HMS Breitbach Entrümpelungen

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Terms and Conditions

Dear customer,
this English translation of the General Terms and Conditions is provided solely for the convenience of customers.
The translation is not binding on HMS Breitbach Entrümpelungen.
The German text is the sole authoritative and binding version and prevails in case of any conflict.

§ 1 General

The services and offers of HMS Breitbach Entrümpelungen are exclusively based on these terms and conditions.
These also apply to all future business conditions, even if they are not agreed again.
At the latest with the acceptance of the services, these terms shall be deemed accepted.
Counter-confirmations by the customer with reference to his business conditions are hereby contradicted.

§ 2 Offers and conclusion of contract

All offers are non-binding.
Declarations of acceptance and all orders, require written confirmation from HMS Breitbach Entrümpelungen.

§ 3 Prices

The prices are based on a survey and estimate.
Fixed prices and discounts are subject to a separate contractual agreement.
All prices are final.
VAT is not levied due to the exemption for small-scale entrepreneurs (pursuant to § 19 (1) UStG).

§ 4 Time and performance

Dates and deadlines, which are binding or non-binding, must be in writing.
The delivery of the service is extended according to the time delay, which the client is responsible for.
Termination and service delays due to force majeure and due to events, also in the own company, which makes the delivery of the performance considerably more difficult or impossible to the company
HMS Breitbach Entrümpelungen - including strike, lock-out, official orders, lack of energy, transport failure, etc. - leads to the suspension of the performance obligation and the deadline agreements.
They entitle the company HMS Breitbach Entrümpelungen to clear the dates and performances for the duration of the hindrance or to withdraw from the contract completely or partly because of the not yet fulfilled part.
If the delivery of the service is extended or the company HMS Breitbach Entrümpelungen is cleared of its performance obligation, the client can not derive any damage claims from it.
The company HMS Breitbach Entrümpelungen can only claim damages if the customer notifies the client without delay. If the company HMS Breitbach Entrümpelungen results in delays in the performance or performance,
the customer can withdraw from the non-fulfilled part of the contract after expiry of a grace period set by him.
Any partial services already rendered are excluded from the withdrawal.
Claims for damages are only guaranteed in cases of intent or gross negligence.

§ 5 Warranty

The HMS Breitbach Entrümpelungen company guarantees a clean and orderly work.
If, however, the activity still shows any defects or complaints, the contractual partner shall be obligated to immediately notify HMS Breitbach Entrümpelungen of such defects and complaints.
In this case, the company HMS Breitbach Entrümpelungen is obligated to remedy these defects.
If the contractual partner violates the obligation to notify, other warranty claims are excluded.
If the company HMS Breitbach Entrümpelungen does not succeed in remedying the complaints or deficiencies,
the contractual partner can demand a reduction of the remuneration or cancellation of the contract.
The warranty period is based on the existing statutory provisions.

§ 6 Terms of payment

The company HMS Breitbach Entrümpelungen provides commercial customers with a payment target of 14 days after invoice retention. The company HMS Breitbach Entrümpelungen requires private customers to settle the services on the spot in cash or by check.
A payment is only deemed to have taken place if the company HMS Breitbach Entrümpelungen can disposit of the amount. In the case of checks, payment shall only be deemed to have taken place when the check is cleared.
The contractual partner is not entitled to withhold or offset payments, except in the case of undisputed or legally binding counterclaims.

§ 7 Limitation of liability

Claims for damages resulting from the impossibility of performance, from positive breach of claims,
from fault at the conclusion of the contract and from tortious act are excluded both against the company
HMS Breitbach Entrümpelungen and against their fulfillment and / or vicarious agents,
unless intentional or grossly negligent action. Liability for indirect damages is excluded.

§ 8 Jurisdiction, partiality

Exclusive jurisdiction for all disputes arising directly and indirectly from the contractual relationship is Koblenz.
Should individual provisions of this Agreement be or become invalid or ineffective,
this shall not invalidate this Agreement and the remaining provisions.
The invalid provision shall be replaced by the respective statutory provisions.


HMS Breitbach Entrümpelungen

Raphael Breitbach
Bahnhofstraße 110
-D- 56170 Bendorf/Rhein

Tel: 02622 / 989 657 7....Fax: 02622 / 989 657 8

Mobil: 01520 / 7 64 40 40

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