General terms and conditions contract Drexler GmbH & Co. KG
Scope - Object of the contract
(1) Our General Terms and Conditions apply to the provision of repair services in accordance with the contract between us and the customer.
(2) Our terms and conditions apply exclusively; We do not accept any terms and conditions of the client which differ from our general terms and conditions, unless we have expressly consented to their validity in writing. Our General Terms and Conditions also apply if we carry out the delivery to the client unconditionally in the knowledge of terms and conditions of the customer which deviate from our general terms and conditions.
(3) All agreements made between us and the customer for the purpose of the execution of this contract are set down in writing in this contract.
(4) Our terms and conditions apply both to consumers and to entrepreneurs, unless a differentiation is made in the respective clause.
Offer - Contract conclusion - Offer documents
(1) The order of the customer represents a binding offer, which we can accept within two weeks by sending an order confirmation or by handing over the work or providing the work.
(2) We retain ownership and copyrights in illustrations, drawings, calculations and other documents. This also applies to such written documents, which are referred to as confidential. Prior to its transfer to third parties, the customer requires our express written consent.
Prices - Terms of payment
(1) The agreed price is decisive. Binding prices are generally given on the basis of a written estimate, in which all details and the materials required for the production are to be listed in detail with the price. We are bound to such a cost estimate if the order is placed with us within four weeks after receipt of the quotation from the customer.
(2) The remuneration shall be paid within 10 days after the termination of all services after the allocation of the invoice. The statutory regulations apply regarding the consequences of the delay in payment.
(3) The deduction of cash discount shall require special written agreement.
(4) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, undisputed or acknowledged by us or linked to our main claim in a synallagmatic manner. Insofar as the client is an entrepreneur, a right of retention is excluded, unless the customer's counterclaim comes from the same legal relationship and is undisputed or legally binding.
If we have specified execution or production deadlines and made the basis for the assignment, such deadlines will be extended in the case of strikes and cases of force majeure, for the duration of the delay. The same applies if the customer does not fulfill any cooperation obligations.
Liability for defects
(1) We provide warranty for possible deficiencies by reworking. If the rectification fails, the customer may, at his discretion, demand a reduction of the compensation (reduction) or cancellation of the contract (withdrawal). This also applies if we seriously and definitively refuse the rework.
(2) The client is not entitled to withdraw from the contract if the breach of duty is irrelevant.
(3) The aforementioned deficiency claims expire in one year. This does not apply in the case of claims for damages due to defects. § 6 applies to claims for damages due to a defect.
(4) The customer is not given any guarantees in the case by us.
Liability for damage
(1) Our liability for contractual breaches of duty as well as for offenses is limited to intent and gross negligence. This does not apply in the event of injury to the customer's life, body or health, claims for the violation of cardinal obligations, ie. Of obligations arising out of the nature of the contract and in the event of violation of which the achievement of the purpose of the contract is jeopardized, as well as the replacement of default damages (§ 286 BGB). Insofar we are liable for every degree of fault.
(2) The foregoing exclusion of liability also applies to slightly negligent breach of duty by our vicarious agents.
(3) Insofar as liability for damage not caused by the injury to the client's life, body or health is not excluded for slight negligence, such claims shall become statute-barred within one year from the date on which the claim arises or in the event of claims for damages due to a defect From acceptance of the work.
(4) Insofar as the liability for damages is excluded or restricted, this also applies to the personal liability for damages of our employees, representatives and vicarious agents.
Limitation of own claims
(1) Our rights to payment of the wage shall be statute-barred by a period of five years from the date of § 195 BGB.
(2) Section 199 BGB shall apply with regard to the commencement of the period of limitation.
Form of declarations
Legal declarations and notices, which the customer has to deliver against us or a third party, require the written form. The text form acc. § 126b BGB is sufficient.
Place of performance - Choice of law - Court of jurisdiction
(1) This contract shall be governed by the law of the Federal Republic of Germany.
(2) In the case of contracts with merchants and legal persons governed by public law, exclusive jurisdiction shall be the court competent for our place of business.