Our general business conditions
1.1 All deliveries and offers of the contractor made solely on the basis of subsequent delivery .
1.2 These conditions apply to all transactions with our customers. Deviating conditions of the customer are ineffective if not immediately contradicted our conditions after sending the order conditions. In any case, the following conditions have been recognized with the adoption of our goods and services, even if they exist only in partial services.
1.3 All contracts and collateral agreements to these Terms and Conditions must be confirmed in writing by the Contractor, this shall also apply for the cancellation of the agreed written form requirement. This is also true when changes to the content of an existing (active) contract.
2. Subject of the contract
2.1. Through this agreement the client entrusts the contractor to carry out the property management, janitorial and cleaning work and the work specified in the contract. The Contractor agrees to perform the work properly and professionally.
2.2 . The contractor shall provide for the execution of the work necessary staff. He undertakes, so far as possible to check the personnel reliability. The contracting parties undertake to refrain from any kind of enticement of employees of the other during the term of this Agreement or with the consent of the other, which must be obtained in advance to perform.
2.3. The Contractor is responsible for ensuring that the fulfillment of the order, is not impaired by illness, vacation, or other failures of his staff, to the extent these are not due to strike or force majeure. It provides - if necessary - replacement staff, without creating increased the agreed remuneration.
2.4. Persons or their relatives, which has not been mandated by the performance or supervision of the Contractor, the power range may not enter.
2.5. The Contractor shall - unless otherwise agreed - all equipment and cleaning materials required for the performance of the service . He is obliged to use only flawless products that exclude damage to the objects to be cleaned. If required, the client must provide for the execution of the services water, electricity, lockable storage facilities and rooms for the stay of the workers of the contractor free of charge.
2.6. The persons charged with the performance or supervision , it is forbidden to inspect documents, records or other documents of the client . In case of violation , the contractor requested by the principal must not use these the persons concerned .
2.7. If the client its obligations to create the necessary conditions for the contractor to provide the agreed service (eg free access to the premises as per contract, etc.) do not provide the contractor has an expense reimbursement in the amount of 25% of the average of the last 3 months corresponding monthly salary plus arrival and departure cost .
2.8. By the contractor, the accident prevention regulations of the trade association and the house rules or the rules of procedure of the client must be observed.
2.9. The staff of the contractor is obliged to treat all detected in the power range defects and damage in the premises, to be processed at the furnishings and other objects that must be reported immediately .
2.10. The contractor is entitled to entrust the execution of a subcontractor. In this case, the seller assumes the same rights and obligations as if he would execute the order itself.
3. terms of payment
3.1. The payment of the invoice shall be made by the client within 7 days of receipt.
3.2 . If the payment period, the contractor is entitled to the debt of the client during the delay of 8 percentage points above the base rate according to § 1 of the Discount Rate Transition Act of 09 June 1998 to pay interest. The assertion of further damages is reserved.
3.3. Payments shall be made only directly to the specified in the bills of the contractor's bank accounts. The staff of the contractor shall not be entitled without the written power of attorney to receive the payment or other dispositions .
More work will be charged at the respective agreed hourly rates or as agreed with the client in accordance with receipted order form or timesheet. Overtime and extra work on Sundays and public holidays may be performed only on special arrangement of the principal after consultation with the contractor. If such work will require the contractor, they will be - unless already agreed upon contract - according to the wages and collective agreement applicable surcharges in full to the entire fee in the approach Housed. When they meet several supplements all applicable percentages are charged on the salary component of the unit price.
5. Warranty / Liability
5.1 Complaints on services are of the order without delay, but no later than the end of the second day after performance immediately, after its perusal.
5.2 In case of a justified complaint, the contractor is obliged to repair . If this is not successful , the client can demand a proportionate reduction of pay. This does not apply if the defect is attributable to the liability of the client that can not lead to success a rework .
5.3 . All warranty claims of the customer omitted if the deficiencies are not the Contractor in accordance with Clause 5.1. display or performance of repair work is not enabled or the client resolves defects without the written consent of the contractor himself or has remedied by third parties, unless previously a rework of the Contractor has failed.
5.4. The Contractor shall only stand for damages and consequential damages in tort from negligence of contract , arising from violations of contractual or legal obligations, impossibility of performance, or delay, provided that they are caused by intent or gross negligence of its legal representatives or its vicarious agents.
6. duration of contract
6.1 From the date of commencement of the activity is the contract - unless otherwise agreed - a fixed term of one year . He automatically extended for another year if he does not to is terminated in writing no later than 3 months before the end of each contract year. It does not depend on the dispatch of the notice of termination, but on the receipt by the contractor. This agreement does not apply to lump-sum benefits.
6.2 Either party may terminate the Agreement without notice terminate if was intentionally breached contractual duties . The notice shall be given by registered letter.
6.3. The non-performance of services as a result of force majeure or strike is not a cause for immediate termination of the contract. In the event of a strike at the client that has the agreed remuneration to be paid on.
6.4 If the customer upon payment of the consideration for at least two consecutive appointments or a significant proportion of pay in arrears or achieved the outstanding amount the fee for two dates, this entitles the seller to discontinue the execution of the service immediately and without notice to terminate. The hitherto incurred outstanding fee is due immediately.
6.5 Both Parties undertake to contract at the latest the end of each of the other contracting party associated documents , drawings, plans , calculations, timesheets or other documentation which relate to business or operational incidents, processes or results to return without having created thereof a copy or photocopy. Furthermore, the contractual partner or with these standing and seasoned business relations companies undertake to preserve umfängliches silence. This applies during the term of the contract and after its termination.
6.6. The Contractor shall take out liability insurance with the following amounts from: 1,600,000.00 EUR for bodily injury and property damage 500,000.00 EUR for financial losses.
7. Design and construction drawings
The dissemination of design and working drawings is not permitted without our express written permission. Project Drawings and general illustrations are not binding for the equipment. The drawings are to be checked by the customer on their conformity with the actual structural conditions, any exception must be notified immediately , otherwise any additional costs incurred by the client must be worn. The order-related documents, such as illustrations, drawings and details are approximate only, unless they are expressly designated as binding. All drawings and cost estimates remain our property and must be returned to us unsolicited in failure to reach a contract. Planning and design drawings are our intellectual property may not be used without our express written consent in each case. With the passing of these designs and texts, in any form, to competitors or other third parties, you grant us the right to calculate HOAI for preparation of the drawings and the call text .
8. mediation activity
8.1. The commission for the detection or placement of a purchase contract or the rental for the detected object is 5% of notarized purchase price or net 3 months' rent plus the legally applicable VAT. on the commission amount. The commission 's conclusion of the contract (eg, lease, purchase or lease) and due.
8.2. By accepting our range the object is detected. In regard to the sale / rental or lease of the property of the current owner / landlord can not avail himself if this is not evidenced in writing to us within 5 days. Failing proof is recognized that our offer is the cause for further negotiations. Contributory cause is sufficient for the commission claim. The commission is to be paid even in the event that, while maintaining the substantive identity of another is completed as the offered contract. The obligation to pay the agreed fee also applies to the case of object differences (conclusion of contract over another the owner belonging to object) and in the case of replacement transaction (renting instead of buying or buying instead of renting), since the prospective only through our offer of success has been obtained of the existence of the seller or landlord or lessor and without the offer of the agent no contract could have closed . The commission exists at ground lease instead of buying or acquisition by way of foreclosure. Minor deviations factual , economic, financial or legal reasons not hurt and continue the agreed commission claim.
8.3. Furthermore, it requires the maturity of the commission for the purchase, rental or land lease of the detected object, which is owned by the seller, landlord or lessor, any other contract.
8.4. The interested party shall cooperate in negotiations to call us acting as causal agents and to use us to conclude a contract and handing us copies of concluded contracts. The recipient of the offer has to make the broker immediately indication of when and under what conditions a contract was made.
8.5 . Our offers and communications are intended only for the recipient . They are confidential and not be made available to third parties. If the unauthorized disclosure of a contract is that if our client is obliged (recipient of our proof) to pay us damages in the amount of the total commission.
8.6. The broker has to rely on the information regarding the object to the seller, landlord or lessor, property developers, builders or other information officers or authorities and can therefore accept no liability for the correctness and completeness of the information and it can not be held liable for credit. The selection of the broker is subject to change, prior sale, intermediate rent, lease or the intermediate reserved.
9. Other duties of the authority
The client agrees to all of the work that trigger another job or a Nachauftrag and related to the first order in conjunction to provide the contractor. The Client further agrees to all other projects always to instruct the contractor to the extent it is work that can be allocated by type and extent our field of activity. It is prohibited from expressly to contact the appointed by us and make the contracting companies and their employees in business negotiations, so far as the contract and these ancillary activities.
10. Severability / changes
If any provision of this Agreement should be or become invalid , this shall not affect the validity of the remaining provisions. However, the contracting parties undertake to replace, in such a case, an ineffective provision by an effective agreement with its economic content of the invalid provision as far as possible and in Uuml; brigen the contractual provisions does not object.
11. Place of performance and jurisdiction
Place of performance and jurisdiction for all obligations of the customer is the seat of our company.