Creation of the contractual relationship

1. Scope

1.1

All services and offers from the contractor are provided exclusively on the basis of these general terms and conditions.

These are part of all contracts that the contractor concludes with his contractual partners regarding the services he offers. They also apply to all future services or offers to the client, even if they are not separately agreed again.

1.2

Terms and conditions of the client or third parties do not apply, even if the contractor does not specifically object to their validity in individual cases. Even if the contractor refers to a letter that contains or refers to the terms and conditions of the client or a third party, this does not constitute agreement with the validity of those terms and conditions.

2. Offer and conclusion of contract

2.1

The contractor's offers are subject to change and non-binding.

Conclusions and agreements, written or oral, only become binding when the contractor confirms the order in writing or when the service is provided.

2.2

The written contract, including these general delivery conditions, is the only decisive factor for the legal relationship between the contractor and the client. This fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Oral promises made by the contractor before the conclusion of this contract are legally non-binding and oral agreements between the contracting parties are replaced by the written contract unless they expressly state that they continue to be binding.

I. Content of the contract.

3. Prices, price changes, scope of services

3.1

Unless otherwise agreed in writing, prices quoted by the contractor apply to the scope of services listed in the order confirmation.

3.2

All prices are adjusted to current economic conditions.

If the execution of the order placed is delayed by more than 5 months than stated in the contract, the contractor reserves the right to make price adjustments.

3.3

If no price for the service provided is stated when the contract is concluded, billing will be based on the contractor's list prices valid on the day.

Both contractual partners agree that in the event of collective wage increases, the prices will be adjusted with effect from the time of the collective bargaining changes.

3.4

Cost estimates are non-binding.

3.5

All of the contractor’s prices are exclusive of VAT

3.

Orders that are not canceled at least 5 days before our service is carried out will be invoiced at 100 percent; we also reserve the right to invoice additional costs incurred.

4. Performance

4.1

The contractor must carry out the contractually agreed service professionally. Cleaning work is generally only carried out on working days. Changes must be agreed in writing.

Work on public holidays, if permitted, may be charged separately.

5. Acceptance, payment

5.1

After completion of the work, senior personnel or personnel authorized to accept the work must be present.

Reports of defects that are stated or displayed after the acceptance protocol has been signed will no longer be accepted.

Downtimes that arise through the fault of the client will be charged at €90.00 per hour or part thereof.

Losses or lost orders resulting from the client’s misconduct will be invoiced separately.

5.2

Unless otherwise agreed, the contractor's invoices are due immediately.

If costs and interest arise due to late payment, the contractor is entitled to offset the payment first against the costs, then against the interest and finally against the main service.

5.4

Reminders will be charged to the client at 5 euros per reminder. If the client defaults on payment, the contractor is entitled to charge interest from that point in time in accordance with Section 288 of the German Civil Code (BGB).

If the contractor becomes aware of circumstances that call the client's creditworthiness into question, or if the client is in arrears with any payment obligations to the contractor for more than 10 days, all existing claims will become due immediately.

5.5

If the contractual relationship is terminated, the contractor is entitled to immediately invoice the services owed up to the end of the contract. In such a case, the client is obliged to pay in advance.

6. Performance time

6.1

Execution deadlines must be in writing. Unless they were expressly agreed upon and designated as such, they are considered approximate and non-binding.

6.2

Services before the end of the service date are permitted. In addition, the contractor is entitled to change the execution of the order, taking into account the interests of the client, if technical, economic or administrative requirements make this appear unavoidable.

II. Consequences of breaches of duty.

7. Disclaimer or limitation of liability

7.1

The liability of the contractor, its legal representatives and employees, regardless of the legal basis, is excluded for all damages.

Assumption of liability only applies to damage caused intentionally or through gross negligence; the client's obligation to provide proof applies here.

7.2

Any liability on the part of the contractor is excluded if the damage was caused on the instructions of the client or its employees.

Any unforeseeable damage is not eligible for compensation. In particular, the contractor is not liable for indirect damage, consequential damage or loss of profit.

7.3

The client is obliged to assert liability claims immediately in writing.

8. Delay, warranty, notice of defects, statute of limitations, force majeure

8.1

The due date of the individual payments or installments also constitutes the default, without the need for a reminder.

In addition, the client is in default due to the contractor's reminder. The amount of default interest depends on the applicable legal provisions.

8.2

Failure to comply with the payment conditions or circumstances that are likely to reduce the client's creditworthiness entitle the contractor to make all of his claims against the client due immediately, to only provide outstanding services against advance payment and to withdraw from the contract after a reasonable grace period and to pay the damage to invoice.

8.3

The contractor has the right to fulfill the warranty obligation after fulfillment or replacement delivery.

8.4

Impairments to the visual appearance only constitute a defect if a specific appearance has been agreed in writing. If a complaint about defects is justified, the contractor is entitled, at his discretion, to carry out subsequent performance or to reduce the remuneration appropriately. If the supplementary performance fails, is refused or is unreasonable for the client, the client reserves his right to a reduction in remuneration, to compensation and to withdrawal in the cases required by law. The right of withdrawal is also excluded if a construction work is the subject of liability for defects. Claims due to defects expire one year after acceptance, unless defects have been fraudulently concealed.

8.5

Warranty claims against the contractor cannot be assigned.

8.6

Warranty claims are void if

a) the client refuses to allow the contractor to carry out repair work.

b) the client repairs alleged defects himself or has them repaired by third parties without the contractor's written consent - in urgent cases, by telephone.

c) the objects whose processing is complained about were put into operation before an inspection by the contractor.

d) the defect is due to the instructions of the client or the work equipment provided by the client (cleaning materials, equipment, etc.).

III. General Provisions

9.1

The contractor is entitled to use other companies to fulfill its obligations.

9.2

Interruption of cleaning

In the event of war or strikes and in the event of unrest or other cases of force majeure, the contractor may interrupt the cleaning service or adapt it accordingly if it becomes impossible. In the event of an interruption, the contractor is obliged to reduce the remuneration in accordance with the wages saved for the period of the interruption.

9.4

Non-payment of the fee

In the event of late payment, the contractor's cleaning obligations and liability are suspended, without the client being released from the obligation to pay for the contract period or the contract at all. If the client defaults on accepting the agreed service, the contractor can demand compensation for non-performance if the legal requirements are met.

However, the contractor is free not to specify the amount of the claim in detail and instead to claim 30% of the hourly rate as compensation for non-fulfillment for each hour of cleaning not carried out. The client has the right to prove that the contractor did not suffer any damage or only suffered a lesser amount of damage as a result of the delay in acceptance.

9.5

Legal succession

If the client dies or the company is transferred, the legal successor enters into the contract, unless the subject matter of the contract was primarily based on the personal interests of the client. The contract is not affected by death, other legal succession or legal changes in the contractor's area.

9.6

Place of jurisdiction: Kühbach.