General terms and conditions of the locksmith Appel UG
1. scope of application
For all orders accepted by the contractor, the following terms and conditions of business shall apply as a matter of priority as well as the contracting regulations for construction services (VOB, Part B, DIN 1961) in the version valid at the time of conclusion of the contract.
The terms and conditions and the VOB, part B, take precedence over any deviating terms and conditions of the customer. In ongoing business relationships, they form the basis for all other transactions.
2. offers and offer documents
2. 1 Offers shall be binding for a period of 24 working days from the date of the offer, unless otherwise specified.
2. 2 The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding.
2. 3 All property rights and copyrights to the offer and all documents may not be passed on, published or reproduced or used for purposes other than the agreed purpose without the consent of the provider.
2. 4 Official or other approvals are to be obtained by the customer at his own expense. The Contractor shall provide the Customer with the necessary documents for this purpose.
2. 5 All ancillary work (e. g. bricklaying, mortising, plastering, carpentry, earthwork, electrical work, painting work) is not included in the offer unless it is listed separately in items with quantity and price. If they are executed by the contractor, they shall be remunerated separately.
2. 6 Scaffolding, electricity and water connections must be provided by the customer.
2. 7 During the execution of the work, a lockable room shall be made available by the customer free of charge for the storage of building materials and tools etc. and for the stay of the executing employees. Pipelines and furnishings are transferred to the custody of the client.
2. 8 Assembly work carried out or repeated for reasons for which the contractor is not responsible shall be remunerated separately.
3. order placement
Orders are only valid after written confirmation. This shall also apply to orders placed by agents. Deviating confirmations are considered new offers. The written form requirement does not apply to subsequent collateral agreements, amendments and supplements to the order.
4. prices
4. 1 The prices understand including the legally determined
VAT, which is to be shown separately.
4. 2 The contractor is entitled to demand negotiations on a price adjustment in the case of continuous obligations and agreements containing delivery or performance periods of more than 4 months after conclusion of the contract if the following items experience an increase:
Prices for the total material required from conclusion of contract or wage,
non-wage labour costs due to statutory or collectively agreed changes or the
Value added tax.
4. 3 For subsequently requested overtime, night, Sunday and public holiday hours as well as unforeseeable work for the contractor under difficult conditions, collectively agreed surcharges and bonuses shall be charged.
4. 4 In the event of a partial or complete dissolution of the contract
(termination of contract) by the customer without good cause, the contractor can assert the rights according to § 8 No. 1 paragraph 2 VOB, part B, or a lump sum amounting to 10% of the cancelled order value, whereby the customer is entitled to prove a lesser damage.
5. payment
5. 1 § 16 VOB & BGB applies to all payments. 30% at order placement, 30% at start of work, 30% at start of assembly and 10% after completion.
5. 2 Payments shall be made without any deduction unless otherwise agreed.
5. 3 Payments by bill of exchange shall only be permissible by special agreement. Acceptances or customer bills of exchange shall only be accepted on account of performance; the costs and expenses incurred shall be borne by the debtor. If the terms of payment are not complied with or if a cheque or bill of exchange is not honoured, all outstanding claims shall become due. After unsuccessful expiry of a grace period of 12 working days set by the contractor, combined with a threat of termination, the contractor is then entitled to terminate the contract in writing and to stop the work as well as to invoice all services rendered so far according to contract prices and to claim damages.
6. delivery time and assembly
6. 1 If the commencement, continuation or completion of the work is delayed for reasons for which the Client is responsible and the Client does not immediately remedy the situation at the request of the Contractor, the Contractor may, while maintaining the contract, claim damages in accordance with § 6 No. 6 VOB, Part B or set the Client a reasonable deadline for performance of the contract and declare that it will terminate the contract after the unsuccessful expiry of the deadline. In the event of termination, the Contractor shall be entitled, in addition to his remuneration for work incurred up to that point, to compensation for the additional expenses incurred (new), for example, for the unsuccessful offer as well as for the storage and repair of the goods.
the preservation of the object owed.
7. acceptance and passing of risk
The risk shall pass to the customer upon acceptance.
If the customer defaults on acceptance, the risk shall pass to him at the time of default. The same shall apply if the installation is interrupted for reasons for which the Customer is responsible and if the Contractor has mutually handed over the services rendered up to that point to the custody of the Customer. The object is to be accepted after completion of the service. This also applies to self-contained partial services. Otherwise §§ 7 and 12 of the VOB, Part B, shall apply.
8. warranty and damages
8. 1 The assertion of obvious defects after acceptance is excluded. Non-obvious defects are to be notified within the relevant warranty period according to § 13 VOB, Part B.
8. 2 Offsetting with other claims than those which are undisputed or have become res judicata
Claims are not admissible without prior mutual agreement.
8. 3 Insignificant, reasonable deviations in dimensions and designs, in particular in the case of repeat orders, shall not entitle the customer to make complaints, unless compliance with dimensions and colour shades has been expressly agreed. Technical improvements and necessary technical modifications shall also be deemed to be in accordance with the contract insofar as they do not represent a deterioration in value.
8. 4 In the event of cutting, welding, thawing and/or soldering work, the customer shall be responsible for
The Contractor shall inform the Customer of the associated risks. The Customer shall be obliged to draw the Contractor's attention to any dangers (e. g. fire hazard in rooms or of materials) and to take all safety measures (e. g. provision of fire guards, fire extinguishing material etc. ).
8. 5 Claims going beyond the foregoing, in particular claims to
Damages, contractual penalties or lost profits are excluded, unless they are based on an intentional or grossly negligent breach of contract by the contractor or his legal representative or vicarious agent. Claims for damages according to the law on liability for defective products (ProdHaftG) remain unaffected.
9. retention of title
9. 1 Delivered items (reserved items) shall remain the property of the Contractor until all claims have been satisfied in full.
9. 2 The Customer shall be obliged to immediately notify the Contractor in writing of any attachments of the objects subject to retention of title and to inform the pledgees of the retention of title. The customer is not entitled to sell, give away, pledge or assign by way of security the items delivered to him under retention of title.
9. 3 If the delivery is made for a business operated by the customer, the items may be resold within the framework of proper business management. In this case, the customer's claims against the buyer arising from the sale are already now assigned to the contractor. In the event of resale of the objects on credit, the customer must reserve ownership vis-à-vis his customer. The customer hereby assigns to the contractor the rights and claims arising from this reservation of title vis-à-vis his customer.
9. 4 If the reserved goods are used by the customer or on behalf of the customer, the customer shall be entitled to
If the Customer has built into the property of a third party as essential components, the Customer hereby assigns to the Contractor any claims for payment, including all ancillary rights, including the granting of a security mortgage, that may arise against the third party or the party concerned.
9. 5 If reserved items are installed as essential components in the Customer's property, the Customer hereby assigns to the Contractor all claims arising from the sale of the property or of property rights including all ancillary rights. If the value of the securities existing for the contractor exceeds his claims by more than 10% not only temporarily, the contractor is obliged, at the request of the client, to release securities of his choice.
9. 6 If the Client does not fulfil his obligations towards the Contractor or does not fulfil them on time or at all, or if he unreliably interferes with the items delivered under retention of title, the Contractor may, without prejudice to his right to performance of the contract, demand the return of the items, provided that a reasonable period of time set for the Client to fulfil his obligation has elapsed without success. If the Customer has fulfilled the contract, the Contractor shall return the items. The above provision does not apply to instalment transactions.
10. place of jurisdiction
If both contracting parties are registered traders, the exclusive place of jurisdiction shall be the Contractor's place of business.
11. legal validity
If individual provisions of the aforementioned contract have not become an integral part of the contract in whole or in part or have become ineffective, the remaining provisions of the contract shall remain effective.