General Terms and Conditions Ingenieurgesellschaft Fluchtmann mbH
(1) The following General Terms and Conditions apply exclusively to all our services. Deviating agreements shall only apply insofar as they have been expressly confirmed by us in writing.
(2) General terms and conditions of our contractual partner do not become part of the contract, even if we do not expressly contradict them, unless they are in accordance with our contractual conditions or are expressly confirmed by us in writing.
§2 Conclusion of contract
(1) All our offers are subject to confirmation unless expressly agreed otherwise. Calculation or clerical errors in offers, order confirmations and invoices which are obvious or known to the contractual partner shall not bind us. Unless expressly confirmed otherwise, dimensions and other data in our catalogues, brochures, advertising material and offers subject to confirmation are only approximate values and are not binding.
(2) We retain all copyrights to our catalogues, brochures, advertising literature as well as offers including attachments such as illustrations, drawings, calculations etc.. Reproductions of any kind, passing on to third parties, publication and changes are not permitted without our express consent.
(3) Subsequent extensions or other changes to an order are only valid if they have been confirmed by us in writing.
§3 Prices, terms of payment
(1) Our prices apply only to the services listed in our offer and are exclusive of the value added tax applicable at the time of performance of the services.
(2) Invoice amounts are due for payment without deduction within 10 days of the invoice date. If the debtor is in arrears with a payment, we are entitled to charge a fee of 10.00 euros for each reminder.
(3) In the event of deviations between the planning documents and those of the calculation documents or contract conclusion documents, a new price and date determination shall
(3) In the event of deviations from the planning documents or the calculation documents or the contract documents, new prices and deadlines shall be determined by means of supplements, which shall then become the binding basis for performance with access.
(4) The legal basis for determining our fees is derived from the HOAI. Deviations from this are only permissible under certain conditions!
(5) Even in the case of supplements and changes to the calculation documents, the HOAI is the basis for the assessment, unless expressly agreed otherwise in writing.
§4 Security deposit
(1) If the contract sum is more than 10,000.00 Euros, the client must, on request, provide security for our claims arising from the contract in the amount of the contract sum less any advance or partial payments already made. The security can be provided by the guarantee of a major German bank or savings bank.
§5 Retention of title
(1) All illustrations, drawings, documentation, calculations and other services prepared by us shall remain our property until payment has been made in full. This retention of title shall apply until all our claims arising from legal transactions with the respective client, which had already arisen at the time of conclusion of the contract, have been settled in full.
(2) If items that are our property are seized from the client, the client must notify us of this immediately. The principal shall be obliged to reimburse us for any intervention costs, insofar as the intervention was successful and execution has been unsuccessfully attempted against the defendant as debtor for costs.
(1) All copyrights to the illustrations, drawings, documentation, calculations and other works created by us shall remain with us, unless expressly agreed otherwise in the contract. Duplications of any kind, the passing on to third parties, the publication as well as changes are only permitted with our express consent.
(1) Delivery dates or completion deadlines are only binding insofar as they have been confirmed by us in writing. If a delivery date or completion deadline is exceeded, the client must set a grace period of at least three weeks, unless a longer period is appropriate in view of the type and scope of the services to be provided.
(1) Obvious defects in our services must be notified in writing within a period of two weeks from delivery. In order to comply with the time limit, it is sufficient that the notice of defects has been sent to us before the expiry of the time limit.
(2) If our customer is an entrepreneur within the meaning of § 24 of the Act Governing the Law of General Terms and Conditions or a legal entity under public law or a special fund under public law, all possible defects in our services must be notified in writing within a period of two weeks from delivery.
(3) In the event of justified notices of defect, we shall be entitled, at our discretion, to rectify the defect or to re-produce our performance. The rectification or new production shall be free of charge for the client. If the rectification or new production fails, the client may, at his discretion, demand cancellation of the contract (redhibitory action) or reduction of the remuneration (abatement).
(4) A reasonable period of time shall be granted for this purpose. This period refers exclusively to defects in the building object.
(5) Claims for damages due to defects of the services rendered by us cannot be asserted, unless damages are due to gross negligence or intent by us, our legal representatives or our vicarious agents.
(6) Unless otherwise stipulated in paragraphs (1) to (4), the warranty shall be governed by the statutory provisions.
(1) We shall be liable for breach of ancillary contractual obligations, in particular duties of care and traffic safety, and for culpa in contrahendo only for such damages as are based on grossly negligent or intentional breaches of contract by us, our legal representatives or our vicarious agents. The same applies to legal liability claims including liability in tort according to §§823 ff.BGB.
(2) We shall not be liable for the correctness of measurements, weights or other data provided to us by the customer or his vicarious agents, unless the verification of such data is part of the order placed with us in accordance with the contract.
§10 Place of jurisdiction/place of performance
(1) Unless otherwise agreed, the place of performance for both contracting parties shall be the registered office of our company.
(2) If our contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for both contractual partners shall be the registered office of our company. The same applies if our contractual partner does not have a general place of jurisdiction in the Federal Republic of Germany.
§11 Choice of law
(1) German substantive law shall apply exclusively to all disputes arising from this contract, including disputes about the validity of the contract or individual parts of the contract.
(1) Should individual provisions of the contract law be invalid, this shall not affect the validity of the remainder of the contract.
(2) Subsidiary agreements, amendments and additions to a legal transaction shall only be effective if they are expressly confirmed by us in writing.