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General Terms and Conditions
- Offers resp. Delivery always includes only finished elements without additional services such as plastering, spraying, finishing, etc.unless this has been expressly agreed in writing. For possible. Complaints can only be replaced in kind. Further claims, such as ancillary services and other damages, are excluded.
- All offers are subject to change until written order confirmation. The agreed delivery period shall commence upon conclusion of the contract or after measurement. With handover or. Any liability for damage, theft or other disadvantages shall pass to the buyer upon delivery and unloading of the goods at the buyer’s premises.
- Cost estimates, drafts, drawings and calculations remain the property of the supplier and may not be reproduced or made accessible to third parties without his consent. Infringements will be prosecuted and entitle the provider to claim damages. If the order is not placed, the documents produced must be returned to the provider immediately.
- The agreed delivery time is only binding if compliance with it is not made impossible by circumstances for which the manufacturer is not responsible. Delays must be tolerated in justified cases. Force majeure or unforeseen events shall entitle the Contractor to withdraw from the contract without being obliged to pay compensation to the Purchaser.
- If the goods cannot be delivered immediately upon completion due to circumstances for which the manufacturer is not responsible, the customer shall bear the risk of danger. Any storage costs incurred shall be borne by the customer. The Seller shall be entitled to suspend the manufacture of the goods, the installation or. to assign the assembly to other companies.
- Upon conclusion of the contract, the solvency or creditworthiness of the customer is assumed. If there are later concerns about this assumption with regard to the financial circumstances of the Purchaser, so that the claims of the Contractor appear to be jeopardized, the Contractor shall be entitled to demand concurrent performance or security from the Purchaser within one week. In this case, the manufacturer may interrupt the execution of the order and may demand immediate settlement. If the Purchaser does not comply with this request or does not provide security, the Contractor may withdraw from the contract without further ado, without the Purchaser being entitled to claim damages.
- The final price for maintenance and repairs can only be determined after completion of the work. Previously submitted prices are non-binding. All risks arising from such work, in particular glass and other breakage damage, shall be borne by the Purchaser, unless the damage incurred was caused through the fault of the Contractor.
- The goods supplied shall be of customary commercial quality, but the Buyer must satisfy himself as to the quality and workmanship of the goods before concluding the contract. Samples can be shown to the buyer on request. The seller shall not recognize later complaints about quality defects. For wooden front doors, warping of 5 mm from the middle of the lock to the top and/or bottom edge of the door is not a reason for complaint. Patterns are to be considered approximately similar. Structure grain or color similarities are not guaranteed by the seller. The seller reserves the right to make changes to details and design. Drilled-out knots and dry cracks in the wood are not grounds for complaint.
- Any complaints must be made in writing no later than 8 days after receipt of the goods. Putting into use is considered acceptance. No guarantee is given for defects caused by building or apartment moisture. The same applies if the delivered goods suffer damage due to improper and incorrect handling on the part of the customer. If it can be proven that the seller has delivered defective goods, the seller may, at his discretion, carry out repairs himself or have them carried out in the supplying factory or make replacement deliveries for the defective goods. Further claims or claims for damages on the part of the purchaser or. of the customer, are excluded.
- On delivery or. upon installation, payments on account amounting to 90 % of the work completed and delivered up to that point are to be made.
- The guarantee for joinery work is as follows. VOB two years. This does not apply to damage caused by local building moisture or by circumstances for which the manufacturer is not responsible. If the buyer carries out the installation himself, the guarantee is void.
- The balance must be paid within 30 days of the invoice date without deduction. Hourly wage work is payable immediately upon receipt of invoice. Possibly. Complaints do not release the customer from payment.
- In the event of late payment, the usual bank interest and charges for granting credit will be charged. Bills of exchange shall only be accepted subject to the possibility of discounting and against immediate payment of the usual discount charges and other fees. Checks or bills of exchange shall not be considered payment until they have been cashed. The Manufacturer retains title to the delivered items until all payments have been received, even if they are due from an ongoing business relationship between the contracting parties for the past and the future. For the duration of the retention of title, the customer must adequately insure the delivery items against fire, burglary and water damage. Proof of the conclusion of the contract must be provided to the manufacturer on request. Insurance claims are hereby assigned to the manufacturer in the amount owed to him.
- The Purchaser shall immediately notify the Contractor in writing of any seizure of the items delivered under retention of title. HE must inform the pledgee immediately of the retention of title. The customer is not entitled to pledge the items delivered to him under retention of title or to assign them as security. If the delivery is made for a business operation maintained by the customer, the customer shall have the right to resell the delivery items in the ordinary course of business. The Purchaser hereby assigns its claims against the end customer from resale to the Manufacturer in the amount owed to the Manufacturer and undertakes to notify the end customer of the assignment. If the delivery items are resold on credit, the customer shall retain title vis-à-vis his customer. The purchaser hereby assigns to the manufacturer the rights and claims arising from this retention of title against his customer. If the Purchaser does not fulfill his obligations to the Contractor or does not fulfill them punctually, or if he interferes with the items delivered under retention of title in an inadmissible manner, the Contractor may demand immediate return of the items without setting a deadline, without prejudice to his right to performance of the contract.
- Place of fulfillment and jurisdiction is Lingen / Ems.