Terms and Conditions Winter Services
HERDEGEN Glass & Industrial Cleaning,
Rosenfelder Str. 15-16
§ 1 Scope
§ 2 Services
|§ 4 Liability, damages
1. The contractor is liable for damages that are clearly the result of winter service, if he or his staff have caused these intentionally or with gross negligence, in the context of his business liability insurance. For damages that the client does not report immediately in writing, liability no longer applies. For the negligence of the contractor, the client bears the burden of proof. If the liability is excluded or limited under this contract, this also applies to the employees, officers, employees, representatives and agents of the Contractor. In case of an injury of life, body or health, legal regulations apply.
2. For damages to legal assets of the client, damage to parts of the building and / or outdoor facilities, indemnification is limited to 50% of property-related seasonal fee - but should not exceed the current value.
3. For damages caused by storage or pushing together of snow, no liability is accepted.
4. All damages must be reported in writing within 8 days from the moment the damage is recognized. If the client fails to report the damage, then the claim for compensation is excluded.
5. The contractor shall not be liable for any damages that have occurred on already cleared areas, but subsequently used by third parties, such as children playing, parking and unparking of cars, somebody else’s snow clearance equipment, melt water, etc., as well as damages attributed to the behavior of the client, a third party, coincidence or act of God or the removal of grit material.
6. A liability for accidents on surfaces which are used as a route by vehicles (parking lots, driveways, courtyards, sidewalk crossings, etc.) is excluded, also liability for inclined surfaces, bumpy pavement, house niches, water leaks is excluded.
7. Damages that result from melt water are exempt from any liability.
8. Also excluded is liability for damage caused by removal equipment and litter material in traffic areas, manhole covers, green spaces and their enclosures etc., which are not clearly visible in snow, as well as frost damage. For damages resulting from litter material on building parts and green spaces such as corrosion, discoloration, stains or scratches in the rented properties through dragging, discolouration of lawns, etc., the contractor shall not be liable.
§ 5. Jurisdiction
Place of jurisdiction is exclusively the seat of the contractor.
§ 6. Compensation and lien
1. The client has the right for compensation only when counterclaims are adjudicated, undisputed or when they have been acknowledged in writing by the contractor.
2. A lien may only be exerted by the client if the claims arise from the same contractual relationship.
§ 7 Data Storage
It should be noted that business necessary data will be electronically saved and managed, as far as permissible under the Federal Data Protection Act (BDSG § 26).
§ 8 Final terms
1. The law of the Federal Republic of Germany applies.
2. If any term of this agreement is or becomes invalid, the validity of the contract will not affect the remainder hereof. The invalid terms shall be replaced by a regulation that comes closest to the will of the parties within the bounds of legal possibilities. The same applies in the event of a regulation loophole.
- End of Terms and Conditions -