General Terms and Conditions
for the delivery and assembly of
§ 1 Applicability of the conditions
Our General Terms and Conditions of Business apply to both consumers and entrepreneurs unless the respective clause makes a distinction in this respect.
Entrepreneurs within the meaning of these terms and conditions also include legal entities under public law or special funds under public law.
We do not accept any terms and conditions that contradict or deviate from our conditions. With regard to entrepreneurs, the General Terms and Conditions shall also apply to future business relations. They shall also exclusively apply even if we carry out the delivery without reservation in the knowledge of your, conflicting or deviating conditions.
§ 2 Offer and conclusion of contract
Our offers are subject to change and non-binding. Contracts and orders must be made in writing.
Potential conclusion of a contract on our part is always subject to the suspensive condition of a positive examination of your creditworthiness at our expense.
The contracting parties may only refer to later changes or additions that deviate from the original written agreement if they have been agreed in writing.
All measurements stated in our offers and/or cost estimates represent approximate values. The final quantities to be taken as a basis for invoicing shall be based on the deliveries and services actually provided, as determined by measurement.
We reserve property rights and copyrights to illustrations, drawings, calculations and other documents. You require our express written consent before passing them on to third parties.
§ 3 Quality agreements
The information, drawings, illustrations, samples, brochures, technical specifications and catalogues and other technical data and recommendations for use contained in brochures, catalogues, advertisements and price lists on our homepage or in the documents belonging to an offer are not binding. They shall only become part of the contract if and insofar as they have been expressly confirmed by us as binding. Quality guarantees are only those which are expressly designated as such in the order confirmation. Application, use and processing of the goods are exclusively the responsibility of the contractual partner. You bear the obligation to check the goods for their suitability for the intended purposes, processes and uses.
§ 4 Price
You are obliged to pay the agreed price for the provision of our services. The individually agreed prices in the contract or a supplement are decisive. Discounts are only granted if expressly agreed.
For separate service parts, we may demand an advance payment for the amount of the value of the service rendered.
If you withdraw from a placed order without justification, we can demand 15% of the price, without affecting the possibility of claiming higher actual damages. You can prove to us that the damage was less.
If the agreed delivery period is longer than three months from conclusion of the contract, we are entitled to change the prices according to our price calculation valid on the day of delivery. The same applies if you have delayed acceptance of our service.
Value-added tax and customs duties incurred on the business transaction by law are always agreed as an additional price component, even if they are not expressly mentioned on the offer.
§ 5 Delivery and performance time, obligations to cooperate
Delivery dates and delivery periods shall only be binding if they have been agreed or confirmed by us in writing after conclusion of the contract and you have fulfilled your obligations when due.
Delivery dates agreed or confirmed by us shall also become non-binding if you agree with us on additions and/or changes to the object of the contract after conclusion of the contract.
We are entitled to make reasonable partial deliveries.
You are obliged to take all reasonable cooperative actions that are necessary for our services, in particular, this includes giving us access to the construction site on all working days between 6:00 am and 8:00 pm when we have informed you of our intention to perform the service, always two working days in advance.
If you delay acceptance or intentionally violate your obligations to cooperate, we are entitled to demand compensation for the damage we have suffered in this respect, including any necessary additional expenses. The agreed minimum price for additional expenses shall be the value which we have expressly indicated to you in offers or order confirmations.
§ 6 Acceptance
When you receive our invoice, this is considered to be a notification of completion and a request to declare the acceptance of our service at the latest 10 days after receipt of the invoice.
We can demand the partial acceptance of individual cubicle systems that are independently functional.
§ 7 Amendments to the contract
If there is a building contract (§ 650a BGB (German Civil Code)) and you demand - admissibly - a change to the contract, you bear the costs of the preparation of an amended offer, especially additional planning costs. If there are excess or short quantities or additional assembly work, we will inform you of this in the supplementary offer with the updated prices. The services and prices changed in the supplementary offer shall be deemed to have been agreed if you request the changed service and have it installed with knowledge of the supplementary offer. The same applies if we, at your request, voluntarily change the contract.
We are entitled to change the contractually owed performance and the price reasonably if the originally agreed performance cannot objectively be carried out with the agreed parts and the agreed installation effort and if this is due to parameters specified by you.
§ 8 Correction of defects
The deadline for the rectification of defects, which you must set us, is at least 6 weeks, starting with the receipt of your request. Public holidays and the first, penultimate and last week of the calendar year are not included (company holidays).
§ 9 Special conditions for liability for damages and expenses
Claims against us for damages or reimbursement of expenses due to contractual or pre-contractual breach of duty as well as for tort and all other legal grounds are excluded. This is not applicable if we have acted with gross negligence or intent or if the damage has occurred due to an event which we have fraudulently concealed or if we have assumed a guarantee for the quality of the item. To the extent that we cannot be accused of intentional breach of contract, liability for damages and expenses with respect to entrepreneurs is limited to the foreseeable, typically occurring damage. Our liability for negligent injury to life, body or health is unlimited; this also applies to claims under the Product Liability Act and to liability which cannot be limited for other legal reasons. We shall also be liable in accordance with the statutory provisions if we have breached an essential contractual obligation (cardinal obligation). However, in these cases, our liability to entrepreneurs is limited to foreseeable, typically occurring damage, provided that we are not in deliberate breach of contract.
The limitations of liability also limit the liability of our auxiliary employees.
§ 10 Limitation period
The period of limitation for claims for the rectification of defects against entrepreneurs is one year. Notwithstanding the aforementioned period, the limitation period shall be 5 years if the service produces a structural work. The right to withdraw from the contract is always subject to a limitation period of one year. Insofar as we are liable for damages and reimbursement of expenses which are not consequences of injury to life, body or health, these claims shall become statute-barred within one year after the claim arises.
The start of the suspension of the statute of limitations due to negotiations requires that we at least declare in writing that we will examine the asserted claim.
The regulation on the start of the period in the case of delivery claims under § 478 BGB remains unaffected.
Notwithstanding § 195 BGB, our claims for payment shall become statute-barred after five years.
§ 11 Reservation of title, security rights
If you are an entrepreneur, the goods delivered by us remain our property until all our present claims against you, as well as our future claims, insofar as they are connected with the delivered goods, have been fulfilled.
You are entitled to resell the delivery items in our ownership (reserved goods) in the normal course of business. However, you hereby assign to us all claims arising from this resale, regardless of whether the reserved goods are resold before or after processing or whether or not they are combined with real property or movable objects. If the reserved goods are resold after processing or in combination with other goods which do not belong to us, or if they are combined with real estate or movable objects, your claim against your customers shall be deemed transferred to the amount of the delivery price agreed between you and us for the reserved goods.
You remain authorised to recover this claim even after the transfer. Our authority to collect the claim ourselves remains unaffected by this, but we undertake not to do so as long as you properly meet your payment obligations. If you make use of the collection right, we are entitled to the collected proceeds in the amount of the price agreed between you and us for the reserved goods.
Processing or transformation of the reserved goods shall be carried out for us as manufacturer in accordance with § 950 BGB, without any obligation on our part. If the reserved goods are processed with other items, we shall acquire co-ownership of the new item based on the market value of our goods in relation to the value of the other processed items at the time of processing. You will store the new item for us free of charge with the usual care.
We undertake to release the securities to which we are entitled upon request insofar as their realisable value exceeds the claims to be secured by more than 20%.
If we accept bills of exchange or cheques as means of payment, our reservation of title shall continue to exist until there is no possibility of a chargeback.
If you are a consumer, we reserve the right of ownership of the materials delivered by us until full payment of the agreed, full remuneration.
§ 12 Payment, offsetting, rights of retention
The (partial) claims invoiced by us shall be due when we have rendered the (partial) service in an acceptable manner. We are entitled, in spite of any provision to the contrary, to first offset payments against your older debts. If costs and interest have already been incurred, these can be settled first.
The flat-rate compensation of § 288 V BGB is not to be offset against the costs of legal action, insofar as these are costs of legal action via third parties.
You are only entitled to exercise a right of retention if the counterclaims on which you base your right of retention are based on the same legal relationship.
You are only entitled to offsetting if the counterclaims on which you base your right to offset are legally established or recognised by us.
§ 13 Third parties, in particular architects and planners
If we contact a third party commissioned by you to plan/implement/monitor our services, in particular, an architect or planner, and this third party informs us that we are to send order confirmations and invoices to this third party, the receipt of a declaration by the third party is also deemed to be receipt by you.
§ 14 Applicable law, place of jurisdiction, partial invalidity
If you are a commercial customer, the law of the Federal Republic of Germany applies. If we perform the contractual service, the Hague Conventions of 01.07.1964 concerning uniform laws on international sales and the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 shall not apply.
The place of performance is Rengsdorf.
If you are a merchant, a legal entity under public law or a special fund under public law, legal action must be brought at the court that has jurisdiction over our head office in the event of any disputes arising from the contractual relationship. We are also entitled to take legal action at your general place of jurisdiction.
If any of these provisions or parts thereof are invalid, this shall not affect the validity of the remaining provisions.
§ 15 Data privacy
Protecting your data is important to us. We have summarised our information on this subject for you on a separate information sheet.