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Conditions

1. Scope

The offers, deliveries, services of wulff und fischer decorations construction GmbH are exclusively subject to the following terms and conditions. In addition, the VOL, Part B in the currently valid version applies.
Subsidiary agreements to these conditions are only made in writing.
Conditions of the customer (AG) are only binding if they are recognized in writing by wulff und fischer decorations construction GmbH.

2. Offers, orders and conclusion of contract

2.1. Offers are binding for up to 30 calendar days from the date of the offer, unless other periods have been expressly stated in the list of offers. All offer documents such as drawings, descriptions, lists of offers may not be passed on, published or otherwise made accessible to third parties or used for self-production without the consent of wulff und fischer Decorations Bau GmbH. All information in the offer documents are guideline values unless they are expressly declared to be binding by wulff und fischer Decorations Bau GmbH.

2.2. Official approvals are at the expense of the client.

2.3. Orders are only binding after they have been confirmed in writing by wulff und fischer Decorations Bau GmbH, and the customer thus accepts the present terms and conditions.

3. Scope of delivery and service, delivery times, deadlines

3.1. The written order confirmation by wulff und fischer Decorations Bau GmbH is decisive for the scope of the delivery and service. The performance of the service, including the assembly personnel to be deployed, is determined by wulff und fischer Decorations Bau GmbH. Wulff und fischer Decorations Bau GmbH reserves the right to make changes to the delivery item in terms of construction and production technology and legal regulations, provided the changes to the delivery item are only insignificant and reasonable for the customer. These changes will be communicated to the AG as early as possible.

3.2 Delivery dates and deadlines, which can be agreed as binding or non-binding, are subject to the written form and begin at the earliest with the order confirmation by wulff und fischer Decorations Bau GmbH, but not before receipt and clarification of the documents, approvals, releases (as well as the agreed deposit). Delays in delivery and performance due to force majeure are not the responsibility of wulff und fischer Decorations Bau GmbH, even if deadlines have been agreed as binding. If wulff und fischer Decorations Bau GmbH is responsible for the delay, AG can claim 0.5% of the contract price for each completed week of delay, but in total up to a maximum of 5% of the delivery/service affected by the delay. The customer's right to withdraw after the agreed period of grace has expired without result remains unaffected. wulff und fischer decorations construction GmbH is entitled to make partial deliveries/services if this does not conflict with the overriding interests of the client.

4. Withdrawal

4.1. The customer is entitled to withdraw if wulff und fischer decorations construction GmbH is ultimately unable to provide the delivery/service for reasons for which it is responsible. In the event of a delay in delivery, the AG can withdraw from the contract if he has set wulff und fischer Decorations Bau GmbH a reasonable grace period in writing with the express declaration that he will withdraw from the contract after the grace period has expired without result.

4.2. If neither wulff und fischer decorationsbau GmbH nor the customer is responsible for the impossibility, wulff und fischer decorationsbau GmbH is entitled to a partial payment corresponding to its expenses.

4.3. If, despite a reminder, AG fails to cooperate in any way that is incumbent on him, so that wulff und fischer Decorations Bau GmbH cannot perform its services, or if AG is in arrears with a payment that is due, wulff und fischer Decorations Bau GmbH can set a reasonable grace period with the declaration that she will terminate the contract after this period has expired without result. After this period of grace has expired, wulff und fischer decorations construction GmbH is entitled to terminate the contract.

5. Prices

5.1. The prices stated in the order confirmation plus statutory sales tax are decisive. Additional deliveries / services will be charged separately. Quotation prices refer to the information and documents available at the time of price determination regarding construction and execution. Unless otherwise agreed, all prices do not include transport and packaging costs ex Eschenlohe.

5.2. In the event of price increases due to changes in the relevant cost factors such as material costs, wages, energy costs, etc., wulff und fischer Decorations Bau GmbH can demand renegotiation of the price adjustment after immediate notification from the client.

6. Terms of Payment

6.1. Unless otherwise agreed, payments are to be made plus statutory sales tax without deductions within 14 days of invoicing. Payment is deemed to have been made when wulff und fischer Decorations Bau GmbH can dispose of the amount.

6.2. In the event of default, interest will be charged at the latest after a reminder has been sent, in accordance with the usual bank interest rates for short-term loans. If wulff und fischer decorationsbau GmbH becomes aware of circumstances that call into question the customer's creditworthiness, if the customer does not cash a check or stops payments, wulff und fischer decorationsbau GmbH is entitled to call in the entire remaining debt, even if checks were accepted Has. In this case, wulff und fischer Decorations Bau GmbH is also entitled to demand advance payments and security payments. In the event of the definitive cessation of payments by AG and/or bankruptcy or insolvency proceedings against its assets, wulff und fischer decorations construction GmbH is entitled to withdraw from the part of the contract that has not yet been fulfilled. Offsetting on the part of the customer is excluded, unless the counterclaims are legally established or not disputed by wulff und fischer Decorations Bau GmbH.

6.3. If payment steps are not agreed separately, the following deadlines apply:
Long-term orders with assembly/setup (over three months):
30% when the order is placed, 30% when production begins, 30% when set up, 10% after acceptance
Medium-term orders without assembly work (one to three months):
40% upon order placement, 30% upon start of production, 30% upon delivery
Short-term orders without installation work (less than a month):
60% on order placement, 40% on completion/delivery

7. Retention of Title

7.1. The deliveries/services remain the property of wulff und fischer Decorations Bau GmbH (reserved items) until all claims have been settled in full.

7.2. The client is obligated to notify wulff und fischer decorationsbau GmbH immediately in writing of any seizure of the reserved items and to inform the pledgee of the retention of title. The AG is not entitled to sell, give away, pledge or assign as security the items delivered to him under retention of title.

7.3. If the delivery is made for a business operation maintained by the AG, the items may be resold within the framework of proper business management, the resulting claims of the AG against the customer from the sale are already assigned to wulff und fischer Decorations Bau GmbH. In the case of resale of the items on credit, the AG has to reserve title to his customer and hereby assigns it to wulff und fischer Decorations Bau GmbH. If the reserved items are installed as essential components in the property of a third party by the customer or on his behalf, the customer shall already now step up against the third party or the person concerned for any claims for remuneration with all ancillary rights, including the granting of a security mortgage , to wulff und fischer decorations construction GmbH. If reserved items are built into the customer's property as essential components, the customer hereby assigns the claims arising from the sale of the property or property rights with all ancillary rights to wulff und fischer Decorations Bau GmbH. If the value of the securities existing for wulff und fischer decorationsbau GmbH according to the above provisions exceeds the value of the claims of wulff und fischer decorationsbau GmbH - not only temporarily - by a total of more than 25%, wulff und fischer decorationsbau GmbH is on request of the customer is obliged to release securities of his choice accordingly.

7.4. If the customer does not fulfill his obligations towards wulff und fischer DECORATIONSBAU GmbH or does not do so on time and/or if he influences the items delivered under retention of title in an impermissible manner, wulff und fischer DECORATIONSBAU GmbH can, without prejudice to its right to fulfillment of the contract Demand objects if a reasonable deadline set for the AG to fulfill its obligations has elapsed without success. If the customer has fulfilled the contract, wulff und fischer decorations construction GmbH must return the items.

8. Passing of Risk and Acceptance

8.1. The risk passes to the AG as soon as the delivery parts have been handed over to the person carrying out the transport or have left the factory for the purpose of shipment. At the request of the customer, deliveries will be insured in his name and on his account.

8.2. After completion or notification of readiness for dispatch, the service/partial service must be accepted by the client at the request of wulff und fischer Decorations Bau GmbH within the agreed period, but within a maximum of 10 working days. If acceptance does not occur within this period for reasons for which wulff und fischer Decorations Bau GmbH is not responsible, the service shall be deemed to have been accepted at the end of the 10 working days. The material acceptance fees are borne by wulff und fischer Decorations Bau GmbH, the personal acceptance costs and fees of the acceptance institute by the customer. Partial services/deliveries are permitted.

9. Warranty and Liability

9.1. Obvious defects in services can no longer be asserted after acceptance. Non-obvious defects are to be reported immediately in writing within the relevant warranty period according to Section 13 VOB, Part B. The warranty is limited to repairs and replacements free of charge at the discretion of wulff und fischer Decorations Bau GmbH. Insignificant, reasonable deviations in the dimensions and designs - especially in the case of repeat orders - do not justify complaints unless absolute compliance has been expressly agreed. Technical improvements and necessary technical changes are also considered to be in accordance with the contract, provided they do not impair the usability. If operating or maintenance instructions are not followed, the agreed use is changed by the AG, the objects are handled improperly, changes are made to the products, parts are replaced or consumables are used, then any warranty shall be void if the AG makes a correspondingly substantiated assertion that only one of these circumstances caused the defect, not refuted. If the repair or the replacement delivery fails after a reasonable period of time, the customer can choose to demand a reduction in price or cancellation of the contract. The above provisions of this paragraph do not apply to the sale of items that have already been used. These are supplied without any guarantee.

9.2. Limitation of liability: Liability on the part of wulff und fischer Decorations Bau GmbH is limited to intent and gross negligence. Any further liability is excluded. Liability for normal wear and tear is excluded. Claims for damages from positive breach of contract, from culpa in contrahendo and from tortious acts are excluded both against wulff und fischer decorations building GmbH and against their vicarious agents, unless the damage was caused intentionally or through gross negligence. This does not apply to claims for damages from property assurances, which are intended to protect the customer against the risk of consequential damage. Claims for damages under the law on liability for defective products (PrdHG) remain unaffected.

10. Jurisdiction

10.1. If both contracting parties are registered traders within the meaning of the German Commercial Code, Munich is the exclusive place of jurisdiction.

 

10.2. validity
The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between wulff und fischer decorations construction GmbH and AG. Should a provision in these terms and conditions be or become invalid, this shall not affect the validity of all other provisions and agreements between wulff und fischer Decorations Bau GmbH and AG.

 

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