Wir beraten Sie gerne!    -     Telefon +49 (0) 4236 / 9430198

  • Deutsch
  • General terms and conditions

    AGB

     

    Below you will find under A) our general terms and conditions with consumers and under B) our general terms and conditions with companies. Both general terms and conditions can be downloaded at the bottom of the page.

    A) General terms and conditions of Bohlmann Reitböden GmbH in business transactions with consumers

    I. Basis of contract
    (1) The following contractual terms and conditions shall only apply to consumers as defined by § 13 of the German Civil Code (BGB). They shall also apply to any future extensions of the contractual relationship.

    (2) Our Terms and Conditions of Contract shall apply exclusively; any provisions of the Purchaser to the contrary or deviating from our Terms and Conditions of Contract shall not apply unless we expressly agree to their application in writing.

    (3) Our contractual terms and conditions shall also apply if we perform the service without reservation in the knowledge of terms and conditions of the customer that are contrary to or deviate from our contractual terms and conditions.

    II Offer and Acceptance
    (1) The offer prepared by us shall form the basis of the clarification discussion to be held with the Customer. After clarification of all aspects, we shall send the Customer a so-called order confirmation which, among other things, sets out the services and prices. The contract shall only become effective upon receipt by us of a copy of the order confirmation signed by the Customer.

    (2.) We are also entitled to have services performed by subcontractors.

     

    III. prices


    (1) Services shall be rendered at the prices agreed in the order confirmation for the specified service period. Postponements of the time of performance for which the Purchaser is responsible may lead to an adjustment of the remuneration.

    (2) Statutory value-added tax is not included in our prices; it shall be shown separately in the invoice at the statutory rate on the date of invoicing.

    (3) The deduction of a discount requires a special written agreement.

    (4) Unless otherwise stated in the order confirmation, the remuneration for the work (without deductions) shall be due for payment within 30 days of the invoice date. In all other respects, the statutory provisions on default of payment shall apply.

    (5) The Customer shall only be entitled to offset against our claims for remuneration to the extent that its counterclaims are based on the same contractual relationship, unless the claims set off are undisputed or have been finally determined by a court of law.


    IV. Provision of security
    We shall be entitled to claim security from the customer at any time after conclusion of the contract in accordance with § 650f BGB (German Civil Code).

    V. Period of performance
    The performance of the ordered services shall take place within the agreed period of time. It presupposes the clarification of the technical aspects and questions, in particular also the release of the plans prepared by us for the execution.

    VI Changes in performance / additional services
    (1) The parties may agree on changes in performance. Additional services to be rendered by us shall be remunerated separately.

    (2) We reserve the right to make changes to the scope of performance in accordance with the principle of equivalence of performance. This applies in particular to changes in performance insofar as they are due to technical progress and do not represent a reduction in quality.

    (3) If the purchaser requests a change to the agreed services, the statutory provisions of §§ 650b, 650c BGB shall apply.

    (4) The Purchaser shall submit its request for change in text form in accordance with Section 650b (1) of the German Civil Code (BGB).

    (5) Changes in performance shall be agreed directly with us. Any agreement on changes in performance with our subcontractors shall require our written consent.

    (6) We may refuse to perform a modified service that is not necessary to achieve the agreed success of the work if the performance of the modification is unreasonable for us. Reasonableness shall be lacking in particular if we are not in a position to perform the work for technical, organizational or internal reasons.

     


    VII Acceptance


    (1) After completion of all services, both parties shall be entitled to demand a formal acceptance and - within 7 working days after completion - to set an acceptance date.

    (2) If, after completion of the work, we set the customer a reasonable deadline for acceptance and the customer does not refuse acceptance within this deadline, stating at least one defect, acceptance shall be deemed to have taken place. Together with the request for acceptance, we shall inform the Purchaser in text form of the consequences of an acceptance which has not been declared or which has been refused without stating any defects.

    VIII. Defect Rights
    (1) The rights of the purchaser in the event of defects shall be governed by the statutory provisions.

    (2) Our liability for damages, irrespective of the legal grounds, in particular in the event of delay, defects or other breaches of duty, shall be limited to the foreseeable damage typical for the contract.

    (3) The aforementioned limitations of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.

    (4) The limitation period for defect rights shall commence upon acceptance and shall be 5 years.


    IX. Retention of title


    The components and materials delivered by us to the construction site shall remain our property until all secured claims have been paid in full. The customer shall keep the materials and components in safe custody for us free of charge. If third parties gain access to these materials and components, in particular by way of seizure, the Purchaser shall immediately inform them of our ownership and notify us thereof in writing without delay in order to enable us to enforce our ownership rights.

    X. Right of withdrawal for consumers
    The purchaser has been informed of the statutory right of revocation to which he is entitled within the framework of a consumer construction contract in accordance with § 650 I BGB (German Civil Code). The Purchaser confirms that he received the instruction on the right of revocation attached to the contract in text form in due time prior to the conclusion of this contract.

    XI. Rights of use
    All technical documents, in particular design plans, the construction, work and assembly plans are protected by copyright and shall only be made available to the Purchaser in connection with the contract. Any disclosure and/or misappropriation shall give rise to claims for damages on our part.

    Cancellation policy

    Right of revocation
    You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day of the conclusion of the contract. It does not begin to run before you have received this instruction in text form.


    In order to exercise your right of withdrawal, you must inform us (Bohlmann Reitböden GmbH, Horst 2, 27308 Kirchlinteln, Tel. +49(0)4236/9430198, Mobile: +49(0)1724270589, E-Mail info@bohlmann-reitboden.de) by means of a clear declaration (e.g. letter, fax or e-mail) of your decision to withdraw from this contract. To comply with the revocation period, it is sufficient that you send the declaration about the exercise of the right of revocation before the expiry of the revocation period.

    Consequences of the revocation
    If you revoke this contract, we must immediately return to you all payments that we have received from you.
    In the event of revocation, you must return to us all services that you have received from us up to the time of revocation. If the return of a service is excluded by its nature, for example, building materials used cannot be removed without destruction, you must pay compensation for their value.


    B) General Terms and Conditions of Contract of Bohlmann Reitböden GmbH in Business Transactions with Entrepreneurs

    I. Basis of Contract
    (1) These following contractual terms and conditions shall only apply to entrepreneurs within the meaning of § 14 BGB (German Civil Code), including any future extensions of the contractual relationship.

    (2) Our contractual terms and conditions shall apply exclusively; any conflicting or deviating provisions of the Customer shall not apply unless we expressly agree to their validity in writing.

    (3) Our contractual terms and conditions shall also apply if we perform the service without reservation in the knowledge of terms and conditions of the Customer that conflict with or deviate from our contractual terms and conditions.

    (4) The contract shall be concluded subject to the provisions of the German Construction Contract Procedures, Part B (VOB/B), in the version applicable at the time of conclusion of the contract. The VOB/B is agreed in its entirety.

    II Offer and Acceptance
    (1) The offer prepared by us shall form the basis of the clarification meeting to be held with the Customer. After clarification of all aspects, we shall send the Customer a so-called order confirmation which, among other things, sets out the services and prices. The contract shall only become effective upon receipt by us of a copy of the order confirmation signed by the Customer.

    (2.) We are also entitled to have services performed by subcontractors.


    III. prices
    (1) Services shall be rendered at the prices agreed in the order confirmation for the specified service period. Postponements of the performance period which are within the responsibility of the client may lead to an adjustment of the remuneration.

    (2) Statutory value-added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the date of invoicing.

    (3) The deduction of a discount requires a special written agreement.

    (4) Unless otherwise stated in the order confirmation, the remuneration for the work (without deductions) shall be due for payment within 30 days of the invoice date. In all other respects, the statutory provisions on default of payment shall apply.

    (5) The Customer shall only be entitled to offset against our claims for remuneration to the extent that its counterclaims are based on the same contractual relationship, unless the claims set off are undisputed or have been finally determined by a court of law.

    IV. Provision of security
    At any time after the conclusion of the contract, we shall be entitled to demand security from the customer in accordance with §650 f of the German Civil Code (BGB).


    V. Period of performance
    The performance of the ordered services shall be carried out within the agreed period of time. It presupposes the clarification of the technical aspects and questions, in particular also the release of the plans prepared by us for the execution.

    VI Acceptance
    The regulations of §12 VOB/B apply, in particular also for the acceptance by commissioning.

    VII Warranty
    (1) The warranty shall be governed by § 13 VOB/B.

    (2) Our liability for damages, irrespective of the legal grounds, in particular in the event of default, defects or other breaches of duty, shall be limited to the foreseeable damage typical for the contract.

    (3) The aforementioned limitations of liability shall not apply to our liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.


    VIII. Retention of Title
    The components and materials delivered by us to the construction site shall remain our property until full payment of all secured claims. The customer shall keep the materials and components in safe custody for us free of charge. If third parties gain access to these materials and components, in particular through seizure, the customer shall immediately inform them of our ownership and notify us of this in writing without delay in order to enable the enforcement of our ownership rights.

    IX. Rights of use
    All technical documents, in particular design plans, the construction, work and assembly plans are protected by copyright and are only made available to the customer in connection with the contract. Any disclosure and/or misappropriation shall give rise to claims for damages on our part.

    If the client is a merchant, our place of business shall be the place of jurisdiction; however, we shall also be entitled to sue the client at the court of his place of residence or business.