Terms of Service

For all orders accepted by the contractor, the following terms and conditions as well as the additional terms and conditions for construction work (VOB, Part B, DIN 1961) in the version valid at the time the contract is concluded shall apply.
The terms and conditions and the VOB, Part B, take precedence over deviating purchase or similar conditions of the customer. In ongoing business relationships, they form the basis for all further business.


2. Offer documents

2.1 Offers are binding for a period of 24 working days from the date of the offer, unless otherwise specified.

2.2 The documents pertaining to the offer, such as illustrations, drawings, weight and dimensions, are only approximate unless they are expressly designated as binding.

2.3 All property rights and copyrights in the offer and all documents may not be passed on, published or reproduced or used for any other than the agreed purpose without the consent of the provider.

2.4 Official or other permits are to be obtained by the client at his own expense. The contractor must provide the client with the necessary documents for this.

2.5 All ancillary work (e.g. bricklaying, chiselling, plastering, carpentry, earthwork, electrical work, painting work) are not included in the offer, unless they are listed separately in items with quantity and costs. If they are carried out by the contractor, they are to be paid for separately.

2.6 Scaffolding, electricity and water connections are to be provided on site.

2.7 During the execution of the work, a lockable room must be made available on site for the storage of building materials and tools etc. and for the employees performing the work. Lines and furnishings go into the care of the client.

2.8 Assemblies that are carried out or repeated for reasons for which the contractor is not responsible are to be paid for separately.

3. Placing an order

Orders are only concluded after they have been placed in writing. This also applies to orders placed by representatives. Deviating confirmations are considered new offers. The written form requirement does not apply to subsequent side agreements, changes and additions to the order.

4. Prices

4.1 The prices are exclusive of the statutory value added tax, which must be shown separately.

4.2 The contractor is entitled, in the case of continuing obligations as well as agreements that
Delivery or service periods of more than 4 months after the conclusion of the contract contain negotiations on a price adjustment to demand if the following items experience an increase:
Prices for the total material required from the conclusion of the contract or wage and ancillary wage costs due to legal or tariff changes or value added tax.

4.3 For overtime, night, Sunday and public holiday hours demanded subsequently as well as work that is unforeseeable for the contractor under difficult conditions, collectively agreed surcharges and allowances will be charged.

4.4 In the event of a partial or complete dissolution of the contract (termination of the contract) by the
Client without good cause, the contractor can exercise the rights according to § 8 No. 1 Paragraph 2 VOB,
Part B, or a flat rate of 10% of the canceled order value, whereby the client is entitled to provide evidence of lower damage.

5. Payment

5.1 Section 16 VOB, Part B. applies to all payments.

5.2 Unless otherwise agreed, payments are to be made without any deduction.

6. Delivery time and assembly

6.1 If execution deadlines have not been agreed, work must begin immediately after the order has been confirmed, but no later than 12 working days after being requested by the client, provided that the client has provided the documents required in accordance with Section 2, an unimpeded start of assembly at the construction site is guaranteed and, if necessary agreed deposit has been received by the contractor.

6.2 If the start, continuation or completion of the work is delayed for reasons for which the client is responsible and if he does not immediately take remedial action at the request of the contractor, the contractor can claim damages in accordance with Section 6 No. 6 VOB, Part B, or if the contract is maintained set the client a reasonable deadline to fulfill the contract and declare that he will terminate the contract after the deadline has expired without result. In the event of termination, the contractor is entitled to reimbursement of the additional expenses that he had to make for the unsuccessful offer as well as for the storage and maintenance of the owed item, in addition to his previously incurred wages.

7. Acceptance and transfer of risk

7.1 With the acceptance the risk passes to the client. If the client is in default with the acceptance, the risk is transferred to him at the time of default. The same applies if assembly is interrupted for reasons for which the customer is responsible, and if the contractor has mutually transferred the services provided up to that point into the care of the customer.

7.2 We only manufacture products without CE marking, declaration of conformity, static calculation, operating instructions and / or. something similar. If there is a legal obligation for a product, this must be requested in writing when requesting an offer. The client can at any time, at his own expense, the necessary documents v. have the appropriate places manufactured.
A subsequent assumption of costs v. Contractor is excluded.

7.3 The object is to be accepted after completion of the services. This also applies to self-contained partial services.
Otherwise, Sections 7 and 12 of the VOB, Part B.

8. Warranty and Compensation

8.1 The assertion of obvious defects after acceptance is excluded. Defects that are not obvious must be reported within the relevant warranty period in accordance with Section 13 VOB, Part B.

8.2 Offsetting with claims other than undisputed or legally established are not permitted without prior mutual agreement.

8.3 Insignificant, reasonable deviations in the dimensions and designs, especially in the case of repeat orders, do not entitle to complaints, unless the observance of dimensions and color shades has been expressly agreed. Technical improvements and necessary technical changes are also deemed to be in accordance with the contract, provided they do not represent any deterioration in value.

8.4 In the event of cutting, welding, thawing and / or soldering work, the contractor must inform the client of the associated dangers. The client is obliged to make the contractor aware of any dangers (e.g. the risk of fire in rooms or materials) and to take all safety measures (e.g. setting up fire guards, fire extinguishing material, etc.).

8.5 Claims going beyond the foregoing, in particular for damages, contractual penalties or loss of profit, are excluded unless they are based on an intentional or grossly negligent breach of contract by the contractor or his legal representative or vicarious agent. In the event of damage to life, body or health, there is also liability for damage caused negligently. Claims for damages according to the law on liability for defective products (ProdHaftG) remain unaffected.

9. Retention of title

9.1 Delivered items (reserved items) remain the property of the contractor until all claims have been met in full.

9.2 The client is obliged to notify the contractor immediately in writing of any seizure of the reserved items and to inform the pledgee of the retention of title. The client is not entitled to sell, give away, pledge or assign as security the items delivered to him under retention of title.

9.3 If the delivery is made for a business operated by the client, the items may be resold within the framework of proper business management. In this case, the claims of the client against the buyer from the sale are already assigned to the contractor. If the items are resold on credit, the client must retain ownership of the goods to his customer. The client hereby assigns to the contractor the rights and claims arising from this retention of title against his customer.

9.4 If the reserved items are built into the property of a third party by the client or on behalf of the client as an essential component, the client already now asserts any claims for remuneration with all ancillary rights, including the granting, against the third party or the person concerned a security mortgage, to the contractor.

9.5 If reserved items are built into the customer's property as essential components, the customer hereby assigns to the contractor the claims arising from the sale of the property or property rights, including all ancillary rights. If the value of the securities existing for the contractor exceeds his claims not only temporarily by a total of more than 10%, the contractor is obliged to release securities of his choice at the request of the client.

9.6 If the client does not fulfill his obligations towards the contractor or does not fulfill his obligations punctually or if he interferes in an impermissible manner with the items delivered under retention of title, the contractor can, without prejudice to his right to fulfillment of the contract, demand the items to be returned, provided that one is for the client Fulfillment of his obligation has passed without success. If the client has fulfilled the contract, the contractor must return the items. The above regulation does not apply to installment transactions.

9.7 N.Baumann Industriemontagen retains all image rights of work performed, provided that these do not contradict the (personal rights).

10. Place of jurisdiction
If both contracting parties are entrepreneurs, the exclusive place of jurisdiction is the place of business of the contractor.

11. Legal Validity
If any of the aforementioned contractual provisions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective.

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