1. applicable law
German law shall apply.
2. further contractual bases
2.1 Order acceptance
All offers are non-binding until the order is accepted. If the Client's order deviates from the Contractor's offer, a contract shall only be concluded in this case upon confirmation by the Contractor.
2.2 Delay in delivery
If the performance owed by the Contractor is delayed due to force majeure, lawful strike, incapacity for which the Contractor or one of its suppliers is not responsible or unfavourable weather conditions, the agreed delivery period shall be extended by the duration of the delay.
If the delay is unreasonably long, either party to the contract may withdraw from the contract without compensation. If the delivery cannot be made on the agreed date due to circumstances for which the client is responsible, the risk shall pass to the client at the time at which he receives notification of readiness for delivery. Storage costs shall be borne by the client.
2.3 Notification of defects
Obvious defects must be reported in writing by entrepreneurs two weeks after delivery of the goods or upon acceptance of the service. After expiry of this period, claims for obvious defects can no longer be asserted.
2.4 Limitation period for defects
The limitation period for defects in contracts with entrepreneurs that do not relate to construction work is one year. In the case of repair work that does not constitute construction work, the warranty period is one year regardless of the identity of the contractual partner.
2.5 Implementation of the warranty
In the event of justified notices of defects, the Contractor shall have the choice of either repairing the defective delivery items or supplying the Client with a replacement in return for taking back the item complained about. As long as the Contractor fulfils its obligations to rectify the defects, the Client shall not be entitled to demand a reduction in payment or cancellation of the contract, unless the rectification has failed. If a rectification 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 Delivery
In the case of delivery, it is assumed that the vehicle can drive directly to the building and unload. Additional costs incurred due to longer transport routes or more difficult access from the vehicle to the building shall 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 by the contractor or the persons commissioned by him is hindered by circumstances for which the client is responsible, the corresponding costs (e.g. working time and travelling expenses) shall be invoiced.
2.7 Payment on account
If no individual payment plan has been agreed, a payment on account may be demanded for partial services in the amount of the increase in value.
2.8 Due date
Once the contractual service has been rendered and delivered or accepted by the Contractor, the remuneration shall be due for payment immediately after simple invoicing and without deduction of discount, unless otherwise agreed.
3. Formal acceptance
If formal acceptance is provided for in the contract, acceptance shall also take effect if the client has been requested once in vain and in a reasonable manner to carry out acceptance. Acceptance shall take effect twelve working days after receipt of the request.
4. liquidated damages
If the client cancels the contract for work and services before the work is carried out, the contractor is entitled to demand 10% of the total order amount as compensation. The Client expressly reserves the right to provide evidence of lower damages.
5. Technical information
5.1 The Client is advised that maintenance work must be carried out on its part, in particular:
- Fittings and common components must be checked and, if necessary, oiled or greased,
- Sealing joints must be checked regularly,
- Coatings inside and outside (e.g. windows, floors, steps) must be re-treated according to the type of paint or varnish and the effects 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 may impair the service life and functionality of the components without this giving rise to claims for defects against the contractor.
5.2 The professional installation of modern windows and external doors improves the energy quality of the building and makes the building envelope tighter. In order to maintain the indoor air quality and prevent the formation of mould, additional requirements for the ventilation of the building must be met in accordance with DIN 1946-6. A ventilation concept that may be necessary in this respect is a planning task that is not part of the contract awarded to the tradesman and must be arranged by the client/builder in all cases.
5.3 Insignificant, reasonable deviations in the dimensions and designs (colour and structure), in particular in the case of repeat orders, are reserved insofar as these are in the nature of the materials used (solid wood, veneers, leather, fabrics and similar) and are customary.
5.4 The customer must ensure suitable climatic room conditions (humidity, temperature) for the protection and preservation of the delivered components (e.g. windows, stairs, parquet flooring).
6. Payment
Cheques are only accepted on account of payment, not in lieu of payment.
7. exclusion of set-off
Offsetting against claims other than undisputed or legally established claims is excluded.
8. Retention of title
8.1 Delivered items shall remain the property of the Contractor until full payment has been made.
8.2 The Client is obliged to notify the Contractor immediately in writing of any seizure of the items subject to retention of title and to inform the pledgees of the retention of title. The Client is not authorised to sell, give away, pledge or assign as security the items delivered to him subject to retention of title.
8.3 If the delivery is made for a business operation maintained by the client, the items may be resold in the ordinary course of business. In this case, the Client's claims against the customer arising from the sale are hereby assigned to the Contractor in the amount of the invoice value of the delivered goods subject to retention of title. In the event of resale of the items on credit, the Client shall reserve title to the items vis-à-vis its customer. The Client hereby assigns to the Contractor the rights and claims arising from this retention of title vis-à-vis its customer.
8.4 If items subject to retention of title are installed as essential components in the Client's property, the Client hereby assigns to the Contractor the claims arising from the sale of the property or of property rights in the amount of the invoice value of the items subject to retention of title together with all ancillary rights.
8.5 If the items subject to retention of title are installed by or on behalf of the Customer as essential components in the property of a third party, the Customer hereby assigns to the Contractor any claims for remuneration arising against the third party or the party concerned in the amount of the invoice value of the items subject to retention of title together with all ancillary rights. In the event of processing, combining and mixing of the items subject to retention of title with other items by the Client, the Contractor shall be entitled to co-ownership of the new item in the ratio of the invoice value of the items subject to retention of title to the value of the other items.
9. ownership and copyright
The Contractor reserves the right of ownership and copyright to cost estimates, drafts, drawings and calculations. They may not be used, reproduced or made accessible to third parties without the Contractor's consent. They must be returned immediately if the order is not placed.
10. Dispute resolution
The contractor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. place of jurisdiction
If both contracting parties are merchants, the exclusive place of jurisdiction shall be the Contractor's place of business.
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