General Terms and Conditions
- The following conditions apply to all orders for services of all kinds, unless other conditions are expressly agreed in writing. The contractual relationship shall not be based on any deviating terms and conditions of purchase of the Client.
- The Contractor's offers and cost estimates shall be prepared conscientiously and as accurately as possible. However, they are subject to change and non-binding as long as they are not declared legally binding by written confirmation. The same shall also apply to price lists drawn up.
Orders placed verbally, by telephone, telex or telegraph shall only be executed at the risk of the Client. Damages and costs arising from incorrect, inaccurate or incomplete orders shall be borne by the Client and must be reimbursed by the Client to the Contractor. - The Contractor shall be entitled to withdraw from the complete fulfillment of the order at any time if it turns out that the order cannot be carried out in the intended manner or only at considerably higher costs than the agreed price. Before withdrawing from the contract, the Contractor must first submit an offer of change to the Client with reference to its right of withdrawal.
- The prices offered and confirmed by the Contractor are based on the cost ratios known at the time. If these cost ratios change in such a way that the calculation basis is decisively influenced as a result, the Contractor reserves the right to adjust the prices for such services that are to be performed later than 4 months after conclusion of the contract.
- The Contractor shall only be liable for defects in the Contractor's services to the extent that it owes reworking (rectification of defects) free of charge. However, the Client reserves the right to demand a reduction in payment or rescission of the contract if the rectification of defects fails.
All claims for damages that are not based on a grossly negligent breach of contract by the Contractor or its vicarious agents are excluded. - Payment is due after 14 days without any deduction. The due date for payment shall be the date of invoicing. Offsetting against other existing claims of the client is excluded. In the event of default in payment, the Contractor shall be entitled to charge interest on arrears at a rate of 4% above the respective discount rate of the Landeszentralbank, but at least 7%, plus the reminder costs incurred, unless the debtor can prove that the damage caused by his default is significantly lower. Checks and bills of exchange shall not be considered payment until they have been cashed.
- The credit check is carried out by R&V Allgemeine Versicherung AG. In the event of insufficient coverage, we reserve the right to unilaterally change the payment terms or cancel the order.
- The place of performance and jurisdiction for all claims and legal disputes arising from the contractual relationship, including actions on checks and bills of exchange, is Magdeburg, provided that the client is a registered trader within the meaning of the German Commercial Code (HGB), a legal entity under public law or the holder of a special fund under public law. This also applies to the dunning process. In the event of an assignment to a collection agency for the purpose of collection, the registered office of the collection agency shall be decisive.
- The possible invalidity of one or more conditions shall not affect the validity of the remaining conditions.