Terms and Conditions

1. The specifications and price quotations are based on the currently valid values of wages, materials, and services. If these undergo changes independent of the will of the service provider, the latter reserves the right to adjust the prices proportionately. The customer has the right to cancel the contract within eight days of being informed of this price change.

Price offers are valid until 30 (thirty) days from date and can be changed unilaterally at any time up to the moment of acceptance by the customer. Prices are always stated exclusive of VAT when the services are delivered to business customers. Prices are always stated inclusive of VAT when services are delivered to an individual. Following acceptance by the customer, the service provider shall confirm the agreement in writing. The agreement can only be changed by a written agreement between the service provider and the customer.

2. The service provider shall make all reasonable efforts to deliver the services within the time specified in the agreement. If the service provider expects a delay in the delivery, the customer will be notified immediately. The service provider will then come to an agreement with the customer regarding the appropriate measures. The scheduled period of execution or delivery shall be suspended or extended due to any event beyond the control of either party, which is unforeseeable and not caused by negligence or intentional fault, or violation of law.

3. Complaints concerning the conformity concerning the services performed and materials delivered must be made in writing, within eight days of the completion of the work or delivery of materials, respectively.

4a. For business customers, a protest against the invoice must be made in writing within eight days from the invoice date. The customer is requested to always state the date and number of the invoice. Invoices that are not protested in writing and with reasons within 8 days of receipt will be considered as accepted, both as regards the details of the invoices and the specifications of the services or goods delivered.

4b. For individual customers, a protest against the invoice must be made in writing within 30 (thirty) days from the invoice date. The customer is requested to always state the date and number of the invoice. Invoices that are not protested in writing and with reasons within 30 days of receipt will be considered as accepted, both as regards the details of the invoices and the specifications of the services or goods delivered.

5. All invoices are due within 30 (thirty) days from the invoice date, unless otherwise stipulated.

6. If the service provider undertakes to carry out works and/or provide services or performance, half shall be paid upon signing the price offer or purchase order and half upon delivery or completion, unless otherwise stipulated.

7a. For business customers, in the event of non-payment of the invoice within the stipulated period, default interest equal to the legal interest rate of 10.5% (2023) shall be due from the due date by operation of law without prior notice of default. In addition, a fixed compensation of 10% on the total amount of the invoice, with a minimum amount of 50 euros, is due.

If the payment period is substantially exceeded, the service provider reserves the right to unilaterally terminate the contract without prejudice to the right to further compensation.

7b. For individual customers, in the event of non-payment of the invoice within the stipulated period, default interest equal to the legal interest rate of 5.25% (2023), shall be payable from the first notice of default.

In addition, a lump sum compensation of 10% on the total invoice amount, with a minimum amount of 50 euros, shall be due. In case of late performance of the contract attributable to the service provider, the service provider will owe similar compensation to the customer.

In the event of substantial late payment, the service provider reserves the right to unilaterally terminate the agreement without prejudice to the right to additional compensation. In case of substantial exceeding of the delivery/execution term attributable to the service provider, the customer reserves the right to unilaterally terminate the agreement without prejudice to the right to additional damages.

8. In case of cancellation of the contract, the service provider reserves the right to claim a lump-sum compensation amounting to 10% of the value of the order, with a minimum of €50, from the customer if work related to the contract had already been started, and this under the express reservation of the possibility for the service provider to claim higher compensation. If the contract is canceled by the service provider, it shall owe equal compensation to the customer.

 9. As long as the materials delivered have not been paid for, they shall remain the property of the service provider.

The transfer of ownership of the services or goods delivered by the service provider shall only take place upon full and complete payment for such services or goods. The customer is prohibited from pledging, selling, or disposing of the services or goods delivered and/or to be delivered to third parties in any way whatsoever, as long as he has not fulfilled all his obligations to the service provider; on first demand, the goods must be returned. The service provider reserves the right to assert the privilege of unpaid service provider on the goods sold by the customer towards third parties, by fulfilling the formalities required by law for this purpose. The transfer of risk takes place at the time of delivery of the materials.

10. All intellectual property rights to the products, services, and data made available by the service provider under the agreement shall belong exclusively to the service p

To the extent new intellectual property is formed in the course of performance of the agreement it shall belong exclusively to the service provider.

The customer warrants that it will not do or omit to do anything that infringes the intellectual property rights of the service provider.

11a. For business customers, in case of dispute, only the divisions of the courts or the justice of the peace court of the place where the service provider has its place of operation, headquarters or residence shall be competent.

11b. For individual customers, in case of dispute, only the courts of the customer’s domicile or the court of the place of performance of the contract shall be competent.

12. The agreement may be terminated by either party without any compensation in case of impossibility of its performance due to force majeure, strike, lockout, strike of the other party, etc.

13. Both parties reserve the right to consider the contract dissolved by operation of law and without prior notice of default in case of bankruptcy or apparent insolvency of the other party. In case of bankruptcy or apparent insolvency, the other party reserves the right to repossess the goods/advance payment.

14. Expenses associated with unpaid bills of exchange or checks as well as other collection costs are not included in this liquidated damages and will be charged to the customer separately.

15. In case of non-payment, the service provider reserves the right to stop further deliveries, performance, and services.

 16. The service provider can only be held liable for his intentional faults, as well as for serious obvious faults committed by her or her The service provider can in no way be held liable for indirect damage, economic loss or loss of profit resulting from a breach by her of an obligation based on the contract or these general terms and conditions. The liability of the service provider shall at all times be limited to the sum of the goods delivered as stated in the contract.

17. The nullity, unenforceability or unenforceability of one or more provisions of these general terms and conditions shall not affect the validity, enforceability or enforceability of the remaining provisions. The rights and obligations arising from the contract shall not be transferable to third parties, either in part or in full, without the prior and written consent of the service provider. The non-exercise by the service provider or by the customer of its rights, at any time, shall in no way imply the renunciation of those rights.