TERMS AND CONDITIONS
1. Scope of Application
The applicable legal bases for all orders accepted by us (the contractor) are the enclosed contracting rules for award of public works, part B (VOB/B) as well as the terms and conditions set forth hereunder. They are agreed for all future business relations even now, and they take precedence over deviating terms and conditions on the part of the customer.
All covenants require the written form. Deviations and amendments will only become an integral part of the contract if they are confirmed by us in writing.
For trade goods, the terms and conditions of the respective suppliers, which we presume to be known or which we will provide in request, apply exclusively. The customer will comply with these terms and conditions to the full extent.
Deviating conditions, which are printed on the order forms, are not applicable to us.
2. Offers and Offer Documents
Quotations and offers are binding for 21 calendar days.
Documents associated with the offer, such as images, drawings, weights and dimensions, are only approximately binding unless they are expressly marked as binding.
The contractor reserves the right to ownership and copyright to quotations, drawings and other documents.
3. Placing of Order
Orders are only deemed to be concluded if the contractor has confirmed the order in writing. The same applies to orders arranged by representatives.
The supplier assumes no liability which result from the documents submitted by the customer (e.g. drawings) or from incorrect or oral information.
4. Prices
All prices are ex works, and generally do not include freight, delivery and packaging cost. These costs will be calculated at original costs and will not be returnable.
VAT at the respective legal rate will be added to the prices.
For all increases in material or labour expenses occurring after the conclusion of the contact or until the completion of the order, the parties will negotiate a new price. Performances which are not expressly mentioned in the offer but which are necessary to complete the order, or which are realised on request of the customer, will be charged additionally. This applies in particular to caulking work, fettling work, earthwork and similar. The prices are considered for normal work times and performance.
For overtime, night work, work on Sundays and holidays as well as for work under harsh conditions, the corresponding additional fees will be added to the actual wages.
5. Payment
Unless agreed otherwise, the following payment terms apply:
50% advance payment, 50% after delivery.
6. Delivery and Assembly
Delivery ex works is always effected at the risk of the recipient.
Scaffolding, electrical and water connections must be provided by the customer.
The customer can only demand the compliance with the agreed execution deadlines or delivery dates if it provided any required documents, if the unobstructed assembly starts is ensured at the building site, and if the agreed payment pursuant to section 5 was made to the contractor.
If there are delays in the start, continuance or completion of the work, which are the responsibility of the customer, then the contractor will be released from its obligation to comply with the agreed delivery dates.
If, on request of the contractor, the customer does not find a remedy immediately, the contractor is entitled to damage compensation or to set a reasonable grace period to fulfil the contract and to declare that it will withdraw from the contract after the grace period has expired unsuccessfully.
If the contract is cancelled, the contractor has the right to demand payment for all expenditures incurred by it until the cancellation.
Force majeure events (such as industrial action or other unforeseeable events) at the site of the contractor or one of its subcontractors release the contractor from the observance of the delivery deadline, and they give the contractor the right, if delivery or performance becomes impossible, to withdraw from the contract in full or in part.
If the customer incurs damages due to delays caused by the contractor, the customer has the right to claim compensation.
7. Acceptance
The deliveries and performances must be accepted without undue delay after the indicated completion. The same applies for partial deliveries or performances which are complete in themselves.
If the customer has commissioned the delivery or performance (or parts thereof), the acceptance is deemed to be effective after the expiration of seven calendar days.
The risk shall be transferred to the customer upon acceptance.
8. Warranty
The assertion of apparent defects after the acceptance was completed is excluded.
Other claims are subject to the statutory deadlines or the deadlines of the VOB (German Construction Contract Procedures), if they are the basis of the contract.
Changes to deliveries and performances, which were effected in advance and without the approval of the contractor, shall exclude any legal claim to the removal of defects. The contractor has to be given an opportunity to inspect on the premises.
In case of reasonable claims, the contractor will rectify the defect free of charge within a reasonable grace period. If 2 attempts to rectify the defect are unsuccessful, the customer may demand the reduction of the price or redhibition.
In case of corrective maintenance work, the contractor assumes warranty only for the deliveries or performances carried out by itself. The contractor assumes no warranty for damages to deliveries or performances of the contractor which were caused by subsequent builders.
9. Compensation
The liability of the contractor is exclusively based on these terms of delivery and payment. Any claims which are not expressly acknowledged herein - even claims for damages, no matter for what legal reason, are excluded unless they are based on an intentional or grossly negligent violation of the contract on the part of the contractor, a legal representative or vicarious agents.
10. Retention of Title
The deliveries or performances remain the property of the contractor until all payments have been made in accordance with the contract.
If the deliverables have become an integral part of the premises, the customer, in case of a non-compliance with the agreed payment terms, undertakes to allow the contractor the disassembly of the items which can be disassembled without a fundamental impairment of the structural shell, and to reassign the title to these items to the contractor.
If the customer impairs the aforementioned rights of the contractor, the customer shall be obliged to pay compensation.
The disassembly and other costs will be borne by the customer.
If deliverables are permanently connected to another item, the customer, if claims or co-ownership results from this, shall assign its claims or its co-ownership of the new item to the contractor.
11. Place of jurisdiction
Place of fulfilment and place of jurisdiction is the contractor's place of business, unless otherwise compulsively required by law.
MSD Freizeittechnik
Status 17.03.2015, D-56459 Langenhahn