Our general terms and conditions (11/2011)
These terms and conditions govern the contractual relationship between HERDEGEN Glass- and Industrial Cleaning Services, Rosenfelder Str. 15-16, D-10315 Berlin (in the following referred to as contractor) and the customer.
§ 1 General - Scope
1. The terms and conditions apply to all current and future business relationships with companies within the meaning of § 14 of the German Civil Code (BGB), legal entities and special funds under public-law.
2. Different or additional terms and conditions even if acknowledged are only included if agreed to explicitly.
§ 2 Nature, extent, duration of assignment
1. Agreements between the customer and the contractor shall be binding if the customer signs an offer / an assignment that contains these conditions. The same applies if the customer has received the written confirmation of assignment before the start of works.
2. The services will be carried out as agreed in the offer / assignment. Assignment changes or extensions are valid only if the type and extent of work is provided in writing by authorized persons. In exceptional cases this may be done verbally.
§ 3 Acceptance and Warranty
1. For recurring services the contractor's services are considered to be met and fulfilled as per assignment provided the customer does not immediately demur in writing - at the latest when it is used. Time, location, nature and extent of the defect have to be described accurately.
2. For non-recurring services, acceptance occurs no later than three days after written notification of completion by the contractor. In case the customer does not indicate his acceptance, the service shall be considered to be accepted. Failure to attend an acceptance appointment by the contractor means that the job has not been accepted by the customer.
3. Should the customer legitimately object to a particular deficiency in the contractually specified service, then the Contractor is obliged to mend it. Any defects and damages caused by the fact that the customer has not transmitted important information related to type and nature of the surfaces and objects to be cleaned, no guarantee is given. The same applies if the customer does not make adequate provision for the accessibility or availability of the surfaces to be cleaned.
4. If the defect cannot be remedied or if a further attempt for repair is not reasonable for the customer, the customer can demand a price reduction or cancellation of contract instead of the repair. In case of a minor breach of contract, especially with only minor defects, the customer is not entitled to terminate the contract.
5. Compensation can only be sought for intended and gross negligence. The obligation for compensation is limited to the typically foreseeable damage. For non-recurring services compensation is limited to the amount of the agreed fee, for recurring services, to a two months remuneration.
6. Guarantee period is 12 months.
§ 4 Measurements
1. The basic measurements that provide a basis for billing are to be determined according to the guidelines for Allocation and Billing of BIV for the Industrial Cleaning Trade.
2. If the client does not immediately object to the determined measurements then they are considered accepted.
3. Should one of the Parties note that the underlying measurements are incorrect, then jointly new dimensions are to be determined and that apply only for future billing only. Refunds or claims for past periods are excluded.
§ 5 Prices
The prices are quoted in reference to the tariff and legal and especially social security and tax law regulations, applicable at the time of placing the bid. In the case of amendments, prices are amended accordingly. Indicated prices are net prices exclusive of the respective value added tax (VAT).
§ 6 Security deposit
The customer's right to withhold security amounts for the completion of the contractual services or any warranty claims is excluded.
§ 7 Liability
1. For damages that are proven to be due to cleaning services, the Contractor is liable within the context of his liability insurance coverage. Upon the customer’s request proof of insurance should be shown. For damages that are not reported to the contractor immediately, liability is not applicable.
2. In case of injury of life, body or health, legal requirements apply.
§ 8 Payment terms
1. Invoices are 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.
§ 9 Jurisdiction
The place of jurisdiction is exclusively the seat of the contractor.
§ 10 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.
§ 11 Data Storage
It should be noted that data necessary for business will be electronically saved and managed, as far as permissible under the Federal Data Protection Act (BDSG § 26).
§ 12 Final provisions
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 -