Raumgenie
Terms of Service
§ 1 Scope
The following general terms and conditions for (service) performance in the construction and trade sector apply to all legal transactions between the company Raumgenie, Temujin Diener, Gartenstraße 6, 71229 Leonberg, hereinafter referred to as the contractor, and the client.
Provisions deviating from our terms and conditions only become effective and part of the contract if they are expressly agreed and confirmed by us in writing.
With the acceptance of the offer or by implication (conclusive action such as permitting the start of construction) by the customer, our general terms and conditions are deemed to have been accepted.
§ 2 Contract components
The parts of the contract include, if available, construction drawings, building descriptions, specifications and other technical documents prepared by us, and are binding if they are expressly mentioned in the contract. We reserve ownership and copyrights to illustrations, drawings, calculations and other documents. They may not be handed over to third parties.
The client is entitled to request changes to the services even after the contract has been concluded. The change requests only become part of the contract if they are communicated to us in good time and an agreement on the changed offer price is reached. If no agreement is reached, the scope of the previously contractually agreed service remains in place.
If additional costs arise for services that are not expressly listed in the offer but are necessary for the continuation of the commissioned work, these are to be borne by the client.
§ 3 Offers
An offer created by us is valid for four weeks from the creation date. When placing an order and in correspondence, our offer number must always be given. Changes and additions to our offers require our express written consent. If additional services are provided by the Raumgenie app, it is sufficient to state the name and building project and this is considered an extension of the order, which is calculated in report hours in addition to the offer.
§ 4 Prices and terms of payment
Our prices include the currently valid VAT.
The agreed total price is to be paid in the form of advance payments according to the progress of construction.
The advance payments are determined individually according to the construction phase.
The installments are due and payable immediately after invoicing. A delay in the down payment will lead to the suspension of our services until they have been settled. Timely completion can then no longer be guaranteed.
In the case of later offers for special requests, the price will be added as a percentage of the respective construction phase.
When commissioning, we assume the creditworthiness of our client. If the customer does not meet his payment obligation, we as the contractor reserve the right to demand advance payments or the provision of security. The contractor is also entitled to withdraw from the contract after a reasonable period of time has elapsed and to claim damages for non-performance.
§ 5 Obligations of the client
1. If a building permit / other permit is required for the execution of our service, this must be obtained be notified and obtained by the client from the responsible building control authority / other authority. The costs for the fees incurred are to be borne by the client and are not part of our services. If the necessary approvals cannot be presented, there is no right to our execution Services.
2. The client must ensure barrier-free access to the place of performance, unless otherwise agreed with us was agreed.
§ 6 Acceptance
Our services must be accepted within 3 working days of completion. If this deadline is not met without good reason, the building project is deemed to have been accepted. Acceptance cannot be refused due to insignificant defects.
§ 7 Deadlines
If we are unable to complete our services by the agreed date due to force majeure, the deadline for completion shall be extended appropriately. Should this occur, we will inform the customer immediately about the delay.
§ 8 Warranty and Liability
For all cases of warranty and liability, we refer to the building code BauGB .
§ 10 Retention of title
1. We reserve ownership of all building materials delivered by us until our claims against the client have been settled in full.
The client may neither assign nor pledge the building materials for which title is retained as security.
In the event of access by third parties - such as a bailiff - to the building materials subject to retention of title, the client must point out the retention of title by the contractor and notify the contractor immediately in writing. The client has to bear the costs and damage caused by access by third parties.
In the event of a delay in payment, we are entitled to collect the building materials and the client is obliged to surrender them.
§ 11 Severability Clause
Should individual provisions of the contract between the client and contractor, its components or these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions of the contract, its components and these General Terms and Conditions. Rather, the invalid provision shall be replaced by one that comes as close as possible in a legally permissible manner to what the contracting parties intended according to the content of the contract. The same applies if a gap that needs to be filled becomes apparent during the execution of the contract.
§ 12 Notes
We would like to point out that the performance of our services, especially demolition work, can lead to noise, dust and vibrations despite the use of proper protective devices.
§ 14 Choice of Law and Place of Jurisdiction
Contracts and all related claims and obligations are subject to the law of the Federal Republic of Germany.
Place of performance and place of jurisdiction for all services and disputes arising from this contractual relationship is Leonberg.