General Terms and Conditions (GTC) of Andreas Marte Construcciones S.L. 07/2019

I. General terms

1.1 We, the company Andreas Marte Construcciones S.L., within the framework of the performance conditions are hereinafter referred to as “Contractor (AN)”.

1.2 Unless expressly agreed otherwise, these terms and conditions apply to all our offers and contracts. They are part of the respective contract. Deviating general terms and conditions of the Customer shall not be accepted, even if we do not expressly object to them. Deviating terms and conditions of the Customer shall only apply if expressly confirmed by us in writing.

1.3 The latest version of our General Terms and Conditions shall also apply to all subsequent business transactions, without this having to be expressly mentioned or agreed at the time of their conclusion.       

1 Type and scope of service

The type and scope of the service to be provided shall be determined by the contract. The contract can be in written as well as verbal form.                                          

2 Remuneration

2.1 The agreed prices shall cover all services contractually agreed between the parties. The agreed prices may be lump sums, hourly rates or cost prices.

2.2 If other services, for which a lump sum has been agreed, are dependent on the service or partial service covered by a unit price, a reasonable change in the lump sum can also be demanded with the change in the unit price.

2.3 If the basis of the price for a service provided in the contract is changed as a result of a change in the contractual agreement or other instructions of the Customer, a new price shall be created taking into account the additional or reduced costs.

2.4 If a service not provided for in the contract is requested, the Contractor shall be entitled to special remuneration. However, he must announce the claim to the Customer before he begins providing the service.

2.5 The remuneration shall be determined on the basis of the price set for the contractual service plus the special costs of the requested service. It shall be agreed, if possible, before work commences.

2.6 If the Customer requests drawings, calculations or other documents which the Contractor does not have to procure according to the contract, the Customer shall pay for them.    

3 Documents

The documents required to provide the service shall be handed over to the Contractor free of charge and in good time.                                                                                                         

4 Dates

The agreed delivery or completion date shall only be binding if compliance is not made impossible by circumstances for which the Contractor is not responsible. Such circumstances shall also include changes and lack of documents (building permit, etc.) which are necessary to fulfil an order.                                                                                                                                                                                                                                                                                       

5 Acceptance

5.1 If the Contractor requires acceptance of the service after completion – if necessary also before expiry of the agreed execution period – the Customer must do this within 12 working days; another period can be agreed.

5.2 Acceptance may be refused until remedied due to material defects.

5.3 If no acceptance is required, the service shall be deemed accepted upon expiry of 12 working days following written notification of completion of the service.

5.4 If no acceptance is requested and the Customer has used the service or part of the service, acceptance shall be deemed to have taken place 6 working days after commencement of use, unless otherwise agreed.

5.5 The Customer shall immediately notify of any reservations due to known defects.

5.6 The risk shall pass to the Customer upon acceptance, unless the Customer already bears it at this point in time.                                                                                                           

6 Warranty and Liability

6.1 The warranty period for all work, repairs, etc. which are not construction work and for installed material is 1 year. This shall not apply if longer periods are prescribed by law or in cases of injury to life, body or health, in the event of an intentional or grossly negligent breach of duty on the part of the Contractor or in the event of fraudulent concealment of a defect.

6.2 In the event of a defect, the Customer shall set the Contractor a reasonable deadline for subsequent performance. In particular, the Customer shall ensure that the object complained about is available to the Contractor for inspection and performance of the subsequent service or commission the Contractor to do so.

6.3 If the Contractor is obliged to provide subsequent service, he may, at his own discretion, remedy the defect or remanufacture the work.                                                                                                                                                                                                                                                     

7 Termination by the Customer

7.1 The Customer may terminate the contract at any time before completion of the service.

7.2 The Contractor shall be entitled to the agreed remuneration. However, he must allow credit for the costs he saves as a result of the cancellation of the contract or acquires or willfully omits to acquire through other use of his labour and his business.

7.3 Notice of termination shall be given in writing.

7.4 The Contractor may demand measurement and acceptance of the work performed by him immediately after termination; he must submit an auditable invoice for the services performed without delay.                                                                                                             

8 Termination by the Contractor

8.1 The Contractor may terminate the contract if the Customer fails to make a payment that has fallen due or otherwise defaults on payment.

8.2 Notice of termination must be given in writing. It shall only be admissible if the Contractor has set the Customer a reasonable deadline for the performance of the contract without success and has declared that he will terminate the contract after the unsuccessful expiry of the deadline.

8.3 The previous services shall be invoiced according to the contract prices.                                                                                                                                                                              

9 Extended lien of the Contractor on movable property

The Contractor shall be entitled to a lien on the object of the Customer which has come into his possession as a result of the order on account of his claim arising from the order. The right of lien may also be asserted in respect of claims arising from work carried out earlier and other services insofar as they are connected with the object.    

10 Retention of title

10.1 Insofar as the installed or similar components do not become essential components as a result of the order placed, the Contractor retains title to these installed parts until all claims of the Contractor arising from the contract have been settled.                                                                                                                            

10.2 If the Customer is in default of payment or if he does not fulfill his obligations under the retention of title, the Contractor may demand the return of the object for the purpose of dismantling the installed parts.

10.3 All costs of retrieval and dismantling shall be borne by the Customer. If the repair is carried out at the Customer’s premises, the Customer shall give the Contractor the opportunity to carry out the removal at the Customer’s premises. Labour and travel costs shall be borne by the Customer.                                                                                                                         

11 Liability for damages

11.1 In the event of injury to life, limb or health resulting from a negligent breach of duty by the Contractor or an intentional or negligent breach of duty by its legal representatives or vicarious agents, the Contractor shall be liable in accordance with the statutory provisions.

11.2 In the event of injury to life, limb or health resulting from a negligent breach of duty by the Customer/Client or an intentional or negligent breach of duty by his legal representatives or vicarious agents, the Customer/Client shall be liable in accordance with the statutory provisions.              

11.3 The exclusions or limitations of liability shall not apply if the Contractor fraudulently concealed a defect or assumed a guarantee for the quality of the item.

11.4 The Customer’s claim for reimbursement of wasted expenses instead of compensation in lieu of performance shall remain unaffected.                                                               

12 Prices and terms of payment

12.1 The final prices are understood to be ex works of the Contractor including value-added tax.

12.2 All invoice amounts shall be payable in one sum immediately after the invoice has been issued. Partial payments are only possible if they have been agreed in writing in advance.

12.3 For services which are not included in the order or which deviate from the service description, a supplementary offer may be requested by the Customer or submitted by the Contractor. If this does not take place, these services will be invoiced according to time and measurement.

12.4 In the case of orders which take more than one month to complete, advance payments in the amount of 90 % of the respective value of the work performed are to be made depending on the progress of the work. The advance payments shall be requested by the Contractor and shall be made by the Customer within 7 days of the invoice date.                

13 Place of jurisdiction

The exclusive place of jurisdiction for all present and future claims arising from the business relationship with tradespeople, including claims based on bills of exchange and cheques, shall be the registered office of the Contractor.