ofDINO Rohr und Kanal GmbH & Co. KG, Miraustr. 35 in 13509 Berlin as of 01.04.2017
§ 1 Validity of GTC
a) The subject matter of the contract and the basis of the order and our activities are these General Terms and Conditions. The General Terms and Conditions apply to all business transactions between DINO Rohr und Kanal GmbH & Co. KG (hereinafter referred to as DINO or contractor) and the client (hereinafter referred to as client).
b) DINO shall only recognize terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions if DINO expressly agrees to their validity in writing. These GTC shall also apply if DINO performs services in the knowledge of conflicting GTC.
c) Components of an offer shall take precedence over these General Terms and Conditions; individual agreements between the customer and DINO shall take precedence over the General Terms and Conditions, but must in any case be agreed in writing.
§ 2 Deadlines and time schedules
a) All agreed dates and deadlines are non-binding. Even if binding deadlines have been agreed in writing between the Customer and DINO, there may be significant deviations from agreed deadlines due to force majeure such as weather-related influences, traffic or operational disruptions.
b) In the event of delays for these or other reasons, the customer shall set reasonable additional deadlines.
c) The customer and DINO shall inform each other immediately by telephone or in writing of any circumstances that result in delays.
§ 3 Authorized representative on site/access routes
a) The Client is obliged to name a contact person on site to the Contractor. This person shall be authorized to make legally binding decisions and perform legal acts (e.g. signing of order documents, determination and checking of measurements, etc. as well as monitoring and acceptance of the services).
b) The Client shall ensure access to the places where the construction work or services are to be performed. Affected shafts and openings must be accessible for heavy trucks with a total weight of up to 32 tons.
§ 4 Price list Internet prices Price type Terms of payment
a) If an order from DINO is not based on a specific offer, DINO's current price list or any prices published on the Internet on the day the order is executed shall apply.
b) All prices quoted are net prices plus the applicable statutory value added tax.
c) DINO generally works on a prepayment basis. If, in deviation from this, payment on account has been agreed, payment shall be due immediately upon receipt of the invoice and without deductions. We generally do not grant discounts. After expiry of the aforementioned deadlines, the customer shall be in default of payment. DINO shall retain title to delivered system parts, systems or goods until all services (including services associated with the system or goods) have been paid for in full.
d) Quantities stated by both contracting parties on which the offer was based are expressly not decisive for the final invoice. The final invoice shall be based on the actual performance.
§ 5 Reminder fees Withdrawal from the contract Offsetting Retention
a) For each reminder, costs of 8 euros net plus VAT are due and are deemed to be agreed between the parties.
b) If it becomes apparent after conclusion of the contract that the customer will be unable to meet his payment obligations, DINO shall be entitled to withdraw from the contract. This shall apply in particular if advance payment or other payments demanded are not made on time or if the Customer applies for the opening of insolvency proceedings.
c) The customer shall only be entitled to set-off and retention if this has been agreed in writing.
§ 7 Acceptance Defects Limitation period
a) The work performed by DINO shall be inspected and accepted by the Customer immediately after completion. Unless otherwise agreed or stipulated below, the signature on DINO's performance certificate shall be deemed to constitute acceptance of the work.
b) The Customer shall accept the services within 10 working days of performance. If such acceptance is not requested, the services shall be deemed to have been accepted 12 working days after DINO's written notification that the services have been completed. If part or all of the work has been put into use after DINO has provided the service or construction work, the work shall be deemed to have been accepted 6 days after the first use/commissioning.
c) In the event of defective performance, the Customer shall grant DINO the opportunity to rectify the defect.
d) The general limitation period for claims shall be one year from acceptance of the services, alternatively 13 months from acceptance/completion in accordance with paragraph a).
§ 8 VOB/Warranty/Guarantee/Liability
a) The VOB shall apply insofar as DINO provides construction work or mixed construction and services (e.g. installation of grease separators) are expressly waived by both contracting parties. The parties to the contract are not bound by these General Terms and Conditions. Rather, these General Terms and Conditions shall apply.
b) If DINO has a warranty obligation as a result of a notified defect, this obligation shall be limited to rectification of the defect free of charge if this is technically and economically feasible.
c) Warranty claims must be reported by the customer in writing, stating the reason. DINO shall carry out the necessary inspections and/or repairs itself or have them carried out by a third party commissioned by DINO at its own expense within 4 weeks of notification at the latest. For this purpose, the customer shall grant DINO access to the affected systems. Warranty claims shall become time-barred in accordance with § 7 (d).
d) DINO assumes no warranty for damage caused by defective piping systems - e.g. due to age (such as wear and tear, cracking) or e.g. due to pipe installation contrary to the recognized rules of technology or craftsmanship.
e) Exclusion of warranty also applies to circumstances for which the client is responsible, such as:1. defective, rotten, cracked, brittle and improperly installed systems;2. leaking contents of the pipes and/or systems3. Coils, hoses and other tools that get stuck or lost in the system or pipes (e.g. existing socket misalignment, existing pipe breakage)4. Systems with hazardous substances 5. Pipelines, ducts and systems that do not meet the technical requirements.
f) DINO shall only be liable for damage caused by DINO in the performance of the contract in cases of gross negligence or intent. g) In addition, DINO's liability shall not exceed the gross value of the contractually agreed remuneration.
h) Physical injury and damage to health up to and including loss of life are excluded from the limitation of liability.
§ 9 Requirements for individual services
a) DINO assumes a "normal" degree of soiling for flat-rate quotation items for pipe and sewer cleaning. This is the case if the degree of soiling of new sewers is up to 5 % and the degree of soiling of all other sewers is up to 15 %.
b) Unless otherwise agreed, the disposal of removed filling materials/waste shall be charged separately at cost.
c) A standard-compliant inspection requires sufficiently cleaned ducts and pipes.
d) Pipe plugs are only installed in cleaned ducts and pipe systems.
e) Leak tests are carried out in accordance with the standards EN 1610 LC, EN 1610 W, DIN 4040-100 point 13.3.1 (standard test), sockets EN 16 10 LC or the relevant standards following this standard or subsequent standards.
§ 10 Obligations of the client
a) The Customer shall inform DINO of any applicable safety regulations, accident prevention regulations or similar.
b) Unhindered access to the place of performance must be ensured at all times.
c) Electricity, water, storage space and necessary recreation rooms shall be provided at the Client's expense.d) Necessary permits and authorizations shall be kept ready, unless otherwise agreed.e) Hazardous substances, gases, sources of explosion hazards or similar shall be demonstrably removed before the start of performance.f) Sewers shall be kept free of water (if not part of the contract performance) and must have free drainage.
§ 11 Place of jurisdiction and final provisions
a) The place of jurisdiction for all claims arising from this transportation and/or service contract shall be the registered office of DINO, provided that the claimant or the claimant is a merchant.
b) The place of jurisdiction for the installation of grease separators shall also be Berlin.
c) The law of the Federal Republic of Germany shall apply
§ 12 Severability clause
Amendments and supplements to these terms and conditions shall only be effective if they have been agreed in writing. If individual parts of the contract are invalid, the remainder of the contract shall remain in force. In this case, the contracting parties shall be obliged to make arrangements with regard to the invalid parts which come as close as possible to the economically intended result.
