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Contracts and order confirmations are only valid upon confirmation by the managing director.

§ 1 Basis

The basis for the conclusion of the contract is the respective provisions of the German Verdingungsverordnung für Bauleistungen (VOB) in their latest version and the applicable DIN guidelines for procurement and billing, the regulations of the construction professional association, and the applicable building law regulations.

§ 2 Contract Design

The content and scope of the mutual rights and obligations of the contracting parties are solely based on the provisions of the contract. Changes and additions to this contract require written form for their effectiveness. If a provision of this contract is ineffective, the other contract provisions remain valid. The contracting parties undertake to replace the ineffective contract provisions with a provision that comes closest to the purpose of the ineffective provisions in good faith. Both contracting parties declare that in case of disputes about the interpretation of this contract, an amicable settlement shall be sought first. Oral agreements and special requests require written confirmation.

§ 3 Quotations

Quotations are non-binding and subject to the applicable value-added tax. We are bound to the stated prices for 6 calendar weeks. Orders are only effective upon our written confirmation or upon performance or invoicing. Additions and changes to the order require our written confirmation.

§ 4 Deliveries/Services

A completion date is only agreed upon if confirmed by us in writing. If a confirmed date cannot be met by our company due to force majeure or for reasons not caused by us, this delay is not attributable to our company. The client/customer is entitled to withdraw from the contract due to non-compliance with the agreed-upon deadline only if a reasonable grace period set by them has expired. A reasonable grace period is at least 4 weeks. The equipment necessary for the provision of services is provided by our company. When calculating the order on a time and materials basis, the prices for parts used, materials, and special services, as well as the prices for labour, travel, and transport costs, must be specified separately. In agreements with a fixed price, this price is binding and includes all costs and expenses associated with the execution of the order. The company reserves the right to calculate the order based on its current workload. The parties endeavour to support each other in fulfilling their respective obligations by providing information, advice, or experiences to ensure a smooth and efficient workflow for both parties. The client is obligated to accept the order as soon as we inform them of its completion.

§ 5 Prices

Agreed prices are fixed prices for the intended execution time and are exclusive of the applicable value-added tax.

§ 6 Payment Conditions

The invoice amount is due 7 days after the completion of the construction project/construction phase without any deduction. For larger construction projects, progress payments are agreed upon. In case of default of payment, we are entitled to charge interest at a rate of 5% above the reference rate of the European Central Bank in accordance with the Discount Rate Transition Act. The right to claim additional damages remains unaffected. When accepting orders, we assume the creditworthiness of our clients/customers. In case of reasons becoming known that give rise to justified doubts about the customer's ability to pay properly, such as comparison proceedings, imminent payment suspension, we are entitled to withhold deliveries not yet made or to withdraw from the contract. This does not release the client/customer from their obligations under the parts of the contract already fulfilled by us. The client/customer waives the right to retain due payments from previous or other transactions in the current business relationship. The right to withdraw remains unaffected and is subject to statutory provisions.

§ 7 Retention of Title

The delivered parts remain our property until payment of the invoice and all claims arising from the business relationship. The inclusion of individual claims in a current account or the drawing of a balance and their recognition do not cancel the retention of title. In case of payment default by the client/customer, we are entitled to reclaim the reserved goods, and the customer is obligated to return them.

§ 8 Defect Complaint, Warranty, and Liability

If the delivered item is defective or lacks assured properties, we are obliged, at our discretion and to the exclusion of further warranty claims, to provide a replacement. The defects must be reported immediately, at the latest within 10 days after acceptance, in writing. The warranty period is 4 years for buildings and 2 years for other works, the success of which consists of the production, maintenance, or modification of an item, and for parts of firing systems affected by fire, unless otherwise agreed in writing, such as maintenance contracts. The customer has a right of withdrawal only if we are unable to provide a replacement or remedy the defect, or if the customer has set a reasonable deadline for us which has expired. We are not liable for errors resulting from the documents submitted by the customer (drawings, samples, colour numbers, etc.) or from incorrect further processing. Complaints about defects do not entitle to withhold the invoice amounts. We are entitled to refuse the rectification of defects if the customer does not fulfil their obligations. Defects in part of the construction phase do not entitle the customer to complain about the entire construction phase. Material returns may only be made with our consent.

§ 9 Jurisdiction

The place of performance and jurisdiction for all services and disputes arising from this contractual relationship is the court located in Darmstadt. German law exclusively applies to the business relationship between the parties.