Glassysteme Swiss Interwand

GTC

General Terms and Conditions

Validity of the terms and conditions

  1. Our deliveries and other services are provided exclusively on the basis of these terms and conditions. They shall also apply to all future business relations, even if they are not expressly mentioned again.
  2. If the order placed with us is limited to planning, the Fee Structure for Architects and Engineers (HOAI) as amended from time to time shall also apply.
  3. Amendments or additions to the content of the contract shall only apply if we agree to them in writing. Any terms and conditions of purchase of our customer are hereby rejected.
  4. These terms and conditions shall only apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) if the contract is part of the operation of the company and to legal entities under public law and special funds under public law within the meaning of Section 310 (1) BGB.

Written form clause

  1. All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract.
  2. Verbal declarations and agreements made by office and field staff and agents shall only be effective if they deviate from these terms and conditions if they are confirmed by us in writing.

Offers, offer documents

  1. Our offers are non-binding.
  2. Consultations and plans are non-binding unless an order has already been placed with us. Sketched plans etc. remain our intellectual property, even after the order has been executed.
  3. Illustrations, descriptions, price lists, samples, drafts and drawings may neither be copied nor made accessible to third parties in any other way. The customer may also not use them to produce items himself. If the contract is not concluded or is subsequently cancelled, they must be returned to us immediately. If these obligations are not fulfilled, we shall be entitled to demand a fee of 10% of the order amount. The assertion of further claims for damages shall not be affected by this. The customer reserves the right to prove that our expenses were lower.

Advertising

  1. We are authorised to use work that we have carried out for a client for our own advertising purposes and as a reference object free of charge.

Consultancy, planning

  1. If a customer accepts the results of our consulting and planning activities without a final planning or execution order having been placed, we shall be entitled to charge for our services in accordance with the provisions of the HOAI.
  2. Insofar as we provide information that does not relate to the order placed with us, this is non-binding; we cannot accept any liability for this.

Prices, price changes

  1. All prices are net prices excluding VAT, which our customer must pay in addition at the respective statutory rate.
  2. Assembly costs are not included in the net price, unless otherwise agreed.
  3. If there are more than four months between the conclusion of the contract and the agreed and/or actual delivery date, we shall be entitled to adjust our prices to the changed manufacturing costs (wages and materials).
  4. If circa prices have been agreed, the final prices may be up to 10% higher or lower.

Delivery, delivery times

  1. We endeavour to meet the specified deadlines. Furthermore, delivery times are not fixed dates; they are only approximate.
  2. The delivery period shall only begin with the final clarification of all commercial and technical data; this also includes the determination of the design and the binding construction dimensions.
  3. We are authorised to make reasonable partial deliveries, unless the customer has no interest in a partial performance. Each partial delivery may be invoiced separately.
  4. A grace period to be set by our customer shall be set at 4 weeks.
  5. The extended liability according to § 287 BGB is excluded.
  6. If we store the goods due to the customer's default of acceptance, this shall be at the customer's expense and risk. The storage fee is 1% of the invoice amount per month (plus VAT). The assertion of further claims for damages shall not be affected by this. The customer reserves the right to prove that our expenses were lower.
  7. A customer who is a merchant may only claim damages for non-fulfilment if we or our vicarious agents have caused the damage intentionally or through gross negligence or have breached a material contractual obligation.
  8. If the customer finally refuses to fulfil the contract without legal grounds, he shall owe 10% of the order amount (excluding VAT) as lump-sum compensation. The customer reserves the right to prove that we have suffered less damage. If we have incurred higher damages, we can only claim them if we can prove this.

Transport and transfer of risk

  1. We bear the risk of accidental loss or accidental deterioration of the goods up to the specified delivery address (up to behind the first door on the ground floor). In the case of self-collection, the risk is transferred to the buyer when the goods are handed over.
  2. In the case of free delivery of goods that are not assembled by us, the customer is obliged to have personnel available at his own expense for transport to the final destination. The customer shall be liable for any damage and additional costs incurred during assembly.
  3. Packaging shall be charged at cost price; the same shall apply to the return of packaging. Hire charges for railway and forwarding containers shall be invoiced according to the tariff.
  4. The customer is obliged to inspect the goods immediately for completeness, obvious incorrect delivery and (except in the case of self-collection) transport damage. The nature and extent of any transport damage found and - if possible - details of how the damage occurred must be noted on the delivery note and countersigned by the carrier. Transport damage or an incomplete delivery must be reported to us immediately in writing. In the event of failure to notify us, such damage can no longer be claimed later.

Assembly

  1. We do not start the installation until the customer has handed over the construction site swept clean and made the necessary preparations. Other tradesmen involved must have already completed their work.
  2. Electrical and water installations as well as bricklaying work are not included in our offer prices; they must be carried out by the customer. Bricklaying work also includes chiselling work.
  3. The customer must provide electricity, water, heating and waste bins. We do not incur any costs for this. The customer must ensure that the installation rooms are adequately lit, evenly heated and clean. The customer must provide lockable rooms for the storage of small parts, tools, etc.
  4. The customer is responsible for ensuring that the installation can be carried out without hindrance by third parties and without interruption. The customer is also responsible for ensuring that passageways and doors are dimensioned in such a way that the elements to be installed can be transported unhindered. The type, means and costs of vertical transport must be specified in the tender documents. The following are suitable for this purpose: Sufficiently dimensioned construction lift or staircase, free cable shafts or suitable openings in facades.
  5. The customer shall provide suitable premises for the temporary storage of the interior wall elements. Storage areas and rooms are determined in consultation with us depending on the assembly process, delivery quantities and rhythm. The customer is responsible for ensuring that the climatic conditions of the storage areas and rooms do not have any harmful effects on elements and accessories, even if they are stored for long periods. The load-bearing capacity of the ceilings and the floor structure must be specified by the customer in the tender documents.
  6. If it is necessary to drive on public roads that are completely or temporarily closed (e.g. pedestrian zones), it is the customer's responsibility to obtain official authorisation in good time.
  7. DIN 18202 Part 5 Line 3 applies to the evenness of the floor. We will carry out any necessary levelling work in the event of major deviations that exceed the tolerances for the usual charge.
  8. If the installation is delayed due to circumstances for which the customer is responsible, we must be notified in writing at least 14 days in advance. A new installation date must be agreed with us again; we will confirm this date in writing. The same applies if the installation has to be interrupted after it has begun. In this case, we shall be entitled to compensation from the customer for the additional costs incurred by us as a result of the interruption or delay.
  9. The installation rates agreed in the contract refer to work carried out on working days (excluding Saturdays) and during normal working hours. However, if it should become necessary to work overtime or at night or to work on Saturdays, Sundays and/or public holidays, the customer shall be obliged to reimburse us for the additional costs incurred.

Material defects and defects of title

  1. We shall provide the promised services in accordance with the state of the art applicable at the time of the order as well as the relevant legal provisions and in compliance with the care customary in the industry.
  2. The customer must inspect our delivery/services immediately after installation or, if no installation is to take place, after delivery. In the case of construction services, a joint acceptance shall take place, in which any defects shall be listed in a joint protocol. If acceptance is not required, defects must be reported in writing within 8 days of delivery or, if a defect is not recognisable during a proper inspection, within 8 days of becoming aware of it. The provision in § 8 clause 4 remains reserved.
  3. Insofar as our performance exhibits a material defect or defect of title (hereinafter: defect) within the limitation period, the cause of which already existed at the time of the transfer of risk, the customer shall be entitled to subsequent fulfilment by rectification or subsequent delivery at our discretion. We shall only bear the expenses necessary for this, such as labour, material, transport and travel costs, insofar as these expenses are not increased by the fact that a delivery item has subsequently been taken to a location other than the customer's registered office, unless this transfer corresponds to the intended use. Replaced parts shall become our property and must be returned to us.
  4. If the subsequent fulfilment fails, the customer shall be entitled, at his discretion, to reduce the remuneration without prejudice to any claims for damages and expenses or - insofar as our breach of duty is not insignificant - to withdraw from the contract.
  5. After consultation with us, the customer must give us the necessary time and opportunity to carry out all repairs and replacement deliveries that we deem necessary at our reasonable discretion. Otherwise, we shall be indemnified against the consequences of damage which occur because the customer has not given us the necessary time and opportunity to carry out the necessary defect rectification measures and/or replacement deliveries. Only in urgent cases where operational safety is jeopardised and to prevent disproportionately large damage - in which case we must be notified immediately - or if we are in default with the rectification of the defect, shall the customer have the right to rectify the defect himself or have it rectified by a third party and to demand reimbursement of the necessary costs from us.
  6. Claims for defects shall become time-barred 12 months after delivery or, if formal acceptance has been agreed, after acceptance. This shall not apply if longer periods are mandatory pursuant to §§ 438 para. 1 no. 2 (buildings, items for buildings), 479 para. 1 (recourse claims), 634 a para. 1 no. 2 BGB (building defects). If the VOB/B has been agreed, the warranty period shall be based on the provisions therein. We shall be liable for replacement parts or rectification of defects until the expiry of the warranty period applicable to the original delivery item.

Claims for damages and reimbursement of expenses

  1. We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages or reimbursement of expenses (hereinafter: claims for damages) based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. We shall also be liable in accordance with the statutory provisions if we have culpably breached a material contractual obligation (i.e. an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies and may rely), as well as in cases of injury to life, limb or health and insofar as we have assumed guarantees.
  2. Compensation for the breach of a material contractual obligation within the meaning of clause 1 above shall be limited to the foreseeable, typically occurring damage, except in cases of intent or gross negligence and except in cases of liability for injury to life, limb or health or under guarantees given. In this respect, these claims for damages shall lapse after 12 months.
  3. Otherwise, liability for damages - regardless of the legal nature of the asserted claim - is excluded. In this respect, we are in particular not liable for damages that have not occurred to the delivery item itself, such as loss of profit, loss of production and other financial losses of the customer.
  4. The mandatory provisions of the Product Liability Act remain unaffected.
  5. Claims for reimbursement of expenses by the customer are limited to the amount of the interest which the customer has in the fulfilment of the contract.
  6. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

Payment

  1. Sales personnel or other employees are only authorised to collect payment if they present a corresponding written power of attorney.
  2. Should circumstances become known to us after conclusion of the contract which call into question the customer's ability to pay, we shall be entitled to demand full payment or the provision of appropriate security before continuing to fulfil the order and, after setting a reasonable deadline for payment or the provision of security, to withdraw from the contract. It is assumed that the customer's solvency is in question if a credit rating of "3" or worse is available.
  3. We do not pay interest on advance payments or deposits made by a customer.

Prohibition of set-off, right of retention

  1. A customer may only offset our claims against undisputed, recognised or legally established counterclaims. He may only assert a right of retention under these conditions.

Retention of title

  1. We reserve title to the delivered goods until all our claims (including balance claims) against the customer have been settled. The customer may not dispose of goods subject to retention of title without our express consent.
  2. If goods subject to retention of title are processed by the customer into a new movable item, this item shall become our property without us being obliged to pay any costs. If the customer acquires sole ownership by combining, mixing or blending, he hereby assigns to us co-ownership in proportion to the value of the reserved goods to other goods also used.
  3. If third parties (in particular bailiffs) seize the reserved goods, the customer must draw attention to our ownership and inform us immediately. Any costs and damages shall be borne by the customer.
  4. If the customer acts in breach of contract (in particular in the event of default of payment), we shall be entitled to take back the reserved goods at the customer's expense. The repossession or seizure of the reserved goods by us shall not constitute a cancellation of the contract.
  5. If the customer suspends payment for any reason whatsoever, the right to resell, use or install the goods subject to retention of title shall lapse.

Place of fulfilment, place of jurisdiction and partial invalidity

  1. The place of fulfilment for deliveries and payments is Dörzbach.
  2. If the customer is a merchant within the meaning of Section 38 of the German Code of Civil Procedure (ZPO), the local jurisdiction of the Local Court of Künzelsau and the Regional Court of Heilbronn shall be agreed for disputes arising from this contract. The same shall apply if the customer's place of residence or habitual abode is unknown at the time the action is brought or if the customer has no general place of jurisdiction in Germany.
  3. If one or more of the above provisions are invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which fulfils the economic purpose pursued by it as far as possible.
  4. The contract is subject to the law of the Federal Republic of Germany with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law.