general terms and conditions
General Terms and Conditions "Services
1. general
The following General Terms and Conditions shall apply exclusively to the business relations between us and our private and commercial customers, unless otherwise expressly agreed by us in writing or confirmed in writing.
2. placing of order
- The client receives a written offer from the contractor about the services to be provided.
- After agreement on the services to be provided and the associated costs, the client receives an order confirmation in writing, as well as an invoice for a deposit (see payment terms). Once the invoice is paid, a corresponding service contract is concluded.
3. completion
- Our delivery or completion dates are in principle only approximate and non-binding. They are only binding if they have been designated as such in writing.
- The commencement of the delivery or completion date stated by us presupposes the clarification of all technical questions.
- If the scope of the order changes or expands compared to the original order, the date changes automatically. If the contractor cannot meet the completion date due to force majeure or operational disruptions through no fault of his own, there shall be no obligation to pay damages due to delays caused by this. However, the Contractor shall be obliged to inform the Client of the delay insofar as this is possible and reasonable.
4. calculation of the order
- In the invoice, the price or price factors for each technically self-contained work performance as well as for spare parts and materials used shall be shown separately. If the customer requests collection or delivery of the object of the order, these shall be carried out at his expense and risk. The liability in case of fault remains unaffected.
- If the order is executed on the basis of a binding cost estimate, it shall be sufficient to refer to the cost estimate, whereby only additional work shall be listed separately.
- The sales tax shall be borne by the client.
- Any correction of the invoice must be made in writing by the Contractor, as well as any complaint by the Client, no later than 6 weeks after receipt of the invoice.
5. terms of payment
- Payments are to be made in advance (bank transfer) or in cash upon acceptance of the subject of the order - without cash discount or other reductions.
- Any other method of payment, in particular the acceptance of checks whose amount exceeds the payment guaranteed by the issuer of the check card, requires a special agreement. Offsetting with counterclaims is excluded unless there is a legally binding title or the counterclaim is undisputed. The client may only assert a right of retention insofar as it is based on claims arising from this contract.
- Interest on arrears shall be charged at 5% p.a. above the prime rate announced by the Deutsche Bundesbank. They shall be set higher or lower if the Contractor proves a charge with a higher interest rate or the Customer proves a lower charge.
- The Contractor shall be entitled to demand an advance payment of up to 30% of the net order value when the order is placed.
- In principle, payment shall only be deemed to have been made when the amount to be paid has been irrevocably credited to the account of Pinball-Dreams.
- In the event of late payment, we are entitled to charge reminder fees of up to 6 euros per reminder and to hand over the claim to a law firm or a collection agency for collection. The customer is obliged to bear the costs incurred for the use of the lawyer or the collection agency.
6. acceptance
- Acceptance of the object of the order by the Customer shall take place at the Contractor's premises, unless otherwise agreed.
- Upon delivery of the object of the order, acceptance shall take place with the object still assembled. Should it be necessary to dismantle the object of the order due to local conditions, the warranty claim on the part of the Contractor shall expire.
- The Customer shall be in default of acceptance if he culpably fails to collect the object of the order within two weeks after notification of completion and handover or sending of the invoice and the Contractor has thereupon sent him a reminder.
- In the event of default in acceptance, the Contractor may charge the customary storage fee. The object of the order may also be stored elsewhere at the discretion of the Contractor. The costs and risks of storage shall be borne by the Customer.
7 Warranty
- The Contractor shall provide a warranty for the work commissioned in the following manner, whereby a claim for damages due to non-performance in the absence of warranted characteristics shall remain unaffected:
- If the client accepts the object of the order despite knowledge of a defect, he shall only be entitled to warranty claims to the extent described in clauses 2 to 4 if he reserves the right to do so upon acceptance.
- Warranty shall be provided for unrecognized defects if the defect is reported within 12 months after acceptance.
- If the Customer is a legal entity under public law or a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the warranty shall end six months after acceptance.
- Defects shall be notified to the Contractor in writing immediately after their discovery and shall be precisely described; in the event of personal notification, the Contractor shall hand over to the Customer a written confirmation of receipt of the notification.
- Natural wear and tear is excluded from the warranty.
- The Contractor shall remedy a defect covered by warranty at its own expense in the same plant. The rectification shall be carried out without charging for labor and material costs.
- If the rectification fails, in particular if the defect cannot be eliminated or if further attempts at rectification are unreasonable for the Customer, the Customer may demand a reduction (reduction of the remuneration) from the Contractor or, in the event of intent or gross negligence, damages.
8. retention of title
- All delivered and installed parts remain our property until the customer has fully satisfied all claims arising from our business relations.
9 Extended lien
- The contractor shall be entitled to a contractual lien on the items that have come into his possession as a result of the order on account of his claim arising from the order.
- The contractual lien may also be asserted on account of claims arising from work previously carried out, spare parts deliveries and other services, insofar as they are connected with the subject matter of the order.
- The contractual lien shall only apply to other claims arising from the business relationship insofar as these are undisputed or a legally binding title exists and the object of the order belongs to the customer.
10. material defect
- Claims of the Customer due to material defects shall become statute-barred one year after acceptance of the object to be repaired.
- Defects shall be remedied by replacement or repair by us.
11 Place of performance and jurisdiction
- Place of performance for deliveries and services is Saarbrücken. Place of jurisdiction is Saarbrücken.
12. final clauses
- Should one or more of the above conditions become invalid, the remaining conditions shall remain unaffected. An ineffective condition will be replaced by both parties by a new effective one.
