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General Terms and Conditions of Sale and Delivery

1 Contractual basis

1.1 The following order shall apply:

  • The contract, including the individual agreements, as well as the plans and drawings prepared for the respective order
  • The descriptions in our offers for the respective staircase, as well as the specifications in our technical terms of delivery and
  • product descriptions
  • The general terms and conditions of sale and delivery listed here
  • The German Construction Contract Procedures (VOB) Part B

 

1.2 The customer acknowledges that the provisions contained in these General Terms and Conditions shall become an integral part of the contract and that the customer's own contractual provisions deviating from these shall not apply, even if reference is made to them in the customer's correspondence. 1.3 All additional agreements and amendments must be made in writing.

 

2 Scope of services and quality

2.1 The relevant DIN quality and dimensional regulations apply to all services and deliveries, in particular DIN 68368 "Hardwood lumber for staircase construction - Quality conditions" and DIN 18065 "Residential staircases - Dimensions" 2.2 Approval number ETA-06/0154 "System Krieger" Stairs - Quality controlled 2.3 Wood is a natural product and therefore color tones and grains are never uniform. Longitudinal joints or galvanizing are possible for components over 2 m long, as well as bends, and veneer joints for round-glued components. Diagonal gluing is permissible for pedestals. Joint markings cannot be ruled out with fine-pored woods. 2.4 Unless a specific wood grade is agreed or sampled separately, the grading provisions of DIN 68368 "Hardwood lumber for staircase construction - Quality specifications" shall also apply mutatis mutandis to woods other than beech or oak. deviations from submitted wood samples are possible and permissible, provided they are within the natural color and structural range peculiar to the respective wood species. No claims can be derived from such deviations. The change in color tone of some solid woods due to the effects of light over time is assumed to be known. 2.5 We reserve the right to tolerances of 5% for all agreed wood dimensions. Insofar as static requirements make this necessary, we also reserve the right to make further changes to the wood dimensions. This shall not give rise to any objection on the part of the customer.

2.6 In the case of terraced house projects and other series projects, it is agreed that production and installation shall be carried out in one go. 2.7 It is the customer's responsibility to check whether the staircase offered corresponds to the intended use with regard to the building regulations. 2.8 The customer must create the conditions for unhindered delivery and installation of the staircase. We shall charge separately for any costs arising from waiting times, interruptions, access roads and parking spaces that do not extend to the installation site, chiseling and masonry work, removal of old installations, gross contamination or prior clearing of the construction site. Costs for any resulting rework or removal of damage shall be borne by the client. 2.9 Walls along the flight of stairs must be at least 17 cm thick and clamped on three sides in the case of wall-mounted stairs and must not contain any installations or reinforcements up to a depth of 9 cm. However, if there are installations in the staircase area, these must be marked by the client without being requested to do so before installation begins. Ceiling edges and floors at the beginning (starting post) and end of the staircase (exit post and exit step) must also be kept free of installations. We are not liable for any damage caused by installation drilling; we are not obliged to inspect the substrate or installations, and drawings showing all connection points can be provided on request. Floor coverings may only be laid in the exit area of the staircase after the staircase has been installed. If the steps are fitted with granite inserts, the screed must be left approx. 15 cm behind in the area of the exit step. 2.10 Site electricity (16 amps) at a maximum distance of 25 m from the stairs must be provided by the customer. 2.11 If steps or railing parts are supplied with protective covers and/or foil wrappings, the customer must ensure that these protective covers are handled properly and remain properly attached. They must be removed by the customer after the house has been occupied, but no later than 5 weeks after the stairs have been installed. Exposure to light and sunlight can cause differences in color between uncovered wooden parts, which will only even out over time. 2.12 If the staircase cannot be installed before the painting work, rough plaster, textile wallpaper or other wall coverings, any necessary reworking of these surfaces will not be reimbursed by us. On special request, wall drilling can be carried out before this work (extra charge). Re-plastering work at all fixing points must be carried out by the client. When repairing the plaster around the wall bearing holes, the rubber bearing must not be covered up to the steel bolt, otherwise the plaster will flake off. The grouting of recesses or connections such as ceiling edges is the responsibility of the client. Contamination of the wall surface by drilling dust shall not give rise to any claims for damages. 2.13 Deviations in quantity resulting from a subsequent change in the planning or construction work compared to the agreement shall entitle us to claim additional remuneration in accordance with §2 No. 7 VOB / B, even in the case of a lump-sum price contract. Additional services compared to the tendered quantities shall be invoiced in accordance with the measurement at the unit prices offered.

 

3 Delivery

3.1 The customer must inform us in writing as soon as possible of any delays in construction progress and their duration. 3.2 Carcass stairs remain our property; we are entitled to remove them at any time after the agreed delivery date of the wooden stairs.

4 Warranty, notification of defects

4.1 No compensation shall be paid if the staircase or surface is incorrectly treated. The same applies if the stairs have to be installed in a climate that is not suitable for living space. If no care instructions are enclosed, these can be requested from us. 4.2 Manufacturing, installation and material defects will be rectified within a reasonable period of time at our discretion, exclusively by replacement or repair, unless the repair has failed. If the rectification is not successful even after a second attempt or is otherwise unreasonable for the customer, we shall grant a price reduction. A right of withdrawal shall only arise if the customer cannot reasonably be expected to accept the remaining defect despite the price reduction. 4.3 Further warranty and damage claims, as well as claims for consequential damages, are excluded, except in the case of intent, gross negligence or in the absence of expressly warranted characteristics.

4.4 Obvious defects, such as surface and paint damage or dimensional inaccuracies, must be reported within 10 working days of delivery or installation and, if applicable, removal of any protective step covers still attached. Failure to give notice of defects shall invalidate the corresponding warranty and compensation claims.

4.5 If there are small children in the staircase area, we recommend the installation of child safety gates (available from specialist dealers) and child safety rails below the front edges of the steps due to the risk of accidents. In the case of stairs with railings and horizontal balusters, we expressly draw attention to the danger of children climbing the stairs. The client's attention was drawn to the possibility of protection (children's doors, curtained panes). If the staircase is resold, the buyer must always be made aware of the dangers in writing! We exclude any liability for accidents in this respect. When placing an order for such a railing, we assume that you are aware of the danger.

5 Prices and payments

5.1 Unless otherwise agreed, invoices are payable immediately without deduction. If the customer does not pay, we may set the customer a reasonable grace period. If he also fails to pay within the grace period, we shall be entitled to the statutory default interest from the end of the grace period, unless we can prove a higher damage caused by default. 5.2 The validity of §16 No. 3 Para. 2 and 4 VOB / B is expressly excluded. Even the unconditional acceptance of a final payment marked as such does not exclude a subsequent claim on our part. 5.3 If the delivery date is delayed for reasons for which the customer is responsible, we may charge additionally for any cost increases that have occurred in the meantime, as well as for compensation for use if the staircases remain with the customer beyond the originally agreed period of use.

5.4 Orders that have already been placed and confirmed and are in progress cannot be canceled. The client is at liberty to prove lesser damages. If the object is not yet in progress, the client may cancel the order for a fee of 10% of the final price of the order. 5.5 If the client is in arrears with payment, we may demand full payment of the pre-deliveries and advance payment before making further partial deliveries. 5.6 The place of jurisdiction for all disputes is the competent court at our registered office.

 

6 Final provisions

6.1 Should any of the above provisions be invalid, this shall not result in the invalidity of the contract as a whole, but the provision shall be replaced by a valid provision which comes closest to the economic purpose; §139 of the German Civil Code shall not apply in this respect. The remaining provisions shall remain effective unchanged.