Terms and Conditions Winter Services

winter serviceHERDEGEN Glass & Industrial Cleaning,
Rosenfelder Str. 15-16
D-10315 Berlin

(10/2013)

§ 1 Scope
1. The terms and conditions apply to all current and future business relations with companies within the meaning of § 14 of the German Civil Code (BGB), legal entities and fund assets regulated by public law. 2. Different or additional regulations are only an integral part of the contract, if agreed in writing.

§ 2 Services
1. Unless otherwise agreed , a snow clearance season lasts from the 1st November of each year to the 31st March of the following year.

2. Start of operations is based on the weather conditions. When the snow depth is up to 10 cm, support within a 4 hour period after the start of precipitation can be expected, provided no other agreement has been made with the principal. The client has no influence on the working method, time and work performance of the winter clearance works. Snow clearance from sidewalks is done in accordance with legal provisions. House entrances, garbage bin access are usually cleaned to a width of 1m. The dimensions obtained by the contractor are to be inspected by the client before awarding the contract. In parking areas the extent of cleaning to be performed and the acceptance of liability requires a separate agreement.

3. Grit is utilised as well as a de-icing product authorized by law, and chosen by the contractor. The grit removal is carried out by the contractor at the end of the season. Separate split removal intervals are to be agreed with the appropriate contractor individually.

4. Possible removal of piled-up snow must be agreed on and is billed separately. Large amounts of snow decrease the available free area due to the increased snow storage area. The Contractor is not obligated to pile up snow that is higher than 80 cm.

5. In case of force majeure such as the collapse of private transport, extreme amounts of snow, snow drifts, prolonged freezing rain a timely clearance cannot be guaranteed. The assigned work will be carried out 4 hours after traffic is back to normal at the latest.

6. As far as a thaw service has been agreed upon, warning signs will be placed at appropriate locations by the contractor in case of roof avalanches or ice formations on the gutters.

7. The contractor is not obligated to remove the sources that lead to the deposits of ice, snow or other contaminants. This also applies to piled up snow and ice formations on roofs. The contractor is not obligated to remove snow and ice, which are not the result of direct precipitation (eg defective gutters, melt water, roof avalanches, icicles, road-clearing machines, etc.) and cannot be held liable.

8. The accessibility of the area to be cleaned must be guaranteed at all times. Cleaning will not occur if surfaces are not accessible or cluttered.

9. The Contractor is not obligated to remove grit material from the green spaces without prior agreement.

§ 3 Payment terms
1. All prices are net, payable without deduction within 10 days of receipt unless otherwise agreed. Discounts will not be accepted unless otherwise agreed.

2. Monthly payments are due at the latest on the last day of the current month unless otherwise agreed.

3. In case of delayed payment, an interest rate of 8% above the current prime rate according to § 247 of German Civil Code will be charged. The assertion of further damages caused by default will be left to the Contractor.

4. The claim for remuneration is independent of the extent of weather-related work. The claim is also fully valid in the event that the cleaning work does not happen due to circumstances that are not justifiable to the contractor.

§ 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 -

 

Contact

Opening Hours:

Monday to Friday

7.00am – 5.00pm

Emergency number for client:

+49 152 23654226

Membership

Gebäudereiniger Innung Berlin
Marzahn Hellersdorfer Wirtschaftskreis

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