Our General Terms and Conditions
1.1. All deliveries and offers of the contractor are made exclusively on the basis of the following terms of delivery.
1.2. These conditions apply to all legal transactions with our clients. Deviating conditions of the customer are ineffective, if our conditions are not contradicted immediately after the sending of the order conditions. In any case, the following terms and conditions are accepted upon acceptance of our delivery and service, even if they consist only of partial services. Amendments to these General Terms and Conditions become effective 14 days after receipt of the notification of amendment, unless the customer objects to the respective amendments no later than 14 days after receipt.
1.3. All orders and ancillary agreements to these conditions require written confirmation by the contractor; this also applies to the cancellation of the agreed written form requirement. This shall also apply to changes to the content of an already existing (effective) contract.
2.1. By this contract the client transfers the execution of the property management, caretaker and cleaning work and/or the work specified in the order to the contractor. The contractor undertakes to perform the work properly and professionally.
2.2. The contractor shall provide the personnel required to carry out the work. He undertakes to check the reliability of the personnel as far as possible. The contracting parties undertake to refrain from any kind of enticement of employees of the other for the duration of this contract or to carry it out only with the other’s consent, which must be obtained beforehand.
2.3. The contractor is responsible for ensuring that the fulfilment of the order is not impaired by illness, holidays or other absences of his personnel, insofar as these are not attributable to strike or force majeure. If necessary, he shall provide replacement personnel without this increasing the agreed remuneration.
2.4. Persons or their relatives whom the contractor has not instructed to perform or supervise may not enter the service area.
2.5. Unless otherwise agreed, the contractor shall provide all equipment and cleaning materials required for the provision of the service. He is obliged to use only faultless products which prevent damage to the objects to be cleaned. To the extent necessary, the Customer shall make available free of charge water, electricity, lockable storage facilities and rooms for the stay of the Contractor’s employees for the performance of the services.
2.6. The persons entrusted with the performance or supervision are prohibited from inspecting documents, files or other records of the client. In the event of infringements, the consultant may, at the request of the contracting authority, no longer assign the persons concerned to them.
2.7. Should the Customer fail to meet its obligations to create the necessary conditions for the Contractor to perform the agreed service (e.g. free access to the premises as per contract etc.), the Contractor shall be entitled to reimbursement of expenses in the amount of 25% of the average monthly fee for the last 3 months plus travel costs.
2.8. The Contractor shall observe the accident prevention regulations of the Employer’s Liability Insurance Association and the house rules and/or the operating rules of the Customer.
2.9. The Contractor’s personnel shall be obliged to immediately notify the Contractor of all defects and damages in the rooms, furnishings and other objects to be processed that are discovered in the service area.
2.10. The contractor shall be entitled to commission a subcontractor to carry out the work. In this case, the contractor shall assume the same rights and obligations as if he were performing the contract himself.
3.1. Payment of the invoice must be made by the client within 7 days of receipt of the invoice.
3.2. If the payment deadline is exceeded, the Contractor shall be entitled to pay interest on the Customer’s debt during the default period at 8 percentage points above the base interest rate in accordance with § 1 of the Discount Rate Transition Act of 9 June 1998. The right to claim further damages is expressly reserved.
3.3. Payments shall only be made directly to the bank accounts indicated in the invoices of the Contractor. The Contractor’s staff shall not be entitled to accept payment or other dispositions without a written power of attorney.
4.1. Additional work will be charged according to the agreed hourly rates or after consultation with the customer in accordance with the acknowledged order slip or time sheet. Overtime and overtime work on Sundays and public holidays may only be performed at the special request of the Customer after consultation with the Contractor. If such work is requested by the contractor, it shall be subject to valid surcharges in full on the total remuneration in accordance with the respective wage and framework collective agreement, unless contractually agreed in advance. In the event of several surcharges coinciding, all percentages of the wage share of the unit price shall be paid.
5.1. Complaints about the services must be made by the customer in writing immediately, at the latest however by the end of the second day after the service has been rendered, after the customer has become aware of this.
5.2. In the event of a justified notice of defect, the contractor shall be obliged to remedy the defect. If this does not lead to success, the customer can demand a proportional reduction of the remuneration. This shall not apply if the defect is attributable to the risk area of the customer which cannot lead to the success of a subsequent improvement.
5.3. All warranty claims of the Principal shall lapse if the Contractor is not notified of the defects in accordance with Section 5.1 or if the performance of remedial work is not made possible or if the Principal remedies defects himself or has them remedied by third parties without the written consent of the Contractor, unless a remedial work by the Contractor has failed beforehand.
6.1. Unless otherwise agreed, the contract is concluded for a fixed period of one year from the date of commencement of the activity. It is automatically extended for a further year if it is not terminated in writing at least 3 months before the end of each contract year. This does not depend on the dispatch of the notice of termination, but on its receipt by the contractor. This agreement does not apply to one-off payments.
6.2. Both contracting parties may terminate the contract without observing a period of notice if the main contractual obligations have been intentionally breached. Notice of termination must be given by registered letter.
6.3. The non-execution of services due to force majeure or strike is not a reason for termination of the contract without notice. In the event of a strike at the client’s premises, the latter must continue to pay the agreed remuneration.
6.4. If the Customer is in default with the payment of the fee for at least two consecutive dates or a not inconsiderable part of the fee or if the outstanding amount reaches the fee for two dates, the Contractor shall be entitled to immediately cease performance of the service and to terminate it without notice. The outstanding remuneration accrued up to then shall become due immediately.
6.5. Both contracting parties undertake to return at the latest at the end of the contract the documents, drawings, plans, calculations, time sheets or other documents belonging to the other contracting party which concern business or operational occurrences, processes or results, without having made a copy or photocopy thereof. Furthermore, the contracting parties or companies in business relations with them undertake to maintain extensive secrecy. This applies during the term of the contract as well as after its termination.
6.6. The Contractor shall take out liability insurance with the following coverage amounts: 1,600,000.00 EUR lump sum for personal injury and property damage 500,000.00 EUR for financial loss.
7.1. The passing on of design and execution drawings is not permitted without our express written permission. Project drawings and general illustrations are not binding for the equipment. The drawings must be checked by the customer for their conformity with the actual structural conditions; any deviations must be reported immediately, otherwise any additional costs incurred must be borne by the customer. The documents belonging to the order, such as illustrations, drawings and details, are only approximate unless they are expressly designated as binding. All drawings and cost estimates remain our property and must be returned to us unsolicited if an order is not placed. Planning and design drawings are in any case our intellectual property, which may not be further used without our express written consent. With the passing on of these drafts and texts, no matter in which form, to competitors or other third parties, you grant us the right to the calculation according to HOAI for production of the drawings and the tender text.
8.1. The brokerage fee for the proof or the mediation of the conclusion of a purchase contract or the letting of the proven object is 5% of the notarised purchase price or 3 net monthly rents plus the legally valid VAT on the brokerage fee. The brokerage fee is earned and due upon conclusion of the contract (e.g. rental, purchase or lease agreement).
8.2. With acceptance of our offer the object is proven. Knowledge of the sale/letting or leasing of the object of the current owner/landlord cannot be invoked if this is not proven to us in writing within 5 days. In the absence of such proof, it shall be acknowledged that our offer is the cause of further negotiations. Co-responsibility is sufficient for the brokerage fee claim. The brokerage fee shall also be payable in the event that a contract other than the one offered is concluded while retaining the identity of the contents. The obligation to pay the agreed remuneration shall also apply in the event of a difference between the properties (conclusion of a contract for another property belonging to the owner) and in the event of a replacement transaction (rental instead of purchase or purchase instead of rental), as the interested party only became aware of the existence of the seller, landlord or lessor through our offer and would not have been able to conclude a contract without the broker’s offer. The commission claim exists in the case of heritable building right instead of purchase as well as in the case of purchase by way of compulsory auction. Insignificant deviations of a factual, economic, financial or legal nature do not cause any damage and continue to justify the agreed brokerage fee claim.
8.3. Furthermore, no further contract is required for the due date of the brokerage fee for the acquisition, rental or leasing of the proven object which is the property of the seller, landlord or lessor.
8.4. In negotiations, the interested party is obliged to name us as the causal agent and to consult us for the conclusion of the contract as well as to provide us with copies of concluded contracts. The recipient of the offer must inform the broker immediately when and under what conditions a contract was concluded.
8.5. Our offers and messages are only intended for the recipient himself. They are to be treated confidentially and not made accessible to third parties. If a contract is concluded as a result of unauthorised disclosure, our client (recipient of our proof) shall be obliged to pay us damages in the amount of the total commission.
8.6. Brokerage also applies if a partner, relative or family member buys or rents, or if the negotiations take place on behalf of a company, business partner or franchisor.
8.7. The broker is dependent on the information regarding the property on the seller, landlord or lessor, developer, builder or other information or authorities and can therefore assume no liability for the accuracy and completeness of the information and he can not be liable for the credit rating. The broker’s offer is subject to change without notice, subject to prior sale, intermediate letting or intermediate leasing.
9.1. The Client undertakes to award to the Contractor all work which triggers a further order or a subsequent order and which is connected with the initial order. The Customer further undertakes to commission the Contractor for all further projects in so far as such work is of a type and scope that can be assigned to our field of activity. The customer is expressly prohibited from entering into business negotiations with the companies commissioned by us and working for the customer and their employees, insofar as this concerns the subject of the order and the work accompanying it.
10.1. If individual provisions of this contract should be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, however, the contracting parties undertake to replace an ineffective provision with an effective agreement which corresponds as closely as possible to the economic content of the ineffective provision and which otherwise does not contradict the contractual provisions.
11.1. Place of performance and jurisdiction for all obligations of the customer is the registered office of our company.
12.1. The data provided by the customer will be used in accordance with the provisions of the Federal Data Protection Act and all other relevant data protection regulations. The customer agrees to the use of the data.
13.1. Should any provision of these GTC be ineffective or unenforceable or become ineffective or unenforceable, the remaining provisions shall not be affected thereby. Équipe GmbH and the customer shall be obliged to replace an invalid or unenforceable provision with a provision that comes as close as possible to the meaning and purpose of the invalid or unenforceable provision in legal and economic terms. This shall apply mutatis mutandis to the filling of contractual gaps. In doing so, the sense and purpose of the order shall be taken into account.