AGB
Scope
The following general terms of sale, delivery and repair (hereinafter referred to as GTC)
apply to contracts between Rapp-Bau GmbH, represented by the managing director Tobias Rapp
Urbanstrasse 171b in 10961 Berlin, phone 030.92353433 mail info@rapp-bau.eu (hereinafter referred to as Rapp-Bau GmbH) and their customers (consumers and entrepreneurs). Conditions of the customer that conflict with or differ from these terms and conditions are not recognized. A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity, Section 13 of the German Civil Code (BGB) is a natural or legal person or a legal partnership that, when entering into a legal transaction in the exercise of its commercial or independent professional activity, § 14 BGB.
Right of Withdrawal
In certain legally regulated cases, consumers have the right of withdrawal. In this case, instruct
we will tell you about this separately.
General sales and delivery conditions
1. Conclusion of contract
1.1 Orders placed by the customer with Muster-GmbH merely make an offer to Muster-GmbH to conclude
of a contract. The order confirmation is not an acceptance of the contract by Muster-GmbH.
1.2 Offers made to companies are generally non-binding.
1.3 The acceptance is made by Rapp-Bau GmbH with a separate order confirmation or with delivery of the
Would
2. Delivery
2.1 Rapp-Bau GmbH delivers from stock to the address specified by the customer in Germany. If the customer is an entrepreneur,
the risk arises when the goods are handed over to the carrier or when the customer picks them up,
when ready for dispatch to the customer.
3. Prices, terms of payment and retention of title
3.1 All prices are in euros including VAT and plus packaging and shipping costs.
3.2 Payments are due immediately and without deduction after receipt of the invoice, unless otherwise agreed
have been met or different payment periods have been shown on the invoice.
3.3 The delivered goods remain the property of Rapp-Bau GmbH until full payment (hereinafter:
Reserved goods).
If the customer is an entrepreneur, the following also applies:
• The delivered goods remain the property of Rapp-Bau GmbH until all Rapp-Bau have been fulfilled against the
Customers entitled claims, even if the individual goods have been paid.
• The entrepreneur is authorized to pass on the reserved goods to third parties in the ordinary course of business
to sell if it is ensured that the payment is made to Rap-Bau-GmbH and that the property
is only transferred to the third party when the third party has fulfilled its payment obligations.
• The business customer can in turn resell under retention of title without this
the reserved property passes to the third party.
• The entrepreneur may not pledge the reserved goods without the consent of Rapp-Bau GmbH
or assign it as security. Processing or transformation of the reserved goods by the entrepreneurial customer
takes place exclusively in the name and in the interest of Rapp-Bau GmbH. With seizures,
The entrepreneur must immediately inform Rapp-Bau GmbH of confiscations or other dispositions or interventions by third parties.
• The entrepreneur enters his claims from the resale of the reserved goods including
of all ancillary rights already in full to Rapp Bau GmbH in advance as a precaution
Accepts assignment. Until revocation and as long as the entrepreneur is not in default
the entrepreneur is entitled to collect the claims assigned to Rapp-Bau GmbH himself; he is
however not authorized to use them in any other way, e.g. B. by assignment.
• At the request of Rapp-Bau GmbH, the entrepreneur has the assignment of the claim to the person concerned
To make known to the customer and to Rapp-Bau GmbH to assert their rights against the customer
required documents, e.g. B. hand over invoices and provide the necessary information.
Rapp-Bau GmbH will provide the collateral to which it is entitled at the customer's request at Lemme's option
release as far as their value exceeds the claims to be secured by more than 20%.
4. Warranty
4.1 The statutory warranty rights apply. The rights from any guarantee are covered by this
Terms and Conditions neither excluded nor restricted.
4.2 If the customer is an entrepreneur, Rapp-Bau GmbH decides on the type of supplementary performance and §
377 HGB; in the case of a replacement delivery, the costs of removing the defective item and the costs of the
Installation of the defect-free replacement item not covered by the right to subsequent performance.
4.3 Claims for defects by the customer who is an entrepreneur lapse one year after delivery.
5. Liability
Customer damage claims are ruled out. This does not apply insofar as Rapp-Bau GmbH according to mandatory legal regulations (e.g. product liability law), in the event of intent, gross negligence, due to injury to life, limb or health or due to the violation of essential contractual obligations, i.e. obligations, the sample -GmbH has to grant to the customer according to the content and purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts and may trust. A claim for damages because of a
slightly negligent violation of essential contractual obligations is due to the contract-typical, foreseeable damage
limited.
General repair and assembly conditions
The regulations under III of these terms and conditions apply accordingly, if no deviating agreement follows
was hit. The conditions do not apply if repairs are carried out as part of the contractual partner's claims for defects.
1. Cost
1.1. If the expected price of the services is not specified when the contract is concluded, the customer can set cost limits.
1.2 Binding cost estimates are only created upon express request by the customer.
1.3. A cost estimate requested by the contracting partner is only binding if we send it in writing
submitted and designated as binding. The contractual partner will be charged for the services required to submit the cost estimate, insofar as the repair is not carried out or at the
Implementation of the repair cannot be recovered.
1.4. If it emerges during the repair that the expected repair costs exceed the non-binding estimated costs and are not in an economically justifiable ratio to the current value of the item to be repaired, we will inform the contracting party immediately. The same applies to
Defects that we only identify on the occasion of the repair and that were previously not included in the scope of the repair order.
1.5. The thing becomes after an abort for a repair for which we are not responsible only on express
Request of the contract partner against reimbursement of the costs incurred thereby back to the original state
set back.
1.6. When calculating the repair, the prices for parts, materials and special services used
as well as the prices for the work performed, the travel and transport costs separately. Becomes
If the repair is carried out on the basis of a binding cost estimate, a reference to the
Quotation, with only deviations in the scope of services to be listed.
2. Termination
If the customer cancels the contract, he must pay for the work and costs incurred up to that point, including the expenses for ordered and already procured spare parts.
3. Payments
Payments are due immediately and without deduction after acceptance. Rapp Bau GmbH can request a reasonable advance payment when placing the order.
4. Obligation to cooperate
4.1 The customer is obliged to ensure adequate working conditions and safety at the place of repair or
assembly.
4.2 The customer is obliged to use the necessary energy including the necessary connections on his
To provide costs. He has to provide all materials and supplies and all other actions
to make, which are necessary for testing.
4.3 If the customer does not meet his obligations, Rapp Bau GmbH is entitled, but not obliged, to perform the actions in his place and at his expense.
4.4 The legal rights and claims of the customer remain unaffected.
5. Deadline for the execution of the repair or assembly
5.1 The information provided by Muster-GmbH about repair or assembly periods is based on estimates and is non-binding.
5.2 In the event of unforeseeable operational disabilities (e.g. work stoppages, difficulties in obtaining spare parts, delays in delivery or performance by suppliers) as well as in the case of official intervention, acts of God and industrial disputes, binding deadlines are also extended accordingly.
6. Acceptance of the repair or assembly, takeover by the customer
6.1 The customer is obliged to accept the goods as soon as they have been informed of their completion. Because of insignificant
Acceptance cannot be refused for defects.
6.2 If the customer is in default with the acceptance, the acceptance applies after twelve working days
Completion is shown as completed. If the customer has used the system without acceptance, the
Acceptance as of six working days after the start of use. Reservations about recognizable
In these cases, the customer must assert defects at the latest by the above-mentioned times
do.
7. Extended lien
Rapp Bau GmbH is entitled to a right of lien on the repair or assembly item that came into its possession as a result of the contract. The right of lien can also be asserted for claims from previous work, spare parts deliveries and other services, insofar as they are related to the object of the order. For other claims
The lien applies to the business relationship only insofar as these claims are undisputed or legally established
are.
8. Warranty
The customer must immediately report a defect in the repair or assembly to the Muster GmbH. The customer has
Improperly carried out repair or assembly work yourself without the consent of Rapp Bau GmbH
or have it carried out by a third party, Muster-GmbH is no longer liable for this work. The same
applies if, at the customer's request, the replacement of parts in need of renewal is not carried out.
Final provisions
Rapp-Bau GmH is not willing or obliged to participate in a dispute settlement procedure before a consumer arbitration board. After a dispute arises between the model GmbH and a consumer customer, which could not be resolved through negotiations with the consumer customer, for example as part of our customer complaint system, consumer customers can in principle contact the general consumer arbitration board responsible for general consumer problems for the center for Arbitration e. V. contact.
Contact:
General consumer arbitration board of the Center for Arbitration eV
Straßburger Strasse 8,
77694 Kehl on the Rhine
Telephone: 07851/795 79 40
Fax: 07851/795 79 41
Applicable law, contact
German law applies to the exclusion of the UN purchase law.