Conditions
TERMS OF SERVICE
of carpentry and carpentry (as of 01.01.2018)
1. Basics.
German law applies. We expressly object to our terms and conditions
deviating general terms and conditions of the customer or supplier. For awards in accordance with
The general terms and conditions do not apply to VOB/A or VOL/A. The GTC apply regardless of
whether we, as client or contractor, become a party to the contract.
2. Other works and supplies
2.1. order acceptance
All our offers are non-binding until the order is accepted. Deviates the
If the client's order deviates from our offer, a contract is formed
in this case only with our confirmation.
2.2. delivery delay.
If the performance owed by us becomes lawful due to force majeure
strike, incapacity through no fault of ours or one of ours
Suppliers and unfavorable weather conditions are delayed, so extended
the agreed delivery period is increased by the duration of the delay. Lasts
the delay is unreasonably long, each part of the contract can do so without compensation
withdraw from the contract. Can we due to circumstances
for which the client is responsible, not at the agreed date
deliver, the risk passes to the customer at the point in time
which he received notification of our readiness for delivery. storage costs
are at the expense of the customer. We reserve the assertion
further delay costs.
2.3. complaint.
Obvious defects in our performance must be within the entrepreneur
two weeks after delivery of the goods or upon acceptance of the service
complain in text form. After this period, claims for defects due to
obvious defects can no longer be asserted. The more advanced
Regulations for commercial purchases remain unaffected.
2.4. statute of limitations.
In the case of contracts with entrepreneurs that do not involve construction work, we perform
a warranty of one year for defects. we do repair work,
which do not represent construction work, the warranty is statute-barred
of one year regardless of the person of the contractual partner. the
The provisions of this paragraph do not apply in the event of intent or gross negligence
exists or claims due to injury to life,
body or health are asserted or insofar as we
Defect fraudulently concealed or a guarantee for the quality of the
have taken over the delivery item.
2.5. implementation of the guarantee.
In the case of justified notices of defects, we have the choice of either the defective ones
to improve the delivery items or to the customer against taking them back
to supply a replacement for the object complained of. As long as we have ours
The customer has to meet his obligations to remedy the defects
does not have the right to reduction of remuneration or rescission
of the contract to demand, unless a failure of the
improvement is available. If a repair or replacement delivery is impossible,
if it fails or is refused, the client can
a corresponding price reduction or rescission at his choice
of the contract require. Sentence 1 does not apply to consumer transactions
about the purchase of movable property.
2.6. removal and installation costs.
The legal regulation in sales contract law applies without restriction to the
Assertion of removal and installation costs.
2.7. Delivery.
When delivering, we assume that our vehicle is directly at the building
can be unloaded. Additional costs caused by additional transport routes
or caused by difficult access from the vehicle to the building
will be charged separately by us. For transports over the 2.
Mechanical means of transport are to be provided by the client beyond the storey.
Stairs and walkways must be passable and protected against damage
be protected. If the execution of our work or that of
persons commissioned by us are hampered by circumstances which the client
is responsible for, we shall provide the corresponding costs (e.g.
working time and travel expenses) into account.
2.8. advance payment.
If no individual payment plan has been agreed, we can pay for partial services
demand an advance payment in the amount of the value of the service rendered.
3. Formal Acceptance.
If a formal acceptance is stipulated in the contract, the acceptance effect occurs
even if we contact the client once in vain and
have requested in a reasonable manner to carry out the acceptance.
Acceptance takes effect twelve working days after receipt of the request.
4. Liquidated Damages.
If the client terminates the work contract in accordance with § 648 BGB, we are
entitled to 10% of the remuneration for the part of the work that has not yet been performed
to claim damages. With appropriate proof
we can also claim a higher amount. The client
expressly reserves the right to prove that no or
less damage has occurred.
5. Maintenance, control and care instructions
5.1. We point out that for the value retention and the lasting
Functionality of our products and work of our clients in particular
should note:
– Fittings and common components are to be checked and, if necessary, oiled
or to fat
– Sealing joints must be checked regularly,
– Coatings inside and outside (e.g. windows, floors, stairs)
are depending on the type of paint or glaze and the influence of the weather and use
to post-treat.
This work does not belong to our scope of work, unless explicitly stated
otherwise agreed. Failure to perform maintenance can shorten the service life
and functionality of the components without affecting
this gives rise to claims for defects against us.
5.2. Insignificant, reasonable deviations in the dimensions and
versions (color and structure), especially for repeat orders,
remain reserved, insofar as these are in the nature of the materials used
(Solid wood, veneers, leather, fabrics and the like) and are common.
5.3. Through the professional installation of modern windows, external doors and
Light and sun protection systems will improve the energetic quality of the building
improved and the building envelope tighter. To indoor air quality
and to prevent mold growth are additional
Requirements for ventilation of the building according to DIN 1946-6
to fulfill. A ventilation concept that may be necessary in this respect is a planning one
Task that is not the subject of our order and in each
case is to be arranged by the client/builder.
5.4. The client has to protect and preserve the delivered components
(e.g. windows, stairs, parquet) for suitable climatic room conditions
(humidity, temperature) to be taken care of.
6. Set-off
This is with others as undisputed or final
established claims are excluded.
7. Retention of Title
7.1. Delivered items remain until full payment of the remuneration
our property.
7.2. The client is obliged to distrain the reserved property items
immediately in text form and the pledgee
to be informed of the retention of title. The client is
not entitled to use the items delivered to him under retention of title
sell, give away, pledge or assign as security.
7.3. If the delivery is made for a business operation maintained by the customer,
so may the items within a proper
management to be resold. In this case
the customer's claims against the customer from the sale
already now in the amount of the invoice value of the delivered reserved item
ceded to us. If the items are resold
on credit, the customer has ownership over his customer
to reserve. The rights and claims arising from this retention of title
the customer hereby assigns himself to us in dealings with his customers
away.
7.4. Are items subject to retention of title as essential components
built into the client's property, the client steps in
already now from a sale of the property or property rights
resulting claims in the amount of the invoice value
of the reserved property with all ancillary rights to us.
7.5. If the items subject to retention of title are retained by the client or
on behalf of the client as essential components in the property
installed by a third party, the customer is already taking action against the
Any claims for compensation arising from third parties or those concerned
in the amount of the invoice value of the reserved property
with all ancillary rights to us. When processing, connecting and mixing
of the reserved items with other items by the
The customer is entitled to co-ownership of the new item in proportion to us
the invoice value of the reserved items to the value of the others
items.
8. Proprietary and Copyright Rights.
Keep on estimates, drafts, drawings and calculations
we reserve the right of ownership and copyright. You can without ours
Consent neither used, reproduced nor accessible to third parties
be made. In the event that the order is not placed, you are to be informed immediately
return.
9. Dispute Resolution.
We are neither willing nor obliged to participate in a dispute resolution procedure
participate before a consumer arbitration board.
10. Jurisdiction.
If both contracting parties are merchants, the exclusive place of jurisdiction is
the place of business of our company