AGB`s

General Terms and Conditions (GTC)


scope

These general terms and conditions (GTC) apply to all contracts concluded between Verwey-Bassum GmbH (hereinafter referred to as "contractor") and our customers (hereinafter referred to as "client"). They apply to all services listed in the respective offers and which we have described on the website (sandblasting work, work in and around the house, and garden services, etc.). Deviating or supplementary terms and conditions of the client will only become part of the contract if the contractor has expressly agreed to their validity in writing.


conclusion of the contract

A contract is concluded as soon as the client accepts the contractor's offer in writing. Offers from the contractor are non-binding and subject to change unless they are expressly designated as binding. The contract becomes effective either through written confirmation from the contractor or through the execution of the work.


scope of services

The scope of services is determined by the respective contract concluded between the client and the contractor. Changes or extensions to the scope of services require a separate agreement. Additional work not included in the original offer will be charged separately.


We expressly point out that sandblasting creates dust that can spread inside and outside the premises. Protective measures such as taping off windows, doors, walls, objects or similar and protecting other items are the sole responsibility of the customer, as we accept no responsibility for damage caused by tape or dust, etc.

We need three parking spaces in the immediate vicinity of the construction site for the transporter and the compressor, as the hoses are a maximum of 20 meters long.

Furthermore, we would like to point out that materials such as concrete, adhesive residues/silicone cannot be blasted off objects, as this would cause considerable damage to the respective materials.


Prices and payment terms

  • The prices for the services provided are based on the prices specified in the contract or offer. All prices are net, plus the applicable statutory value added tax, unless otherwise agreed.
  • The invoice amount is due without deduction within 14 days of invoicing, unless otherwise agreed. In the event of late payment, the contractor is entitled to charge default interest at the statutory rate.
  • The client is only entitled to set-off rights if his counterclaims have been legally established or are undisputed. The client can only exercise a right of retention if his counterclaim is based on the same contractual relationship.


obligations of the client

  • The client is obliged to provide the contractor with all information required to carry out the work in a timely manner and, if necessary, to grant access to the relevant rooms and areas on time at the agreed date.
  • The client must ensure that the necessary permits and approvals for carrying out the work are available, particularly when the work is carried out on public, common or listed areas.
  • Should the Client fail to comply with his obligation to cooperate and this results in delays or additional costs, the Contractor shall be entitled to invoice the resulting additional costs separately.


execution of the work

  • The Contractor will carry out the agreed work professionally and on time, as far as this is possible and no unforeseen obstacles (e.g. weather conditions, illness) delay the fulfillment.
  • If the execution of the work is delayed for reasons for which the client is responsible or as a result of force majeure, the contractor is entitled to agree on a reasonable alternative date or to withdraw from the contract.


acceptance and warranty

  • After completion of the agreed services, the client is obliged to accept them, provided that there are no significant defects. Acceptance is deemed to have taken place if the client does not complain about the services within 7 days of completion.
  • The contractor is liable within the framework of the statutory warranty provisions. Obvious defects must be reported in writing immediately, but no later than within 7 days of acceptance. Hidden defects must be reported within 12 months of acceptance.


Liability

  • The contractor is liable for damages caused intentionally or through gross negligence. In the case of simple negligence, the contractor is only liable for damages resulting from injury to life, body or health and for damages resulting from the violation of essential contractual obligations (cardinal obligations).
  • Liability for simple negligence is limited to typically foreseeable damage.
  • The contractor is not liable for damages caused by improper actions of the client or third parties.


withdrawal and termination

  • The client is entitled to withdraw from the contract if the contractor does not provide an agreed service within a reasonable period of time and a written grace period has expired without success.
  • Cancellation of the contract by the client is no longer possible after the start of the contract (§18 paragraph 1 Z 1 FAGG)
  • The Contractor is entitled to terminate the contract without notice if the Client fails to make payments due despite reminders or fails to comply with his obligations to cooperate to a significant extent.


final provisions

  • Changes or additions to these Terms and Conditions must be made in writing. This also applies to changes to the written form clause itself.
  • Should a provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
  • The place of jurisdiction for all disputes arising from or in connection with this contract is the contractor's place of business, provided that the client is a merchant, a legal entity under public law or a special fund under public law. The law of the Federal Republic of Germany applies.


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