1. Scope of application and protective clause

  1. The following General Terms and Conditions apply to all contracts for the supply of goods and the provision of performances by us and to all related legal relationships.

  2. Other, contrary or supplementary general terms and conditions will not become part of the contract even if we are aware of them.

  3. The following General Terms and Conditions will apply to business entities and will also apply to future contracts.

2. Quotes and performances, non-binding nature of information

  1. Publications concerning goods and performances that we have released do not constitute binding proposals.

  2. An order placed by a customer constitutes a binding proposal to which this customer will be bound for a period of two weeks. We will be entitled to accept this proposal by sending a confirmation of order but also by delivering the ordered goods or providing the ordered performance.

  3. All information provided about colours, dimensions and technical parameters will not be binding in the event of any doubt. The content of design drawings, illustrations and data sheets will in the event of any doubt not constitute any contractually agreed composition. In the event of our proposal containing a list of specific performances, our obligation to perform will in the event of any doubt be limited to the performances that have been listed.

  4. All prices stated will in the event of any doubt be stated in Euros and without value added tax. In the event of any doubt, the price lists and hourly rates valid at the time the contract is concluded will apply.  Travelling to and from site will be charged separately.

  5. We reserve all rights in all drawings, plans and pricing documents that have been drawn up for the customer. These must be treated as confidential and may not be forwarded to third parties, made public or published without our consent. In the event that we prepare drawings and plans that relate to an order that the customer has not yet placed, the customer will only be provided with the drawings and plans that we have prepared for further use when the customer pays a fee of 5% of the gross total of the proposal.   

3. Non-binding nature of time limits and deadlines, partial deliveries

  1. The time limits and dates we specify for deliveries and performances will in the event of doubt be non-binding and subject to change without notice.

  2. We will be entitled to make partial deliveries and performances.

4. Collaborative actions by the customer

  1. The customer will be obliged to ensure that the specifications provided for our work and the content of the customer‘s order do not breach legal standards or official regulations, particularly those set out by building law, or violate the private rights of third parties and to ensure that the official permits and third-party consents are available before our work is carried out.

  2. The customer will be obliged to provide unhindered access to the construction site during the period of execution. Customers must provide the electricity and water required for construction as well as opportunities for the proper disposal of waste and waste water at their own cost.

  3. To the extent required for the provision of our performances, customers will be obliged to put plans and documents, particularly those pertaining the situation at site and in the building, at our disposal and provide the information, particularly about the conditions of the floors and the location of lines and connections, required to this end.

  4. Customers will at our request be obliged to provide instructions for the execution of performances within a reasonable time limit should the information they have provided be incomplete or incorrect and we have advised them of our corresponding concerns.

  5. If customers culpably breach their obligations set out in Paragraphs 1 to 4 or if their performances are delayed, they will be required to compensate us for any losses incurred, including the expenditure for required temporary storage and for labour costs for our employees. Should customers culpably not fulfil their obligations even after a reasonable time limit has been set or after we have issued a warning, we will be entitled to terminate the contract without notice. The statutory provisions regarding delays in acceptance and liability for damages will remain unaffected.

5. Collateral

  1. All supplied goods and materials will remain our property until they have been paid for in full. Without our prior consent, customers will be prohibited from mixing, combining or processing items that are our property with other items and are prohibited from disposing of such items in any legal way. We already undertake to grant this consent should customers provide suitable collateral to the equivalent of the price charged for the respective items.

  2. If we carry out work on a movable item provided by customers, a right of lien will be established for this item to secure our claim for remuneration for work carried out on this item.

6. Terms of payment, offsetting, assignment

  1.  The granting of periods allowed for payment, discounts and cash discounts requires express written agreement.

  2. It will be possible to offset claims against our claims only if these claims are undisputed or they have been established in a legally effective manner. Customers may only exercise their right of retention if and to the extent that their counterclaim is based on the same contractual relationship.

  3. Customers may transfer or pledge their rights and claims arising out of the contractual relationship to third parties – also by way of security – only with our written consent.

7. Transfer of risk on sale

In the event of the sale of goods to customers who are not consumers, the risk of accidental loss and accidental deterioration of the goods will pass to the customer with the handover of the goods, with the handover to the transporting person in the event of dispatch, on receipt by the customer of the notification of delivery readiness in the event of deliveries on call. Transporting persons will also be our own staff tasked with dispatch and transport.

8. Limitation of warranty and liability

  1. We provide no guarantees and do not warrant any special properties. In the event of any doubt, we reject any obligation to meet claims for financial subsidies from private or public funds, the granting of feed-in tariffs by utility companies in regard to systems, facilities or devices we have set up, modified, repaired or maintained or to achieve certain specific limits.

  2. The rights from the warranty for defects will otherwise be determined by the statutory provisions. Customers which are businesses must furthermore observe the statutory inspection and complaint obligations.

9 Applicable law and jurisdiction clause

  1.  The law of the Federal Republic of Germany with the exception of the laws governing the international sale of goods will apply to all legal relationships between the parties as defined in § 1 Section 1.

  2. For customers which are businesses, legal entities under public law or public fund assets, the ordinary first-instance courts responsible for 55411 Bingen will be agreed as the locally responsible courts for disputes arising out of the legal relationships between the parties as defined in § 1 Section 1. Clause 1 further applies to all other customers that, without being consumers domiciled in the European Union, do not have a general place of jurisdiction in the Federal Republic of Germany, move their domicile, seat or habitual residence out of the Federal Republic of Germany after the contract was concluded or whose domicile, seat or habitual residence is not known at the time action is commenced.

10 Data protection notice

  1. We will electronically store and process the customer‘s name, company name, legal form, address and the names of its representatives for the purposes of fulfilling contractual and legal obligations and for exercising contractual rights and enforcing contractual claims. Where customers for whom we perform in advance are concerned, we will already make creditworthiness inquiries at credit bureaus and forward collection data to these to the extent permitted by the law when contract negotiations commence and during the further execution of the contract. We will also collate and use probability values the calculation of which uses address information and other details to reach decisions regarding the justification, execution or termination of the contractual relationship.

  2. We will only store and use information regarding the customers‘ telephone and telefax connection numbers, email addresses and banking details for the purposes defined in Section 1 Clause 1.

The English translation is only provided as a courtesy and for the customer‘s information. The German version of these terms applies exclusively.

Bingen am Rhein - June 2017