Imprint and Terms
imprint
According to § 5 TMG:
Represented by the owner: Julian Endrulat
Contact:
Discherie "Hoff" Endrulat
Julian Endrulat
Steffensstrasse 17
25761 Österdeichsrtich
Germany
Phone: 04834 965 1143
Mobile: 0176 76864485
Email: Julian@discherie-hoff-endrulat.de
Sales tax identification number according to §27 a sales tax law:
16/117/02728
Member of the Tischlerinnung Dithmarschen and the Handwerkskammer Flensburg
competent Chamber of Crafts
Chamber of Crafts Flensburg
Johanniskirchhoff 1
24937 Flensburg
Public liability insurance
Scope Germany
Itzehoer insurance
Itzehoer place
25521 Itzehoe
General Terms and Conditions
(As of 12.04.2019)
1. Basics
German law applies. We expressly disagree with our general terms and conditions of the customer or supplier. For conditions according to VOB / A or VOL / A the GTC do not apply. The terms and conditions apply regardless of whether we as a client or contractor become a party.
2. Other works and supplies
2.1. Order acceptance.
Until the order is accepted, all our offers are non-binding. If the order of the client deviates from our offer, then a contract in this case comes about only with our confirmation.
2.2. Delivery delay.
If the performance owed by us is delayed by force majeure, legal strike, fault on our part or by one of our suppliers as well as unfavorable weather conditions, the agreed delivery time will be extended by the duration of the delay. If the delay lasts unreasonably long, then each contractual part can withdraw without replacement from the contract. If we are unable to deliver on the agreed date due to circumstances for which the client is responsible, the risk shall pass to the customer at the time at which he received notification of our readiness to deliver. Storage costs are borne by the client. We reserve the right to assert additional delay costs.
2.3. Complaint.
Obvious defects of our service must be reported by the entrepreneur within two weeks after delivery of the goods or upon acceptance of the service in text form. After this period, claims for defects due to obvious defects can no longer be asserted. The further regulations with the commercial purchase remain untouched.
2.4. Lack limitation.
For contracts with entrepreneurs, which do not affect construction work, we provide a warranty of one year for defects. If we carry out repair work that does not constitute construction work, the statute of limitations of the one-year warranty applies irrespective of the person of the contracting party. The provisions of this paragraph shall not apply if intent or gross negligence is present or claims are asserted due to injury to life, limb or health or if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the delivery item.
2.5. Implementation of the warranty.
In the case of legitimate complaints, we have the choice of either repairing the defective delivery items or of providing replacement to the customer against return of the objectionable item. As long as we comply with our obligations to remedy the deficiencies, the client does not have the right to demand reduction of the remuneration or cancellation of the contract, unless a failure of the rectification is present. If a repair or replacement delivery is impossible, if it fails or if it is refused, the client may, at its discretion, demand a corresponding price reduction or cancellation of the contract. Sentence 1 does not apply to consumer transactions regarding the purchase of movable property.
2.6. Removal and installation costs.
The legal regulation in purchase contract law applies without restriction for the assertion of removal and installation costs.
2.7. Delivery.
When delivering, we assume that our vehicle can be unloaded directly at the building. Additional costs, which are caused by further transport routes or because of difficult delivery from the vehicle to the building, will be charged separately. For transports beyond the second floor mechanical means of transport have to be provided by the client. Stairs and walkways must be passable and protected against damage. If the execution of our work or persons commissioned by us is hindered by circumstances for which the client is responsible, we shall charge the corresponding costs (eg working hours and travel costs).
2.8. Down payment.
If no individual payment plan has been agreed, we can demand a partial payment for part of the value of the service rendered.
3. Formal acceptance
If a formal acceptance is provided for by contract, the acceptance effect will also be effective if we have once requested the client in vain and in a reasonable manner to carry out the acceptance. The acceptance effect occurs twelve working days after receipt of the request.
4. Lump-sum compensation
If the client terminates the contract according to § 649 BGB (German Civil Code), we are entitled to demand 10% of the compensation for the not yet performed part of the work performance as compensation for damages. With appropriate proof, we can also claim a higher amount. The client expressly reserves the right to prove that no or minor damage has arisen.
5. Maintenance, inspection and care instructions
5.1. We would like to point out that our clients should pay particular attention to the preservation of value and the lasting functioning of our products and work:
Fittings and common components are to be checked and possibly oiled or greased,
Sealing joints must be checked regularly
Paintings inside and outside (eg windows, floors, stairs) should be treated according to varnish or glaze type and weather influences and use.
This work is not part of our scope of contract, unless otherwise expressly agreed. Failure to perform any maintenance work may affect the service life and functionality of the components without incurring warranty claims against us.
5.2. Insignificant, reasonable deviations in the dimensions and designs (color and structure), in particular for reorders, remain reserved, as far as they are in the nature of the materials used (solid woods, veneers, leather, fabrics and the like) and are common.
5.3. The professional installation of modern windows, exterior doors as well as light and sun protection systems improves the energy quality of the building and makes the building envelope denser. In order to maintain the indoor air quality and to prevent the formation of mold, additional requirements for ventilation of the building according to DIN 1946-6 must be met. A possibly necessary ventilation concept is a planning task, which is not the subject of our order and must always be arranged by the client / client.
5.4. The client has to ensure the protection and preservation of the delivered components (eg windows, stairs, parquet) for suitable climatic conditions (humidity, temperature).
6. Offsetting
This is excluded with claims other than undisputed or legally binding.
7. Retention of title
7.1. Delivered items remain our property until full payment of the fee.
7.2. The client is obligated to immediately notify us in writing of attachments to the reserved property and to inform the pledgee of the retention of title. The client is not entitled to sell, give away, pledge or assign for security purposes the items delivered under retention of title.
7.3. If the delivery is made for a business operation maintained by the customer, the goods may be resold as part of proper business management. In this case, the claims of the client against the buyer from the sale are already assigned to us in the amount of the invoice value of the delivered conditional object. In the case of resale of the objects on credit, the client has to reserve the property vis-à-vis his buyer. The customer hereby assigns to us the rights and claims from this reservation of title to his customer.
7.4. If retention of title objects are incorporated as essential components into the customer's property, the customer hereby assigns to us the claims arising from a sale of the property or property rights in the amount of the invoice value of the reserved property with all ancillary rights.
7.5. If the retention of title objects are incorporated by the client or on behalf of the client as essential components in the property of a third party, the client hereby assigns to the third party or the related claims for compensation in the amount of the invoice value of the reserved property with all Ancillary rights to us. In the case of processing, combining and mixing of the reserved property with other objects by the client, we are entitled to co-ownership of the new property in proportion of the invoice value of the reserved property to the value of the remaining objects.
8. Property and copyright
We reserve the right of ownership and copyright to cost estimates, designs, drawings and calculations. They may not be used, reproduced or made accessible to third parties without our consent. Should I incur disadvantages through abuse, I am entitled to demand damages.
9. Dispute resolution
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
10. Jurisdiction
If both parties are merchants, the exclusive place of jurisdiction is the place of business of our company.