GENERAL TERMS AND CONDITIONS

of the wood and plastics processing trade (last updated 01/01/2009)


1. Applicable Law

German law applies. For all construction work (joinery work and interior) including installation commissioned by a contractor engaged in construction,  the provisions of the German Construction Contract Procedures (VOB, Part B) shall apply in the version valid upon conclusion of the contract.

2. Other construction services and supplies
For all services not subject to VOB Part B, the provisions of paragraphs 2.1 through 2.6 shall additionally apply.

2.1 Order acceptance
All offers are subject to change until the order is accepted. Should the Purchaser's order deviate from the Contractor's tender, the contract is considered concluded only with the confirmation of the Contractor.

2.2 If the service to be provided by the Contractor is delayed due to force majeure, legal strike, inability to deliver through no fault or failure of the Contractor or any of its suppliers, or unfavorable weather conditions, the agreed delivery period is extended by the duration of the delay.

2.3 Warranty
Obvious defects must be claimed in writing within two weeks of delivery or upon acceptance of services. After the expiry of this period, warranty claims arising from obvious defects can no be longer invoked.

2.4 In the case of justified complaints, the contractor may choose to remedy the defect or provide a substitute delivery in exchange for the return of the goods . As long as the Contractor complies with its obligations to remedy the defects, the Purchaser shall not be entitled to a discount or termination of the contract, unless the repair fails to remedy the defect. If repair or replacement is not possible, fails to remedy the defect or is refused, the Purchaser can either demand a discount in the corresponding amount or termination of the contract. Section 1 does not apply to consumer transactions on the purchase of goods.

2.5 Down payment
In the absence of an individual payment plan, a down payment may be required for partial services in the amount of the added value. In the case of significant defects, compensation shall be limited to an amount of twice the estimated remedial costs.

2.6 Payment
Once the contractual service has been provided and delivered by the Contractor and accepted, payment is due immediately and without discount upon submission of the Contractor's invoice, unless otherwise agreed.

3. Formal acceptance
Unless the contract requires a formal acceptance, a delivery shall be considered accepted after two reasonable and unsuccessful attempts by the Contractor to obtain acceptance from the Purchaser. This default acceptance shall take effect twelve working days after receipt of the attempt to obtain acceptance.

4. Liquidated damages
If the Purchaser terminates the contract before the construction work has been executed, the Contractor shall be entitled to damage compensation in the amount of 10% of the total order amount. The Purchaser reserves the right to provide evidence of a lesser amount of damages.

5.1 Technical Notes
The Purchaser is advised that he shall be responsible for the following maintenance work:

  • Fittings and standard parts must be inspected and greased or lubricated where applicable
  • Sealing joints must be inspected regularly
  • Exterior paintwork (e.g. on windows) must be touched up depending on the type of paint or varnish and weather conditions

Unless otherwise agreed, these work items do not fall within the scope of the order. Failure to perform maintenance work can significantly affect the lifespan and functionality of the components without entitling the Purchaser to compensation by the Contractor.

5.2 Products created using natural materials (solid wood, veneer) are subject to a reasonable amount of normal, insignificant deviations in their dimensions and appearance (color and texture), particularly in the case of repeat orders.

6. Payments
Payments by letter of exchange are allowed only by special agreement. Bills and checks are only accepted as an undertaking to pay, but not in lieu of payment. Exchange costs and transfer fees are payable by the Purchaser.

7. Offsetting against other undisputed or legally assessed claims is hereby expressly excluded.

8. Reservation of title
8.1 Delivered goods remain property of the Contractor until receipt of payment in full.

8.2 The Purchaser shall inform the Contractor immediately in writing in the event of seizure of the reserved goods and inform the pledgee of the reservation of title. The Purchaser is not entitled to sell, give away, pawn or submit to cession by security any of the goods supplied to him under reservation of title.

8.3 If goods have been delivered for a commercial pursuit carried on by the Purchaser, the items may be resold in the normal course of business. In this case, the demands of the Purchaser towards his customer for the resale of the reserved goods are ceded to the Contractor in the amount owed. Where the items are resold on credit, the Purchaser shall reserve title to the items towards his customer. The Purchaser hereby assigns to the Contractor the rights and claims accruing against his customer from such reservation of title.

8.4 Where reserved goods are incorporated as an integral part into the real property of the Purchaser, the Purchaser hereby already assigns to the Contractor the claims in the amount owed arising from sale of the real property or the rights thereto, together with all ancillary rights.

8.5 Where the reserved goods are incorporated as an integral part of the real property of the of a third party by or at the instruction of the Purchaser, the Purchaser hereby already assigns to the Contractor any claims in the amount owed towards this third party, together will all ancillary rights. If the Purchaser manufactures, combines or mixes the reserved property with other goods, the Contractor shall obtain co-ownership in the new goods in proportion to the amount owed for the reserved property to the value of the other goods.

9. The Contractor reserves all proprietary rights and copyrights for cost estimates, designs, drawings and calculations. They may not be used, reproduced or distributed to third parties without the Contractor's consent. They must be returned immediately if no order is placed.

10. Jurisdiction
If both contractual parties are merchants,  the business location of the Contractor shall be the exclusive place of jurisdiction.

GENERAL TERMS AND CONDITIONS

of the wood and plastics processing trade (last updated 01/01/2009)


1. Applicable Law

German law applies. For all construction work (joinery work and interior) including installation commissioned by a contractor engaged in construction,  the provisions of the German Construction Contract Procedures (VOB, Part B) shall apply in the version valid upon conclusion of the contract.

2. Other construction services and supplies
For all services not subject to VOB Part B, the provisions of paragraphs 2.1 through 2.6 shall additionally apply.

2.1 Order acceptance
All offers are subject to change until the order is accepted. Should the Purchaser's order deviate from the Contractor's tender, the contract is considered concluded only with the confirmation of the Contractor.

2.2 If the service to be provided by the Contractor is delayed due to force majeure, legal strike, inability to deliver through no fault or failure of the Contractor or any of its suppliers, or unfavorable weather conditions, the agreed delivery period is extended by the duration of the delay.

2.3 Warranty
Obvious defects must be claimed in writing within two weeks of delivery or upon acceptance of services. After the expiry of this period, warranty claims arising from obvious defects can no be longer invoked.

2.4 In the case of justified complaints, the contractor may choose to remedy the defect or provide a substitute delivery in exchange for the return of the goods . As long as the Contractor complies with its obligations to remedy the defects, the Purchaser shall not be entitled to a discount or termination of the contract, unless the repair fails to remedy the defect. If repair or replacement is not possible, fails to remedy the defect or is refused, the Purchaser can either demand a discount in the corresponding amount or termination of the contract. Section 1 does not apply to consumer transactions on the purchase of goods.

2.5 Down payment
In the absence of an individual payment plan, a down payment may be required for partial services in the amount of the added value. In the case of significant defects, compensation shall be limited to an amount of twice the estimated remedial costs.

2.6 Payment
Once the contractual service has been provided and delivered by the Contractor and accepted, payment is due immediately and without discount upon submission of the Contractor's invoice, unless otherwise agreed.

3. Formal acceptance
Unless the contract requires a formal acceptance, a delivery shall be considered accepted after two reasonable and unsuccessful attempts by the Contractor to obtain acceptance from the Purchaser. This default acceptance shall take effect twelve working days after receipt of the attempt to obtain acceptance.

4. Liquidated damages
If the Purchaser terminates the contract before the construction work has been executed, the Contractor shall be entitled to damage compensation in the amount of 10% of the total order amount. The Purchaser reserves the right to provide evidence of a lesser amount of damages.

5.1 Technical Notes
The Purchaser is advised that he shall be responsible for the following maintenance work:

  • Fittings and standard parts must be inspected and greased or lubricated where applicable
  • Sealing joints must be inspected regularly
  • Exterior paintwork (e.g. on windows) must be touched up depending on the type of paint or varnish and weather conditions

Unless otherwise agreed, these work items do not fall within the scope of the order. Failure to perform maintenance work can significantly affect the lifespan and functionality of the components without entitling the Purchaser to compensation by the Contractor.

5.2 Products created using natural materials (solid wood, veneer) are subject to a reasonable amount of normal, insignificant deviations in their dimensions and appearance (color and texture), particularly in the case of repeat orders.

6. Payments
Payments by letter of exchange are allowed only by special agreement. Bills and checks are only accepted as an undertaking to pay, but not in lieu of payment. Exchange costs and transfer fees are payable by the Purchaser.

7. Offsetting against other undisputed or legally assessed claims is hereby expressly excluded.

8. Reservation of title
8.1 Delivered goods remain property of the Contractor until receipt of payment in full.

8.2 The Purchaser shall inform the Contractor immediately in writing in the event of seizure of the reserved goods and inform the pledgee of the reservation of title. The Purchaser is not entitled to sell, give away, pawn or submit to cession by security any of the goods supplied to him under reservation of title.

8.3 If goods have been delivered for a commercial pursuit carried on by the Purchaser, the items may be resold in the normal course of business. In this case, the demands of the Purchaser towards his customer for the resale of the reserved goods are ceded to the Contractor in the amount owed. Where the items are resold on credit, the Purchaser shall reserve title to the items towards his customer. The Purchaser hereby assigns to the Contractor the rights and claims accruing against his customer from such reservation of title.

8.4 Where reserved goods are incorporated as an integral part into the real property of the Purchaser, the Purchaser hereby already assigns to the Contractor the claims in the amount owed arising from sale of the real property or the rights thereto, together with all ancillary rights.

8.5 Where the reserved goods are incorporated as an integral part of the real property of the of a third party by or at the instruction of the Purchaser, the Purchaser hereby already assigns to the Contractor any claims in the amount owed towards this third party, together will all ancillary rights. If the Purchaser manufactures, combines or mixes the reserved property with other goods, the Contractor shall obtain co-ownership in the new goods in proportion to the amount owed for the reserved property to the value of the other goods.

9. The Contractor reserves all proprietary rights and copyrights for cost estimates, designs, drawings and calculations. They may not be used, reproduced or distributed to third parties without the Contractor's consent. They must be returned immediately if no order is placed.

10. Jurisdiction
If both contractual parties are merchants,  the business location of the Contractor shall be the exclusive place of jurisdiction.

GENERAL TERMS AND CONDITIONS

of the wood and plastics processing trade (last updated 01/01/2009)


1. Applicable Law

German law applies. For all construction work (joinery work and interior) including installation commissioned by a contractor engaged in construction,  the provisions of the German Construction Contract Procedures (VOB, Part B) shall apply in the version valid upon conclusion of the contract.

2. Other construction services and supplies
For all services not subject to VOB Part B, the provisions of paragraphs 2.1 through 2.6 shall additionally apply.

2.1 Order acceptance
All offers are subject to change until the order is accepted. Should the Purchaser's order deviate from the Contractor's tender, the contract is considered concluded only with the confirmation of the Contractor.

2.2 If the service to be provided by the Contractor is delayed due to force majeure, legal strike, inability to deliver through no fault or failure of the Contractor or any of its suppliers, or unfavorable weather conditions, the agreed delivery period is extended by the duration of the delay.

2.3 Warranty
Obvious defects must be claimed in writing within two weeks of delivery or upon acceptance of services. After the expiry of this period, warranty claims arising from obvious defects can no be longer invoked.

2.4 In the case of justified complaints, the contractor may choose to remedy the defect or provide a substitute delivery in exchange for the return of the goods . As long as the Contractor complies with its obligations to remedy the defects, the Purchaser shall not be entitled to a discount or termination of the contract, unless the repair fails to remedy the defect. If repair or replacement is not possible, fails to remedy the defect or is refused, the Purchaser can either demand a discount in the corresponding amount or termination of the contract. Section 1 does not apply to consumer transactions on the purchase of goods.

2.5 Down payment
In the absence of an individual payment plan, a down payment may be required for partial services in the amount of the added value. In the case of significant defects, compensation shall be limited to an amount of twice the estimated remedial costs.

2.6 Payment
Once the contractual service has been provided and delivered by the Contractor and accepted, payment is due immediately and without discount upon submission of the Contractor's invoice, unless otherwise agreed.

3. Formal acceptance
Unless the contract requires a formal acceptance, a delivery shall be considered accepted after two reasonable and unsuccessful attempts by the Contractor to obtain acceptance from the Purchaser. This default acceptance shall take effect twelve working days after receipt of the attempt to obtain acceptance.

4. Liquidated damages
If the Purchaser terminates the contract before the construction work has been executed, the Contractor shall be entitled to damage compensation in the amount of 10% of the total order amount. The Purchaser reserves the right to provide evidence of a lesser amount of damages.

5.1 Technical Notes
The Purchaser is advised that he shall be responsible for the following maintenance work:

  • Fittings and standard parts must be inspected and greased or lubricated where applicable
  • Sealing joints must be inspected regularly
  • Exterior paintwork (e.g. on windows) must be touched up depending on the type of paint or varnish and weather conditions

Unless otherwise agreed, these work items do not fall within the scope of the order. Failure to perform maintenance work can significantly affect the lifespan and functionality of the components without entitling the Purchaser to compensation by the Contractor.

5.2 Products created using natural materials (solid wood, veneer) are subject to a reasonable amount of normal, insignificant deviations in their dimensions and appearance (color and texture), particularly in the case of repeat orders.

6. Payments
Payments by letter of exchange are allowed only by special agreement. Bills and checks are only accepted as an undertaking to pay, but not in lieu of payment. Exchange costs and transfer fees are payable by the Purchaser.

7. Offsetting against other undisputed or legally assessed claims is hereby expressly excluded.

8. Reservation of title
8.1 Delivered goods remain property of the Contractor until receipt of payment in full.

8.2 The Purchaser shall inform the Contractor immediately in writing in the event of seizure of the reserved goods and inform the pledgee of the reservation of title. The Purchaser is not entitled to sell, give away, pawn or submit to cession by security any of the goods supplied to him under reservation of title.

8.3 If goods have been delivered for a commercial pursuit carried on by the Purchaser, the items may be resold in the normal course of business. In this case, the demands of the Purchaser towards his customer for the resale of the reserved goods are ceded to the Contractor in the amount owed. Where the items are resold on credit, the Purchaser shall reserve title to the items towards his customer. The Purchaser hereby assigns to the Contractor the rights and claims accruing against his customer from such reservation of title.

8.4 Where reserved goods are incorporated as an integral part into the real property of the Purchaser, the Purchaser hereby already assigns to the Contractor the claims in the amount owed arising from sale of the real property or the rights thereto, together with all ancillary rights.

8.5 Where the reserved goods are incorporated as an integral part of the real property of the of a third party by or at the instruction of the Purchaser, the Purchaser hereby already assigns to the Contractor any claims in the amount owed towards this third party, together will all ancillary rights. If the Purchaser manufactures, combines or mixes the reserved property with other goods, the Contractor shall obtain co-ownership in the new goods in proportion to the amount owed for the reserved property to the value of the other goods.

9. The Contractor reserves all proprietary rights and copyrights for cost estimates, designs, drawings and calculations. They may not be used, reproduced or distributed to third parties without the Contractor's consent. They must be returned immediately if no order is placed.

10. Jurisdiction
If both contractual parties are merchants,  the business location of the Contractor shall be the exclusive place of jurisdiction.