General terms and conditions of business
§ 1 Scope and defense clause
(1) The following general terms and conditions apply to all contracts for the delivery of goods and the provision of services by us and all related legal relationships.
(2) Deviating, conflicting or supplementary general terms and conditions are not part of the contract, even if they are known.
(3) The following General Terms and Conditions of Delivery and Service also apply to all future contracts with entrepreneurs.
§ 2 Offer and service, non-binding information
(1) Our publications about goods and services do not constitute a binding offer.
(2) The customer's order is a binding offer to which he is bound for two weeks. We are entitled to accept this offer by sending an order confirmation, but also by delivering the ordered goods or providing the ordered service.
(3) All information about colors, dimensions and technical parameters given in the offer are non-binding in case of doubt. In case of doubt, the content of construction drawings, illustrations and data sheets does not represent a contractually agreed quality. If our offer includes a list of certain services, our obligation to perform extends in case of doubt only to the services contained in the list.
(4) In case of doubt, all prices quoted by us are in euros and do not include VAT. In case of doubt, our price lists and hourly rates available at the time the contract was concluded shall apply. Arrival and return are charged separately.
(5) We reserve all rights to all drawings, plans and calculation documents created by us for the customer. They are to be treated confidentially and may not be passed on to third parties, made publicly accessible or published without our consent. If we create drawings and plans with regard to an order from the customer that has not yet been placed, the customer will only receive the drawings and plans created by us for further use if he pays us a fee of 5% of the gross amount of the offer.
§ 3 Non-binding nature of deadlines and dates, partial services
(1) Deadlines and dates for deliveries and services specified by us are non-binding and non-binding in case of doubt.
(2) We are entitled to make partial deliveries and partial services.
§ 4 Cooperation actions of the customer
(1) The customer is obliged to ensure that his specifications for our work and the content of his order do not violate legal standards and official specifications, in particular those of building law and private rights of third parties, and that the necessary official permits and approvals of third parties are provided execution of our work.
(2) The customer is obliged to ensure unhindered access to the construction site during the execution period. He shall make available to us, at his own expense, construction site power and construction water as well as opportunities for the proper disposal of waste and sewage.
(3) The customer is obliged, to the extent necessary for the provision of our services, to provide us with plans and documents, in particular with regard to the structural conditions and building conditions, and to provide us with the information required here, in particular with regard to the ground conditions and the location of lines and connections granted.
(4) At our request, the customer is obliged to issue instructions for the performance of the service within a reasonable period of time if his specifications are incomplete or incorrect and we have reported corresponding concerns to him.
(5) If the customer culpably violates his obligations specified in paragraphs 1 to 4 or if he defaults in fulfilling them, he must compensate us for the damage incurred, including the expenses for necessary interim storage and for the labor costs of our employees. If he culpably fails to meet his obligations even after setting a reasonable grace period or a warning from us, we are entitled to terminate the contract without notice. The statutory provisions on default of acceptance and liability for damages remain unaffected.
§ 5 Collateral
(1) All delivered goods and materials remain our property until they have been paid for in full. The customer is not permitted to mix or combine the items owned by us with other items, to process them or to legally dispose of them without our prior consent. We already undertake to grant this approval if the customer provides reasonable security in the amount of the price applicable to the respective items.
(2) If we carry out work on a movable item handed over by the customer, a legal lien is established to secure our claim for payment for this work on this item.
§ 6 Terms of payment, offsetting, assignment
(1) The granting of payment terms, rebates and cash discounts requires an express written agreement.
(2) Offsetting against our claims is only permitted with undisputed or legally established claims. The customer can only exercise his right of retention if and to the extent that his counterclaim is based on the same contractual relationship.
(3) The customer may only assign claims and rights arising from the contractual relationship, transfer them to third parties, including as security, or pledge them with our written consent.
§ 7 Passing of risk upon sale
§ 8 Limitation of Warranty and Liability
(1) We do not give any guarantees and do not guarantee any special properties. In case of doubt, we reject any liability for financial support from public or private funds, the granting of feed-in tariffs from utility companies with regard to systems, facilities and equipment that we have installed, modified, repaired or repaired or the achievement of certain technical limit values.
(2) For the rest, the warranty rights are based on the statutory provisions. The customer who is an entrepreneur must also observe the statutory commercial obligations to inspect and give notice of defects.
§ 9 Choice of Law and Place of Jurisdiction Clause
(1) For all legal relationships between the parties in accordance with Section 1 Paragraph 1, the law of the Federal Republic of Germany applies exclusively with the exception of the international sales laws.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the locally responsible for 55411 Bingen shall be responsible for all future disputes arising from the legal relationship between the parties in accordance with Section 1 Paragraph 1 ordinary courts of first instance as locally competent. Sentence 1 also applies to any other customer who, without being a consumer resident in the European Union, does not have a general place of jurisdiction in the Federal Republic of Germany, moves his domicile, registered office or usual place of residence out of the Federal Republic of Germany after the conclusion of the contract or whose domicile, registered office or usual place of residence is not known at the time the action is filed.
§ 10 Data Protection Notice
(1) Name, company name and legal form, address of the customer and names of his representatives are electronically stored and processed by us for the fulfillment of contractual and legal obligations and for the assertion of contractual rights and claims. In the case of customers for whom we make advance payments, creditworthiness inquiries are carried out with credit agencies and collection data are passed on to them to the extent permitted by law when the contract is being prepared and during the further execution of the contract. For the purpose of deciding on the establishment, implementation or termination of the contractual relationship, we also collect and use probability values, the calculation of which includes address data, among other things.
(2) Information on the telephone and fax number, e-mail address and bank details of the customer are only stored and used by us for the purposes specified in paragraph 1, sentence 1.
Bingen am Rhein in June 2017