Terms and conditions
§ 1 General
1. The following general terms and conditions apply exclusively to all services. These conditions also apply to all future transactions with the contractual partner, as far as legal transactions of a related nature are concerned.
2. Differing, conflicting or supplementary general terms and conditions of the contractual partner do not become part of the contract, even if they are known, unless the FA. Michael Messerschmidt expressly agrees to their validity in writing.
§ 2 Order placement
The offers of the FA. Michael Messerschmidt are non-binding until the contract is awarded.
§ 3 Prices
The prices are net in euros and plus the applicable statutory value added tax.
§ 4 Payment
1. Unless otherwise agreed, the invoice amount is due for payment net and without deductions within 8 days of the invoice date. All payments are to one of the FA. Michael Messerschmidt.
2. If the customer is in arrears with a payment that is due or if his economic circumstances deteriorate significantly, the FA. Michael Messerschmidt is entitled to demand advance payment for the part of the contract that has not yet been fulfilled or for further services, without the need for a prior setting of a grace period.
3. In the event of a default in payment or a default in credit on the part of the customer, all claims of FA against the customer. Michael Messerschmidt is due for payment immediately. In addition, the FA. Michael Messerschmidt is entitled to charge interest on arrears at a rate of 8 percentage points above the respective base interest rate (for entrepreneurs) or 5 percentage points above the respective base interest rate (for consumers). In addition, the FA. Michael Messerschmidt can also claim further damages.
4. If the customer is an entrepreneur, the customer cannot withhold payments or set off payments if the customer's counterclaim is not undisputed or has not been legally established.
§ 5 Shipping
The delivery is deemed to have been made on time if the goods have left the factory within the agreed period or readiness for dispatch has been reported. In the event of force majeure or operational disruptions, transport difficulties or other unforeseeable, unavoidable and serious events, the FA is released. Michael Messerschmidt from his performance obligations for the duration of the disruption. The FA. Michael Messerschmidt is obliged to provide the necessary information immediately and within reasonable limits and to adjust the obligation to the changed circumstances in good faith. Partial deliveries are permitted. Come the FA. Michael Messerschmidt is in default with the service, the customer can withdraw from the contract if he informs FA. Michael Messerschmidt sets a reasonable grace period for the delivery and the FA. Michael Messerschmidt allows the deadline to pass fruitlessly. Further claims due to delay, in particular claims for damages, are excluded insofar as the FA. Michael Messerschmidt did not cause the delay intentionally or through gross negligence.
§ 6 Assembly
1. The customer must ensure that the construction site offers all the prerequisites for unhindered assembly. Additional expenses incurred by clearing non-accessible assembly locations will be reimbursed by the FA. Michael Messerschmidt charged extra.
2. Components or furnishings that require special protection are to be removed by the client before the start of assembly or to be adequately protected. Occurs to the client through or during assembly by the FA. Michael Messerschmidt, this is only liable if it was caused intentionally or through gross negligence.
3. Assembly dates are only binding if they are approved by the FA. Michael Messerschmidt were confirmed orally or in writing. In the event of force majeure or other unforeseeable events, assembly will not be carried out.
4. The FA is responsible for postponing or not using the assembly service. Michael Messerschmidt at least 48 hours before assembly. If the planned assembly cannot be carried out for reasons for which the customer is responsible, the costs incurred as a result must be borne by the customer.
5. The amount of the costs for the resulting failure is 100% (one hundred percent) of the agreed sum according to the oral or written contract.
6. In the case of verbal or written contracts, where the assembly service is to be provided over several days, a daily flat rate of 100% of the agreed sum will be charged.
7. If the customer is responsible for the non-completion of the order, the FA. Michael Messerschmidt immediately initiate the dunning procedure without any further written request. The client has to bear the fees for the reminder procedure.
§ 7 Retention of Title
The ones from FA. Goods delivered to Michael Messerschmidt remain until all of the FA have been fulfilled. Michael Messerschmidt's claims against the customer are the property of FA. Michael Messerschmidt. If the customer sells the FA. If the goods are delivered to Michael Messerschmidt, regardless of the condition, he hereby assigns to FA the claims arising from the sale against his customer up to the amount of the claims. Michael Messerschmidt exits. The customer is obliged to notify his customer of the assignment and the FA. To provide Michael Messerschmidt with all necessary documents and information to assert our rights. If the customer receives payments from his customers, these payments are deemed to be for the FA. Michael Messerschmidt and are immediately to the FA. forward to Michael Messerschmidt.
§ 8 Warranty
1. Warranty rights of the customer, who is an entrepreneur, presuppose that he has properly fulfilled his obligations to examine and give notice of defects according to § 377 HGB. Recognizable defects are the FA. Michael Messerschmidt from the customer within 8 days after acceptance of the work at the latest, to inform Michael Messerschmidt in writing of any non-recognizable defects immediately after discovery. Any warranty is excluded if the notification of defects is not made in good time.
2. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear. The FA. Michael Messerschmidt initially provides a warranty for defects in the work to be manufactured by repairing or remanufacturing within a reasonable period of time.
3. To undertake all of the FA. After agreement with the seller, the customer must give Michael Messerschmidt the necessary time and opportunity for repairs and replacement deliveries that appear necessary at his reasonable discretion, otherwise the FA. Michael Messerschmidt released from liability for defects. Unless the FA. Michael Messerschmidt is not responsible for the breach of duty resulting from a defect, the customer is not entitled to withdraw from the contract.
4. Claims for defects expire 12 months after acceptance of the work. The short limitation period does not apply if the FA. Michael Messerschmidt can be accused of gross negligence as well as in the case of the FA. Bodily injury and damage to health attributable to Michael Messerschmidt. Liability under the Product Liability Act also remains unaffected.
§ 9 Limitations of Liability
In the case of slightly negligent breaches of duty, the liability of the FA is limited. Michael Messerschmidt based on the type of work, foreseeable, contract-typical, immediate average damage. The above limitations of liability do not apply to product liability claims by the customer. Furthermore, the limitations of liability do not apply to the FA. Bodily injury and damage to health attributable to Michael Messerschmidt.
§ 10 Final Provisions
1. The law of the Federal Republic of Germany applies exclusively.
2. The place of jurisdiction for all disputes arising from the contractual relationship is Meiningen.
3. Should individual provisions of the contract with the contractual partner, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.