Terms and Conditions
Terms
&
Conditions
- Conclusion of Contracts
All contracts concluded by Fitting Team Shopdesign GmbH are governed by the following General Terms and Conditions of Business and Delivery.
The general terms and conditions of other businesses shall not form part of the contract, even if we do not expressly object to them. - Order Confirmation
Contracts with Fitting Team GmbH are only concluded upon written confirmation of the order. Any amendments to the contract must be made in writing. - Reminder Fees
A flat-rate reminder fee of €5.00 will be charged for the first reminder, unless higher damages can already be claimed on the grounds of default. - Transfer of Risk, Dispatch and Transport
Goods which, at the request of the purchaser/customer, are dispatched to a location other than the place of performance shall be dispatched at the customer’s risk. Dispatch shall be at the customer’s expense. - Prohibition on Assignment/Prohibition on Set-off
Claims against Fitting Team GmbH may not be assigned.
Set-off against claims by Fitting Team GmbH is only permitted if the claim is undisputed or has been established by a final and binding court decision. - Liability
Fitting Team Shopdesign GmbH shall not be liable for damage caused by breaches of duty arising from slight negligence on the part of Fitting Team GmbH or its vicarious agents, unless such damage results from injury to life, limb or health, or from the breach of a cardinal obligation. - Acceptance
Acceptance of works – including partial acceptance, where agreed – must be carried out within 12 days at the request of Fitting Team Shopdesign GmbH. A different time limit may be agreed.
At the request of Fitting Team Shopdesign GmbH, the self-contained parts of the service must be accepted separately.
If no acceptance is requested following completion of the work, the service shall be deemed to have been accepted upon the expiry of 14 working days following written notification of the completion of the service.
If no acceptance is requested and the client has commenced use of the service or part thereof, acceptance shall be deemed to have taken place upon the expiry of 14 working days following the commencement of such use, unless otherwise agreed.
Acceptance shall be deemed to have taken place if the contractor issues a certificate of completion in accordance with Section 641a of the German Civil Code (BGB).
- Notices of defects and warranty claims
Obvious defects must be reported within 14 days of completion or delivery of the work at the latest. The timeliness of such notices of defects is determined by the date on which the notice is dispatched.
In the event of defects, the customer/purchaser may initially only assert rights to subsequent performance or rectification.
The customer/purchaser reserves the right, should subsequent performance or rectification fail, to reduce the price or, unless the liability for defects relates to construction work, to withdraw from the contract at their discretion. - Progress payments
Fitting Team Shopdesign GmbH may require the customer to make progress payments for the contractual services rendered in respect of self-contained parts of the work.
This also applies to any necessary materials or components that have been specially manufactured or supplied. - Cost estimates
Cost estimates are subject to a charge if the obligation to pay has been agreed in a separate agreement. It may be agreed that the aforementioned cost estimates shall be set off against the price of the work. - Late Payment
Claims for payment are due immediately upon invoicing. If claims for payment are not settled within 30 days of the due date and receipt of the invoice, interest shall be charged at a rate of 8 per cent above the base rate, unless a higher rate of interest may be claimed on other legal grounds or a payment term has been specified.
For payments made within 10 days of the date of invoicing, Fitting Team grants a 2 per cent discount on the net invoice amount. - Place of jurisdiction and place of performance
If the contracting parties are traders, the place of jurisdiction shall be the registered office of Fitting Team Shopdesign GmbH in Munich. The same applies to the place of performance. - Severability clause
Should any of the above terms and conditions be or become invalid in whole or in part, the remaining provisions shall remain unaffected. In the event of invalidity, the parties are obliged to agree on a provision that comes as close as possible to the economic purpose of the invalid provision. - Governing Language
The German version of these General Terms and Conditions is the legally authoritative version. The English translation is provided for convenience purposes only. In the event of any discrepancy, inconsistency or difference in interpretation between the German version and any translation thereof, the German version shall prevail.