image/svg+xml
Designboards Solid Wood Panels Furniture Manufacturer Firewood

GENERAL TERMS AND CONDITIONS

of the carpentry and joinery trade (as of 01.01.2018)

1. fundamentals

German law shall apply. The GTC shall apply irrespective of whether we as contractor or customer become a party to the contract. Any terms and conditions of the customer or supplier that conflict with or deviate from our GTC are hereby rejected. The GTC do not apply to contracts awarded in accordance with VOB/A or VOL/A.

2. further contractual bases

  1. Order acceptance
    All offers are non-binding until the order is accepted. If the client’s order deviates from our offer, a contract shall only come into effect upon confirmation by the contractor.
  2. Delay in delivery
    If the performance owed by us is delayed due to force majeure, lawful strike, inability on the part of the contractor or one of its suppliers through no fault of its own or unfavorable weather conditions, the agreed delivery period shall be extended by the duration of the delay. If the delay is unreasonably long, either party to the contract may withdraw from the contract without compensation. If the delivery cannot be made on the agreed date due to circumstances for which the client is responsible, the risk shall pass to the client at the time at which he receives notification of readiness for delivery. Storage costs shall be borne by the client. We reserve the right to claim further delay costs.
  3. Notification of defects
    Obvious defects in our performance must be notified in writing by entrepreneurs two weeks after delivery of the goods or upon acceptance of the performance. After expiry of this period, claims for obvious defects can no longer be asserted. The more far-reaching regulations for commercial purchases remain unaffected.
  4. Limitation period for defects
    For contracts with entrepreneurs that do not involve construction work, the warranty period is one year. In the case of repair work that does not constitute construction work, the warranty period shall be one year regardless of the identity of the contractual partner. The provisions of this paragraph shall not apply in the event of intent or gross negligence or claims for injury to life, body or health or if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item.
  5. Implementation of the warranty
    In the event of justified notices of defects, we have the choice of either rectifying the defective delivery items or supplying the client with a replacement in return for taking back the item complained about. As long as we fulfill our obligations to rectify the defects, the client shall not be entitled to demand a reduction in payment or rescission of the contract, unless the rectification has failed. If a rectification or replacement delivery is impossible, fails or is refused, the client may, at his discretion, demand a corresponding price reduction or rescission of the contract. Sentence 1 shall not apply to consumer transactions concerning the purchase of movable goods.
  6. Removal and installation costs
    The statutory regulation in sales contract law applies without restriction to the assertion of removal and installation costs.
  7. Delivery
    For deliveries, we assume that the vehicle can drive directly to the building and unload. Additional costs incurred due to longer transportation routes or difficult access from the vehicle to the building will be charged separately. For transportation beyond the 2nd floor, mechanical means of transport must be provided by the client. Stairs must be passable and protected against damage. If the execution of our work or that of the persons commissioned by us is hindered by circumstances for which the client is responsible, the corresponding costs (e.g. working time and travel costs) shall be invoiced.
  8. Payment on account
    If no individual payment plan has been agreed, we may demand payment on account for partial services in the amount of the value of the services rendered.

3. formal acceptance

If formal acceptance is provided for in the contract, acceptance shall also take effect if the client has been requested once in vain and in a reasonable manner to carry out acceptance. Acceptance shall take effect twelve working days after receipt of the request.

4. liquidated damages

If the client terminates the contract for work and services in accordance with § 648 BGB, we shall be entitled to demand 10% of the total order amount or 10% of the remuneration for the part of the service not yet provided as compensation. We may also claim a higher amount if we can provide appropriate evidence. The client expressly reserves the right to provide evidence of lower damages.

5. maintenance, inspection and care instructions

  1. We would like to point out that maintenance work must be carried out to ensure long-term functionality, in particular:
    – Fittings and common components must be checked and, if necessary, oiled or greased
    – Sealing joints must be checked regularly
    – Coatings inside and outside (e.g. windows, floors, steps) must be retreated according to the type of paint or glaze and the effects of weather and useThis work is not part of the scope of the order unless expressly agreed otherwise. Failure to carry out maintenance work may impair the service life and functionality of the components without giving rise to claims for defects.
  2. The professional installation of modern windows and external doors improves the energy quality of the building and makes the building envelope tighter. In order to maintain the indoor air quality and prevent the formation of mold, additional requirements for the ventilation of the building must be met in accordance with DIN 1946-6. A ventilation concept that may be necessary in this respect is a planning task that is not part of the contract awarded to the tradesman and must always be arranged by the client/builder.
  3. We reserve the right to insignificant, reasonable deviations in dimensions and finishes (color and structure), in particular in the case of repeat orders, insofar as these are in the nature of the materials used (solid woods, veneers, leather, fabrics and the like) and are customary.
  4. The client must ensure suitable climatic room conditions (humidity, temperature) for the protection and preservation of the delivered components (e.g. windows, stairs, parquet flooring)

6. exclusion of set-off

Offsetting against claims other than undisputed or legally established claims is excluded.

7. reservation of title

  1. Delivered items remain our property until full payment has been made.
  2. The client is obliged to notify us immediately in text form of any seizure of the items subject to retention of title and to inform the pledgee of the retention of title. The client is not entitled to sell, give away, pledge or assign by way of security the items delivered to him subject to retention of title.
  3. If the delivery is made for a business operation maintained by the client, the items may be resold in the ordinary course of business. In this case, the client’s claims against the customer arising from the sale shall already now be assigned to us in the amount of the invoice value of the delivered reserved goods. In the event of resale of the items on credit, the customer shall reserve ownership vis-à-vis his customer. The client hereby assigns to us the rights and claims arising from this retention of title vis-à-vis his customer
  4. If items subject to retention of title are installed as essential components in the client’s property, the client hereby assigns to us the claims arising from the sale of the property or property rights in the amount of the invoice value of the items subject to retention of title with all ancillary rights.
  5. If the items subject to retention of title are installed as essential components in the property of a third party by the client or on behalf of the client, the client hereby assigns to us any claims for remuneration arising against the third party or the party concerned in the amount of the invoice value of the items subject to retention of title with all ancillary rights. If the client processes, combines or mixes the items subject to retention of title with other items, we shall be entitled to co-ownership of the new item in the ratio of the invoice value of the items subject to retention of title to the value of the other items.

 

8. ownership and copyright

We reserve the right of ownership and copyright to cost estimates, drafts, drawings and calculations. They may not be used, reproduced or made accessible to third parties without our consent. They must be returned immediately if the order is not placed.

9. dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

10. place of jurisdiction

If both contracting parties are merchants, the exclusive place of jurisdiction shall be the registered office of our company.