General Terms and Conditions of AHS-Building GmbH
I. Areas of application
The following conditions apply to all supply and assembly contracts concluded with AHS-Building GmbH, including all advance services. Conflicting terms and conditions of the client are not recognised. An exception requires the express written confirmation of the contractor.
II. Order conditions
- Our offers are subject to change without notice, unless a deadline is noted on the offer.
- Orders shall be deemed to have been placed when the legal requirements have been fulfilled.
- All prices are quoted ex works net, excluding packaging, freight, postage, insurance and other shipping costs, unless otherwise agreed. The statutory value added tax shall be calculated and shown separately at the time the service is rendered.
- In the case of contracts with a delivery period of more than four months, we reserve the right to increase prices appropriately in the event of an above-average rise in production costs.
IV. Terms of payment
- Payment (net price plus VAT) must be made within 20 calendar days of the invoice date without deduction.
- Repair and spare part invoices are payable immediately without deduction.
- There is no right to offset counterclaims or retentions even in the case of a notification of defects. This does not apply to claims that are undisputed or legally binding.Repair and spare part invoices are payable immediately without deduction.
- In case of delay of payment, the company AHS – Building GmbH is entitled to demand prepayment or to withdraw from the delivery contract. All further delivery obligations are then no longer valid. In addition, the contractor reserves the right to charge all costs already incurred and default interest. Default interest shall be charged at 5% p.a. above the base rate. Its interest shall be set higher or lower if the company AHS – Building GmbH proves a burden with a higher interest rate or the contractual partner of the company AHS – Building GmbH proves a lower burden.
V. Packaging and shipment
- The choice of packaging (boxes, crates etc.) is made by the company AHS – Building GmbH according to expediency and will be charged at cost price. Unless otherwise agreed, the mode of shipping as well as the forwarding agent or carrier shall also be determined by the contractor.
- Delivery is ex works at the recipient’s risk.
VI. Delivery date and periods
- Delivery dates are only binding if they are confirmed by us.
- The delivery period begins with the final determination of all commercial and technical prerequisites for the execution of the plant or the delivery items.
- The delivery period shall be extended accordingly in the event of unforeseeable hindrances or obstacles for which we are not responsible, insofar as these can be proven to have a considerable influence on the completion or delivery of the delivery item. The supplier must inform the customer of such obstacles.
- In the event of strikes or lock-outs requested by the employers’ professional association – also at suppliers – an appropriate extension of the deadline also occurs.
- A precondition for the assembly or installation is that the preparatory work has progressed to such an extent that the installation can be carried out without hindrance.
- The client is obliged to ensure the safety of the workplace and the observance of existing safety regulations as well as appropriate working conditions. In addition, the client is obliged to provide technical assistance at his own expense. Specifically, this concerns the trafficability of the construction site, the accessibility and freedom of movement of the installation site, the positioning of a power connection (400 / 230 V) at a max. distance of 25 m and the short-term provision of forklifts and lifting gear.
VIII. Hand-over and approval
- Upon acceptance and hand-over, the price and performance risk/title shall pass to the customer. The approval and hand-over of the deliveries or services must be carried out immediately after the staff authorised to do so by the customer has communicated the completion. This also applies to partial services or partial deliveries.
- If the delivery has already been put into operation in whole or in part, a hand-over or approval shall be deemed to have taken place after 7 calendar days have elapsed, unless the customer has lodged a notice of defects.
- The company AHS – Building GmbH is liable for the faultless quality and functioning of the material to be delivered.
- Excluded from the warranty are damages due to natural wear and tear, incorrect or negligent handling, excessive strain, unsuitable operating materials or other natural influences. This also applies to improper assembly or commissioning by the customer or third parties.
- AHS-Building GmbH will carry out repairs at its discretion by supplying new parts or repairing the corresponding parts within a reasonable period of time. Replaced parts become the property of AHS-Building GmbH.
- The company AHS-Building GmbH cannot be made liable for consequential damages caused by a defect. This does not apply to consequential damages due to a defect caused by the lack of a property/quality assured by AHS-Building GmbH.
- Replacement or repair of defective parts shall be free of charge if the cause is proven to be due to quality defects of the material, faulty workmanship or construction faults of AHS-Building GmbH. If the repair or remedy had become necessary due to the fault of a pre-supplier, the customer can also demand the assignment of the recourse claims of the company AHS-Building GmbH against the pre-supplier.
- The warranty and guarantees specified in each case shall be granted for total services rendered by the contractor from the date of delivery or hand-over. The warranty period for replaced parts is valid until expiry of the original warranty period, but be at least 3 months.
X. Compensation for damages
The liability of AHS-Building GmbH is exclusively based on these Terms and Conditions. All claims not expressly accorded herein, including claims for damages on whatever legal grounds, are excluded, unless they are based on an intentional or grossly negligent breach of contract by the contractor, by a legal representative or vicarious agent.
XI. Reservation of ownership and rights
- The delivered goods remain the property of AHS-Building GmbH until full payment has been received.
- Any pledging or transfer by way of security of these goods in favour of third parties is not permitted without the consent of AHS-Building GmbH and must be reported to the contractor immediately.
- This also applies to sketches, work and planning aids, samples and viewing material provided.
- Sketches/illustrations, cost estimates and installation proposals – even extracts – may neither be copied nor shared with third parties or companies without permission.
- All data of the order relationship arising within the framework of the contract will be stored.
XII. Court of jurisdiction
The place of performance is Westerheim, the court of jurisdiction is Memmingen.