwise expressly stated – are to be understood as approximate values. They only apply in the case of undivided orders for services and/or deliveries offered and – in the case of construction services – in the case of uninterrupted performance by the contractor. In the case of agreements containing delivery and performance periods of more than 4 months after the conclusion of the contract, the contractor is entitled to enter into negotiations on a new price agreement. For the measurement, the shell dimensions apply in accordance with the relevant DIN regulations contained in the German construction tendering and contract regulations (VOB/C). If work is required outside normal working hours, this requires additional payment of the additional pay.
12. Unless otherwise stipulated in individual contracts, all services, including partial services, must be paid in cash without any deduction within 10 days of invoicing. A deposit of 50% of the order value must be paid upon conclusion of the contract. Payments by bill of exchange are only permitted by special agreement. Bills of exchange and checks are accepted only on account of payment, but not in lieu of payment. The Contractor may demand immediate cash payment in exchange for the return of the document, including for documents due at a later date. Interest on late payment is charged to consumers (see section 7 sentence 4 above) at 5% p.a. above the base rate in accordance with § 1 of the Discount Rate Transition Law of 9 June 1998. For contracts without consumer participation, the interest rate shall be 8% above the above-mentioned base rate p.a. It shall be set higher or lower if the contractor proves a charge with a higher interest rate or the customer proves a lower charge. Payments are first credited against any dunning costs incurred, interest and then against the oldest debt. Substantial deterioration in the creditworthiness of the customer entitles the contractor to demand advance payments or security. If the customer does not comply with the payment agreements made, the contractor is entitled to set a grace period with a notice of refusal and to withdraw from the contract after its expiry or to demand compensation for non-performance.
13. In the event of differences of opinion, only experts who are publicly appointed by a Chamber of Crafts in Germany for the interior decorating trade are authorised to assess defects in performance and delivery. The customer shall bear the costs incurred if the inspection reveals that unjustified complaints have been made.
14. The contractor shall retain ownership of the delivered goods until the complete payment of his invoice. If ownership is lost by legal force, the customer hereby assigns his future claim against the purchaser of ownership to the contractor in the amount of the outstanding claims. The customer is obliged to adequately insure the items against fire, water, theft and burglary for the duration of the retention of title. If necessary, he assigns the insurance claims to the contractor in the amount of the object value or in the amount of the outstanding claims. In the event of seizure of the items subject to retention of title, the customer must notify the contractor immediately in writing and inform the pledgee of the retention of title. The customer is not entitled to sell, give away, pledge or transfer the goods delivered to him under retention of title as security.
15. The place of performance shall be the customer’s registered office. If the customer is a merchant, the sole place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the contractor; the legal relationship between the parties shall be governed by German law without the conflict of law rules of private international law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should any provision in these general terms and conditions be or become invalid, this shall not affect the validity of all other provisions or agreements.
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