General Terms and Conditions
Through the conclusion of the contract the customer accepts the terms and conditions specified hereafter.
- Execution
a) The customer shall allow the contracor to use or share the following free of charge:
- Power supply: at a distance of up to 20 m from the drilling or sawing position: electricity 220/380 Volt – 16 A, 380 Volt – 32 A;
- Water supply: min. 1 bar pressure, max 1/2" or 3/4" screw connection 1 inch; costs related to the consumption and the measuring system or energy meter shall be borne by the customer;
- Scaffolding at working heights above 3 m; the customer shall provide for the setup, the dismantling and the safety tests as necessary.
- Storage and working areas on the building site including the safeguarding of the workspace (legal basis APR).
b) Measuring and marking of the drilling positions and the saw-cuts shall be provided by the customer.
c) Execution periods shall be extended in case the impediment is caused by:
- circumstances that fall within the scope of risk of the customer
- force majeure or other circumstances which cannot be avoided by the contractor.
- Level of remuneration
The prices in our currently valid price list shall apply as well as the prices indicated in the underlying quotation. In case any deviations as to nature and extent from the order placed with us become apparent on site, the invoicing shall be made according to the currently valid price list.
- Price adjustment as a result of an increase in value-added tax
The contractor shall be entitled to adjust the contractually agreed price as a result of a VAT rise.
- Overtime hours, surcharges for nighttime, Sunday and holiday work
If overtime or nighttime and Sunday work is demanded by the customer, the hourly wage rates shall be calculated according to the collective wage agreements of the construction industry.
- Costs of cleaning the site
When accepting the order, the contractor assumes that the project location will be the site of a building shell. In case the cleaning of the site is demanded by the customer, these costs shall be charged separately.
- Work disruption
The execution of the works may only be interrupted after previous consultation with the contractor. Should additional costs e. g. for additional travel and repeated site installation be incurred through any work disruptions which cannot be made liable to the contractor, these costs shall be charged to the customer.
- Approvals and permits
a) Upon conclusion of the contract the customer shall confirm that the structural alteration has been statically approved.
b) The customer shall maintain the general order on site and regulate the cooperation of the different companies where required. He shall provide the required approvals and permits governed by public law.
- Liability for breach of duty
a) Liability shall be excluded for inaccurate information concerning sawing and drilling works on the part of the customer as well as for damages and resultant damages arising from the incorrect positioning of the drilling points and saw-cuts.
b) The contractor shall be liable in the event of culpable neglect of duty for damages resulting from the violation of life, the body or health. He shall be liable for all damages resulting from intentional or grossly negligent breach of duty.
c) Furthermore liability shall be excluded in the event of otherwise culpable breach of duty which does not result in a violation of life, the body or health.
d) Liability shall be excluded for unforeseeable damages.
e) Minor and reasonable delays that are caused by the culpability of the contractor shall justify no claim for damages on the part of the customer.
- Safety
The customer shall be responsible for the safety of the workplace. Insufficient safety measures shall not entitle the contractor to order immediate cessation of work.
- Acceptance and maturity
a) The customer shall carry out the acceptance of the performance within 12 days after completion – even ahead of the agreed deadline as necessary.
b) The customer and the contractor shall produce an acceptance report by mutual agreement.
c) Billing shall be done according to site measurement.
d) The regulations of the BGB (German Civil Code) shall apply to the maturity of remuneration.
- Right to refuse performance
a) In case the customer delays remittance of a due payment for longer than 14 days, the contractor shall be entitled to order suspension of work until all due receivables are balanced. Incidentally, § 321 BGB shall be applicable.
b) The right of the customer to refuse the payment of the remuneration in the event of any deficiencies shall be excluded.
- Liability for defects
The customer shall notify obvious defects to the contractor in writing within 3 days from the date of acceptance. The claims of the customer against the contractor because of defects shall be restricted to the right to supplementary performance. In case of a failure to rectify the customer shall reserve the right to reduce his remuneration or to withdraw from the contract, as he prefers.
- Limitation of liability
Claims against the contractor because of a defect shall become statute-barred within one year after the start of the statutory limitation period.
- Termination
a) The contractor shall be allowed to terminate the contract with statutory notice:
- if the customer refrains from an act incumbent on him and thus renders the contractor incapable of performing the service,
- if the customer comes into debtor's default.
b) The services rendered so far shall be invoiced according to the currently valid price list as well as to the underlying quotation. Furthermore the contractor shall be entitled to adequate compensation acc. to § 642 BGB; any further claims of the contractor remain unaffected.
c) The right to terminate the contract acc. to § 643 BGB as well as the right to extraordinary termination remain unaffected.
- Jurisdiction
The place of jurisdiction shall be determined by the registered office of the contractor.
- Safeguard clause
If any of the above mentioned provisions should be ineffective or invalid, the effectiveness of all other provisions shall not be affected thereby. In place of the ineffective or invalid provision the statutory regulations shall apply.
- The validity of any clauses stipulated by the customer which conflict with the above mentioned provisions or supplement them to the detriment of the contractor shall be excluded.
