Article 1
Area of application and general business terms and conditions
The following general terms and conditions of Projekthaus GmbH (hereinafter Projekthaus®) shall apply in any contractual relationship with customers, unless explicitly agreed otherwise by individual agreement between the parties.
These GTC shall apply exclusively, and any conflicting or contrary customer terms and conditions shall not be recognised unless Projekthaus® has specifically agreed to them in writing. These GTC shall also apply if Projekthaus® provides services without reservation to the customer, in the knowledge that the customer's terms are conflicting or contradictory.
Article 2
Effectiveness of contracts
The contract between Projekthaus® and the customer shall come into effect when the customer accepts a quotation from Projekthaus® without reservation or amendment, or Projekthaus® confirms an order from the customer in writing, or Projekthaus® delivers the goods or services ordered by the customer within two weeks of receipt of the order.
Article 3
Deliverables
The nature of the services to be provided by Projekthaus® shall primarily be defined in the written contract , or the written order confirmation from Projekthaus® if a contract is not available. Any amendments or supplements shall be in written form.
Projekthaus® shall have the right to make partial deliveries.
Article 4
Liability, warranty and compesation
- Projekthaus® shall provide all services with the level of care expected of it.
- Projekthaus®'s liability for breaches of contract or criminal offences shall be limited to premeditation and gross negligence. This shall not apply to death, physical injury or illness of the customer, claims relating to breach of cardinal obligations and compensation for damages due to arrears (Article 286 BGB) where Projekthaus® shall be liable for all levels of culpability. Liability in the event of delivery delays shall incur a lump-sum fine on arrears of 0.5 % of the order value for each completed week of default in delivery, but not exceeding 5 % of the order value.
- Warranty claims can only be made on the basis of notifications of deficiencies received in writing within 10 days of delivery of the service or partial service.
- If Projekthaus® sends goods or documents for the customer via third parties (e.g. haulage or other transport companies), the risk of damage or destruction of the goods shall be passed on to the customer when the goods are passed to the third party. Projekthaus® shall cede any of its own claims against the third party to the customer or assert them on its behalf and in its own name; any further claims by the customer against Projekthaus® are excluded.
- The customer shall have no rights to conversion or price reduction. Claims for the repair or supply of missing items must be fulfilled by Projekthaus® within a reasonable period. Compensation for delays cannot be claimed within this period.
- Projekthaus® shall be liable for deficiencies of service in accordance with the statutory regulations (Article 633 ff. BGB [German Civil Code]). Projekthaus® is not responsible for the content of the services provided by the customer. Specifically, Projekthaus® shall not be obliged to check the content for any statutory violations. If third parties make claims against Projekthaus® as a result of statutory violations arising from the content of the service, the customer shall undertake to absolve Projekthaus® of any liability to third parties and indemnify Projekthaus® for the costs incurred as a result of the potential statutory violations.
Article 5
Reservation of title and rights
- Until payment has been made in full, Projekthaus® shall retain ownership of all goods sold and the unconditional transfer of usage rights as set out in the contract. Sale, pledging, hiring, loaning or otherwise making available to a third party shall be prohibited until the ownership and rights have passed completely to the customer.
- An exercise the right of reservation of title and rights shall not be deemed a withdrawal from the contract. However, Projekthaus® shall be entitled to reclaim the items purchased, for which it has exercised the right of title after a reasonable period.
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Article 6
Prices and payment terms
- Unless otherwise stated in the relevant information, all prices shall be deemed to be net excluding value added tax at the applicable statutory level. Unless agreed otherwise, payment terms are 10 days from invoice date.
- All claims by Projekthaus® against the customer shall be payable immediately if the customer has not complied with payment terms without a justified reason or Projekthaus® becomes aware of a considerably deterioration in the customer's asset position after the contract is concluded. Projekthaus® shall also be justified in not providing further goods and services until the customer has made an advance payment, or has provided security in the form of an absolute guarantee to cover the further goods and services.
Article 7
Set-off and right of retention
- The customer can only set off against claims from Projekthaus® based on legally binding or undisputed claims.
- Withholding of services, which are owed by the customer on the basis of a contract with Projekthaus®, is only possible for those claims which are based on the reciprocal relationship, which are defined in this contract and are legally binding or undisputed
Article 8
Transfer of claims
- The customer shall not have the right to transfer non-monetary claims against Projekthaus® to third parties
Article 9
Data protection
Projekthaus® may process and use customer data for the purposes of advertising, market research and demand-oriented design of its advertising materials, unless the customer objects to this in writing. The customer gives its explicit consent to Projekthaus® keeping all customer data, even after termination of the business relationship, and using it in accordance with the existing data protection regulations.
Article 10
References
The customer hereby explicitly agrees that Projekthaus® may use its name as a reference in its advertising or to third parties.
Article 11
Place of fulfilment and jurisdiction
The place of fulfilment and exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of Projekthaus®, providing the contracting parties are businesses, legal persons under public law or special funds under public law . The legal relationship between the parties shall be governed by the law of the Federal Republic of Germany.
Article 12
Severability clause
If individual terms of this these GTC or parts thereof are invalid, this does not affect the validity of the remaining terms. The customer and Projekthaus® shall replace the invalid term by a valid term that comes as close as economically possible to the intended purpose of the invalid term.
Version 2012
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