General Terms and Conditions (as of 01.01.2019)
German law applies. Any terms or conditions of customers or suppliers opposing or differing from our general terms and conditions shall not be accepted. In case of awarding pursuant to VOB/A (German Construction Contract Procedures Part A) or VOL/A (German Contract Procedures for Supplies and Services Part A) our general terms and conditions shall not apply. The General terms and conditions shall apply regardless of whether we become a contracting party as a client or contractor.
2. Other construction works and supplies
2.1. Acceptance of order
All offers are subject to change until acceptance of the order. If the client’s order differs from our offer, a contract shall only be deemed concluded upon our confirmation.
2.2. Delay in delivery
If the performance owed by us is delayed by force majeure, lawful strike, incapacity through no fault of ours or by one of our suppliers as well as unfavorable weather conditions, the agreed delivery time shall be extended by the duration of the delay.
2.3. Notice of defects
Entrepreneurs shall give written notice of obvious defects of our supplies and services within a period of two weeks after goods have been delivered or upon acceptance of performance. Once this term has expired, claims for obvious defects can no longer be asserted. The comprehensive regulations on commercial sale shall remain unaffected.
2.4. Statute of limitation for claims based on defects
For contracts with entrepreneurs, which do not affect construction work, we provide a warranty of one year for defects. If we carry out repair work that does not constitute construction work, the statute of limitation of a one-year warranty applies regardless of the person of the contracting party. The provisions of this paragraph do not apply in cases of intent or gross negligence or claims due to damage to life, body or health or if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the delivered item.
2.5. Implementation of warranty
In case of justified complaints we shall have the right either to repair the defective goods or to supply non-defective goods against return of the defective goods. As long as we comply with our obligations to remedy the deficiencies, the client shall not have the right to demand reduction of the remuneration or cancellation of the contract, except for the event that the rectification measures taken should prove to have failed. If a repair or replacement is not possible, if it fails or if it is refused, the client may request a corresponding price reduction or cancellation of the contract. Sentence 1 shall not apply in case of consumer business regarding the purchase of movable items.
2.6. Costs of dismantling and assembly
The statutory provisions under sales contract law is fully applicable for the assertion of costs of dismantling and assembly.
If no individual payment schedule has been agreed, we shall be entitled to demand a partial payment amounting to the value of the service rendered.
3. Formal acceptance
In the event a formal acceptance is contractually agreed upon, acceptance is assumed if we have first unsuccessfully and in reasonable manner requested the customer for effecting the acceptance. Acceptance takes effect twelve working days after receipt of the request.
4. Liquidated damages
If the client terminates the contract according to § 649 BGB (German Civil Code), we shall be entitled to demand 10% of the remuneration for the part of the performances not yet performed as compensation for damages. On submission of appropriate proof, we shall also be entitled to claim a higher amount. The client is expressly reserved the right to prove that no or less damage has occurred.
5. Maintenance, control and care instructions
5.1. For the long-term maintenance of value and durable functionality of our products and works, our clients should pay particular attention of the following:
Fittings and common components must be checked and if applicable to be oiled and greased,
Sealing joints must be checked on a regular basis,
Paint coating inside as well as outside (e.g. windows, floors, steps) must be given subsequent treatment according to the type of paint or varnish and weather effects and usage.
These works are not part of our scope of supply, unless expressly agreed otherwise. Failure to perform the necessary maintenance work can affect the service life and the functionality of the components, without justifying any right to claims for damages against us.
5.2. Insignificant, reasonable deviations in the dimensions and designs (colour and structure), in particular in the event of repeat orders, shall not be deemed cause for complaint, as far as these are in the nature of used materials (solid timber, veneer, leather, fabrics and similar) and are customary.
5.3. The professional installation of modern windows, exterior doors as well as light and sun screening systems improves the energy quality of the building and makes the building envelope denser. In order to maintain the indoor air quality and to prevent the formation of mold, additional requirements for ventilation of the building according to DIN 1946-6 must be met. A possibly necessary ventilation concept is part of the planning duties, which are not the subject of our order and must always be arranged by the client/ building owner.
5.4. The client shall ensure suitable climatic conditions (humidity, temperature) for the protection and preservation of the delivered items (e.g. windows, stairs, parquet).
The right to set-off is excluded as far as the counterclaim has not been defined by enforceable final judgement.
7. Retention of title
7.1. The delivered goods shall remain our property until full payment.
7.2. In the event that any goods delivered by us under retention of title are subject to the attachment of a lien, the customer shall be obliged to immediately notify us in writing and at the same time to notify the pledgee of our entitlement to the goods. The customer shall not be entitled to sell the delivered goods, to give them away, to pledge them or to transfer title to the goods as security.
7.3. If the delivery is effected for a business maintained by the customer, the goods may be resold as part of a sound business management. In this case, the claims of the customer against the buyer resulting from the sale are already assigned to us in the amount of the invoice value of the delivered reserved item. If the items are resold on credit, the customer must in turn reserve the title of ownership towards his purchaser. The customer hereby assigns to us the rights and claims from this retention of title against his purchaser.
7.4. In the event that goods subject to retention of title are installed as essential part in the premises of the customer, the customer hereby assigns to us the claims arising from the sale of the real property or from real property rights to the invoice value of the reserved goods with all subsidiary rights.
7.5. In the event that goods subject to retention of title are installed as essential part in the premises of a third party, the customer assigns to us any resulting claims for remuneration to the value of the reserved goods with all subsidiary rights against third parties or against anyone whom it may concern. With the processing, combination, commingling of the goods subject to reservation of title with other goods by the customer, we shall be entitled to co-ownership in the new goods in proportion to the invoice value of the reserved goods to the value of other goods.
8. Intellectual property rights
We shall reserve property rights and copyrights in respect of cost estimates, draft, drawings and estimations. They may not be used, reproduced or made accessible to third parties without our consent. They are to be returned immediately if the order is not placed with us.
9. Settlement of disputes
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
10. Place of jurisdiction
If both contractual parties are merchants, the place of business of RvE Fenster +Türen Manufaktur is agreed as the exclusive place of jurisdiction. Our terms and conditions are available to download here.