Ihr Fliesenleger u. Trockenbauer in Wuppertal und Umgebung.

Conditions

Terms of Service

1. General

The following general sales, delivery and repair conditions (hereinafter referred to as GTC) apply to contracts between Besim Tulla, Tannenbergstr. 44, 42103 Wuppertal, phone 0162-9177482, email Besimtulla@yahoo.com (hereinafter referred to as bv-fliesen-decor), and their customers (consumers and entrepreneurs).

Conditions of the customer that contradict or deviate from or supplement these terms and conditions are not recognized. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity, § 13 BGB

An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, § 14 BGB.

2. Construction work

For all construction works, the “Contracting Regulations for Construction Works” (VOB, Part B) apply in the version valid at the time the contract is concluded, insofar as the order is placed by a contractual partner active in the construction industry. If a private customer places an order for construction work, the “General Contracting Regulations for Construction Services” (VOB, Part B) will only become part of the contract if the full text of VOB Part B is handed over before the contract is concluded.

3. Estimates

We are bound to our cost estimates for 4 weeks. If it can be proven that our suppliers' price increases fall within this period, we are entitled to pass these on to our customers. The transport to the construction site or the dispatch of goods by post, by forwarding agents or parcel services as well as their packaging and any transport insurance will be charged separately. If free construction site has been agreed, this means delivery without unloading, provided that the access road is used. If unloading has been agreed, the vehicle is unloaded directly.

4. Ownership and Copyright

The contractor reserves the right of ownership and copyright to cost estimates, drafts, drawings and calculations. They may not be used, reproduced or made accessible to third parties without his consent. If the order is not placed, they are to be returned immediately or destroyed.

5. Delivery

We reserve the right to deliver partial quantities. Our delivery times are approximate and non-binding. If the agreed date is exceeded, an appropriate grace period must be set. If the grace period is not met in the case of default, the customer can withdraw from the contract insofar as it has not yet been fulfilled. Claims for damages in the event of slight negligence or contractual penalties are excluded. In the case of not timely or correct self-delivery, at

Force majeure or labor disputes, operational disruptions or fire and damage caused by vandalism in our own company or that of a supplier, for which we are not responsible and which make it more difficult to fulfill the contract, we are entitled to postpone delivery times or to withdraw from the contract without the customer having to do so any claims are due. +

6. Prices and Payments

If there is a period of more than four months between the conclusion of the contract and the contractual delivery date, we are entitled to recalculate and increase the price due to increased raw material prices, energy costs, wages and salaries or additional burdens from taxes and duties. If the price increase exceeds 10%, the customer is entitled to withdraw from the contract within two weeks of notification of the price increase. If the contract is based on a list price, we are also entitled to recalculate the list price. The purchase price is due in cash immediately upon delivery and invoicing. A payment term only applies if this has been expressly agreed in writing.

Section 16 of the General Contracting Regulations for Construction Services, Part B (VOB / B) applies to all payments. Payments are to be made in cash, without any deductions, free payment office of the contractor in German currency within 4 weeks. Daily wage work, interim invoices and A conto requirements are payable immediately after invoicing. Acceptances or customer changes will not be accepted. If the terms of payment are not adhered to or if circumstances become known which seriously question the creditworthiness of the client, or if a check is not cashed, all outstanding claims become due. After the unsuccessful expiry of a grace period set by him, combined with the threat of termination, the contractor is then entitled to terminate the contract in writing and to cease the work as well as to invoice all previously performed services according to contract prices, as well as the lost profit from the remaining order. Reference to the law for the acceleration of due payments (in force from May 1st, 2000) Paragraph 1 “... the debtor is in default after 30 days. ... Interest is due 30 days after the due date. ...”

7. Costs for orders that have not been carried out

Since repair time is working time, in the event that no warranty work is available, the costs incurred and to be documented will be charged to the customer if an order cannot be carried out because:

7.1 the fault complained of could not be determined in accordance with the rules of technology;

7.2 the customer culpably misses the agreed date;

7.3 the order was withdrawn during execution (see 12)

8. Warranty

Complaints due to incomplete or incorrect delivery, transport damage or recognizable defects must be reported to us immediately, at the latest one week after receipt of the goods or completion of the work. Concealed defects are to be reported to us immediately, at the latest one week after discovery. After this period has expired, the contract is deemed to have been properly fulfilled. In business dealings with our commercial customers, §377 ff. HGB apply. In the event of justified complaints, we can choose between repairing the defective goods or replacing them. We are to be given the necessary time and opportunity for this, otherwise the warranty is void. In the event of unsuccessful improvement or replacement delivery, the customer can demand conversion or reduction. Further claims are excluded. In the case of third-party products, our liability is limited to the assignment of warranty claims against our supplier. The limitation does not apply if the latter refuses the guarantee or delays it unreasonably or is not able to do so. If the customer is in arrears with payments, we can refuse the guarantee if the amount in arrears exceeds the expenditure required for the guarantee. The warranty also does not apply if the customer or a third party has changed, processed, installed or attempted to improve the delivered goods.

9. Deviations in color, structure and dimensions

All building materials, slabs, tiles, natural and artificial stones that we sample, describe, depict or show are considered to be approximate examples of quality, dimensions, color, decor, structure and processing. Deviations in the delivered goods are therefore always possible, in the case of artificial and natural stone even normal and do not represent a defect. In glazed plates, tiles and mosaics, glazing cracks and when used as flooring can be caused by walking

Signs of wear and tear occur. They are material-related and cannot be avoided. They do not affect the utility value and are therefore not a reason for complaint in accordance with the sales conditions of our delivery plants and suppliers. Artificial and natural stones cannot be delivered uniformly in color, strength (thickness), structure and processing. Therefore, no guarantee can be given that the item and the goods match perfectly. Deviations and so-called blemishes (eg inclusions ...), which are in the nature of the rock, as well as dimensional deviations, which do not disturb an exact fit and a correct relationship, are reserved. Professional cementing, the dismantling of loose veins or stitches and their reassembly are not only inevitable, but also an essential requirement for processing. In no case do they entitle to complaints or notices of defects. With regard to the thickness, a tolerance of + or - 3 mm must be allowed for the prescribed dimension. Quartz veins, pores, deposits, color fluctuations, structural fluctuations and stains are natural properties of natural stone and do not give rise to any complaints.

10. Dimension calculations and division for artificial and natural stones

Workpieces made from individual pieces with an area of less than 0.25 m² are charged at 0.25 m². Window sills less than 20 cm wide are calculated with a width of 20 cm, which also applies without a special agreement. If workpieces are delivered in parts (eg window sills ...), this does not entitle to complaints or to refuse acceptance.

11. Retention of title

The delivered goods remain our property until all of our claims from the purchase / work contract have been paid. If the customer is a reseller, he is revocably entitled at any time to sell the goods belonging to us in the ordinary course of his business. In this case he already now assigns to us all claims to which he is entitled from the resale against his buyer or contractual partner with all ancillary rights. If the value of this assignment exceeds our claims by a total of more than 20%, we shall, at the request of the customer, transfer rights at our discretion until the specified limit is not reached. The customer is obliged to inform us of the debtor and the amount of the claim to which we are entitled. With the exception of revocation at any time, he is entitled to collect the claim to which we are entitled himself, but must keep the proceeds separately, secure them and transfer them to us immediately as long as he is in arrears with the payment to us. The customer must notify us immediately of compulsory enforcement measures by third parties in relation to the goods belonging to us or claims assigned to us, handing over the documents necessary for the objection.

12. Withdrawal and termination by the client

12.1 The client can terminate the contract at any time until completion of the service.

12.2 The contractor is entitled to the agreed remuneration. However, he must allow himself to be taken into account what he saves in costs as a result of the cancellation of the contract or acquires or maliciously omits to acquire through other use of his labor and his company (§ 649 BGB).

13. Credits

Credits are only valid for six months from the date of credit. After that, the customer loses the right to the service.

14. Place of jurisdiction

If both contracting parties are registered traders, the exclusive place of jurisdiction is the place of business of the contractor.