1.1 The following general terms and conditions („GTC“) of wunderbar Industrial GmbH apply to all services that we provide in the context of current or future business relationships with our contractual partners – hereinafter referred to as clients. The following terms and conditions apply to private customers only insofar as this is legally permissible.
1.2 Conditions of a client that contradict or deviate from our general terms and conditions only become part of the contract if we expressly agree to them in writing. Our terms and conditions also apply if we are aware that the client is using terms and conditions that differ from or conflict with our terms and conditions.
1.3 Our terms and conditions become part of the contract with the beginning of the service to be provided by us. In the case of permanent business relationships, our terms and conditions also apply to future transactions in which no express reference is made to our terms and conditions, provided that they were received by the client in the case of an earlier order confirmed by us.
2 Offers, verbal orders and their subsequent changes
2.1 Our offers are non-binding until the order is confirmed in writing and require written confirmation from us in order to be effective.
2.2 Orders placed by the client represent binding offers. We can accept these orders – regardless of whether they are given verbally or in writing – within two weeks of receipt, either in writing or by providing the services specified in the offer / order. Oral orders are agreed, if technically and temporally possible, by means of a written order confirmation from the contractor. If the order confirmation is not contradicted within one working day, or at least up to 24 hours before execution, the order is deemed to have been placed.
3 subject matter of the contract
3.1 We provide our services on the basis of a separate individual contractual agreement. A specification of services; our offer and the order confirmation become the subject of the agreement.
3.2 We are obliged to carry out the services to be provided properly and professionally. If the services are to be provided outside of normal working hours, Monday to Friday, from 8:00 a.m. to 6:00 p.m., a special, usually written agreement about the working hours is required.
3.3 We only use professionally qualified and reliable staff. The personnel we use are monitored by us and receive their instructions exclusively from us. Unless otherwise expressly agreed, we will provide the necessary work material and equipment.
3.4 We determine the employees and the number of employees by whom the services to be performed are to be provided. We are entitled to entrust third parties with the performance of our tasks. There is no entitlement to the provision of services by certain workers.
3.5 The client is not authorized to issue instructions to the contractor’s employees. The employees of the contractor have no contractual relationship with the client.
4 obligations of the client
4.1 The client provides us with the energy required for the work to be carried out free of charge. In the case of cleaning work, the client must also provide the necessary water and disposal facilities free of charge. The client also provides suitable, lockable rooms free of charge for changing staff and for accommodating the contractor’s materials, devices and machines.
4.2 The client provides our employees with free access to the rooms in which the services are to be provided. He takes the necessary organizational and, if necessary, structural measures to enable us to fulfill our contractual obligations. This also includes ensuring that our employees have access to the property and locking the property after our respective activities have ended.
5 Obligations of the contractor
5.1 Our employees are obliged to refrain from inspecting files and any action that could endanger or violate official, business, Industrial and medical confidentiality. In the event of violations of this type, the client has the right to demand that a worker no longer be employed at a specific job.
5.2 We keep material rooms and magazines under lock and key. If these rooms are locked by us with locks, the client receives a key to be able to enter these rooms in an emergency.
5.3 The contractor guarantees that the work equipment used is suitable for ensuring the care and maintenance of the value of the objects to be cleaned, that the machines comply with recognized rules of technology and that the cleaning agents used comply with ecological regulations at the time the service is provided.
6 Remuneration, Payments
6.1 Our remuneration results from the contract concluded with the client, our written offer or our order confirmation. The prices are exclusive of statutory sales tax.
6.2 In the event of an increase in the wages / salaries of our employees, in particular in the event of tariff increases or in the case of a cost increase based on statutory provisions or in the case of an increase in the costs of material or technology, we are entitled to adjust the prices to the new circumstances against appropriate evidence.
6.3 Services that we carry out on Saturdays, Sundays or public holidays or at night at the request of the client will be charged with the surcharges set in accordance with the applicable tariff regulation. Agreed special services or additional services will be invoiced separately to the client.
6.4 Unless otherwise expressly agreed, our services are to be paid for within ten days (calculated from the respective invoice date) without deduction. Longer payment terms or discount deductions are only permitted if this has been individually agreed with us.
6.5 If the client is in default, we are entitled to charge interest at the statutory rate from the onset of default. For reminders, we are allowed to charge € 5.00 reminder fees per reminder level. The assertion of additional claims for damages remains unaffected.
6.6 If we become aware of circumstances on the basis of which we can assume that our contractual claims are jeopardized due to insufficient performance of the client, all our existing claims become due immediately. In such a case, we are also entitled to demand advance payments and to cease our services until all of our claims have been settled in full.
6.7 The client is only entitled to offset or assert rights of retention if his claims have been legally established or recognized by us.
6.8 At the beginning and during the execution of the order, we are entitled to request security in the form of deposit, security retention or by ordering a guarantee from a German bank.
7.1 Only performance or completion dates expressly agreed with us are binding for us. Our written order confirmation is decisive. If we subsequently accept changes to the scope of services, the agreed service or completion dates are postponed by an appropriate period of time depending on the scope of the change requests, unless we have expressly confirmed compliance with the originally agreed date in writing.
7.2 Two weeks after a non-binding performance deadline has been exceeded, the client can request us in writing to provide our performance within a reasonable period of time.
7.3 We are entitled to provide partial services as far as these are reasonable for the client.
8.1 The quality of the services owed by us results exclusively from the contractual agreements with the client. Information in samples, brochures or other advertising material is non-binding and in particular does not constitute a guarantee within the meaning of Section 443 of the German Civil Code (BGB); Rather, they only serve in a general form to describe our services and are only intended to give an idea of our services.
8.2 In the case of one-off services, acceptance takes place immediately or at the latest on the day following completion. If the client does not comply with the request for acceptance, the work is deemed to have been accepted.
8.3 Recurring services are deemed to be in accordance with the order and accepted if the client does not immediately raise reasoned objections in writing (at the latest when they are used). The time, place, type and extent of the defect must be precisely described.
9 Liability for Defects
9.1 Insofar as we provide consulting services, these are free ancillary services to which we are not obliged and from which the client cannot derive any claims, unless a separate paid additional order is placed.
9.2 Any defects in our services must be reported immediately in writing or verbally (by telephone) by the client. If there is a defect in the service for which we are responsible, we are entitled, at our discretion, to either remedy the defect or perform another contractual service.
9.3 If the supplementary performance fails twice, the client is entitled to assert his statutory rights.
9.4 Claims for liability for defects do not exist in the case of natural wear and tear or damage that arises as a result of incorrect or negligent handling or storage, excessive use, unsuitable equipment or due to special external (e.g. chemical or electrical) influences on which we cannot influence.
9.5 No guarantee is given for defects and damage that can be traced back to the fact that the client has not passed on important information about the type and quality of the surfaces and objects to be cleaned to the contractor.
9.6 Claims for liability for defects are also excluded in the following cases:
9.7 In the event of damage caused by the customer, even if it is not the responsibility of the client, e.g. B. in the case of damage due to welding work or concrete and plastering work or in the case of color changes that have been triggered by contact with such foreign substances that we have not used ourselves or in the case of damage caused by acids or alkalis, etc., which are caused by us have not been used.
9.8 There is no liability for damage that the client does not notify the contractor in writing within two weeks.
9.9 If improper changes or repair work are carried out by the client or a third party, there are no claims for defects in this respect and with regard to the resulting consequences, unless the client is able to prove that the changes or repair work were not the cause of a possible defect .
9.10 Claims based on defects generally become statute-barred one year after performance. This does not apply if the law (e.g. in §§ 438 Paragraph 1 No. 2 or 479 Paragraph 1 or 634a Paragraph 1 No. 2 BGB) prescribes longer periods or if the provisions of the VOB are expressly agreed . The one-year limitation period also does not apply in cases of injury to life, limb or health, or in the event of a breach of duty committed by us with willful intent or gross negligence, or in the case of assumption of a guarantee or in the case of fraudulent concealment of a defect.