GENERAL TERMS AND CONDITIONS
Company Betsa GmbH
1. Scope of these Terms
1.1 These general terms and conditions for construction services only apply to consumers (§ 13 BGB). They also apply to all future transactions with the client.
1.2 Deliveries and services by Betsa GmbH (hereinafter also referred to as contractor or contractor) are carried out exclusively on the basis of these General Terms and Conditions (GTC). Deviating conditions of the customer (hereinafter also referred to as client or AG) are not recognized unless Betsa GmbH has expressly agreed to them in writing.
1.3 These General Terms and Conditions also apply if the contract is executed without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
1.3 References to the validity of legal regulations only have clarifying meaning. Even without such a clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these General Terms and Conditions.
2. Conclusion of contract
2.1 Offers contained in brochures, advertisements, etc. – including with regard to price information and construction work – are subject to change and initially non-binding. A possible binding period for the offer can be found in the respective offer.
2.2 In principle, the workload estimated in the offers is based on empirical values. Actual working hours may vary due to unexpected events etc. Directed work for additions, special requests and unforeseeable services due to underground problems that are not identified in a separate position in the offer will be charged based on the time required.
2.3 Technical changes to the components or technical further developments are reserved provided that they are comparable or equivalent. Betsa GmbH reserves the right to make changes even after an order confirmation has been sent, provided that these changes do not contradict either the order confirmation or the customer’s specifications. The customer will agree to any additional suggestions for changes made by Betsa GmbH to the extent that these are reasonable for the customer.
2.4 The customer’s order represents a binding offer, which Betsa GmbH can accept within two weeks by sending or handing over an order confirmation. Offers previously made by Betsa GmbH are non-binding. Oral promises, side agreements and assurances from employees must be in writing to be legally valid; This also applies to additions or modifications.
2.5 Betsa GmbH is entitled to transfer parts or the entire order to third parties. The customer’s consent is not required for this.
3. Parts of the contract
3.1 The subject of the contract are the products and services specified in the order. The selection of the individual components, unless explicitly stated in the order confirmation, is made by Betsa GmbH.
3.2 Parts of the contract also include, if available, construction drawings, construction descriptions, service specifications and other technical documents such as product and material descriptions, provided they are expressly mentioned in the contract.
3.3 We reserve ownership rights and copyrights to illustrations, drawings, calculations and other documents. The customer may only be made accessible to third parties after written confirmation.
3.4 The customer is entitled to request changes to the execution even after the contract has been concluded. However, such requests for changes will only become part of the contract if they are reported in a timely manner and an agreement is reached on the change in remuneration. If one of these requirements is missing, the contractually agreed construction remains.
4. Offsetting, right of retention
4.1 If the customer cancels the order for reasons within his control, Betsa GmbH is entitled to a flat rate of 10% of the agreed fee for the lost profit without proof. We reserve the right to assert higher claims and to prove that less or no damage has occurred.
4.2 Offsetting against Betsa GmbH’s remuneration claims is only permitted for claims arising from this contractual relationship, unless the claims set off are undisputed or have been legally established.
4.3 A right of retention against Betsa GmbH’s claims for remuneration can also only be exercised due to claims arising from this contractual relationship; If a right of retention is exercised, Betsa GmbH is entitled to provide security due to the alleged counterclaims. The amount of the security deposit is determined according to the reasonable costs of the defect or damage due to which the right of retention is exercised. At Betsa GmbH’s discretion, the security can be provided by depositing or providing an irrevocable and unlimited contract performance bond.
5. Customer’s obligation to cooperate
5.1 Unless expressly agreed otherwise, it is the customer’s responsibility to provide a developed or ready-to-develop piece of land suitable for the proposed development. If the work is the subject of the contract, access must be guaranteed without restrictions on weekdays from 7:00 a.m. to 7:00 p.m.
5.2 If necessary, obtaining the building permit or reporting the construction project to the building supervisory authority as well as obtaining any other official permits required to carry out the construction work is the responsibility of the builder. The customer undertakes to hand over these documents without being asked before construction begins. As long as these documents are not available, there is no entitlement to performance of services.
6. Compensation and payment conditions
6.1 Unless billing based on standard prices has been expressly agreed, the remuneration for the contractually agreed scope of services is firmly agreed. Adjustment rights due to increases in material prices are expressly included in the offer. A right of adjustment also exists if there are more than 6 months between the order and the planned implementation date.
6.2 If the statutory VAT increases, it will increase in the ratio between the parties for all advance claims that follow after the tax change comes into force, unless the law expressly provides for a different regulation.
6.3 Unless otherwise agreed, the payment deadline for all claims arising from this contract is 7 calendar days. Payments must be made in such a way that they are received by Betsa GmbH on the last day of the payment period at the latest.
6.4 In the event of late payment, Betsa GmbH is entitled to stop work and terminate the contract. The prerequisite for this, however, is that Betsa GmbH has given the customer a reasonable deadline in advance to fulfill the contract and at the same time declared that Betsa GmbH will terminate the contract if the deadline has expired without result.
6.5 Betsa GmbH is entitled to demand advance payments and advance payments before work begins, the amount and due date of which are determined by the contract and these general terms and conditions.
6.6 The deduction of cash discounts requires a special written agreement.
6.7 The terms of payment in the offer or order confirmation from Betsa GmbH are decisive for the due date of payments. If the offer or order confirmation does not contain any or incomplete payment terms, the total compensation is due according to the cost tracking table, which is sent to customers before or during the start of execution.
7. Execution and acceptance
7.1 Betsa GmbH must observe the recognized rules of construction technology when carrying out construction. We reserve the right to make design, shape and color changes based on improvements in technology, legal requirements or official requirements, provided the changes are not essential or otherwise unreasonable for the customer.
7.2 If Betsa GmbH itself does not receive deliveries, even though the materials required for construction have been ordered from reliable suppliers in a timely manner, any agreed completion date will be postponed accordingly. Betsa GmbH undertakes to inform the customer immediately of any construction delays that occur. The same applies in the event of force majeure, e.g. due to sudden changes in the weather.
7.3 Upon completion of the construction work owed, both parties are entitled to request a formal acceptance and – with a notice period of 7 working days – to set an acceptance date. If the other party does not appear at the acceptance date or if no appointment is scheduled by the customer, acceptance is deemed to have taken place.
7.4 Acceptance by the customer must take place when the construction work – apart from insignificant defects — in accordance with the contract are attached. Acceptance can only be refused if the service carried out has defects that significantly affect the agreed use or justify the right to change.
7.5 Upon acceptance, the benefits, burdens and risks are transferred to the client.
8.1 If an agreed completion deadline cannot be met due to circumstances beyond the control of the contractor, it will be extended appropriately. In such a case, Betsa GmbH is obliged to inform the customer immediately.
8.2 In the event of a delay in performance, the customer is entitled to demand compensation for the resulting damage, provided that this is within the scope of what is typical for the contract or what was foreseeable when the contract was concluded by Betsa GmbH.
8.3 In the event of a delay, the customer must give Betsa GmbH a reasonable grace period in writing (usually at least 4 weeks) for completion. This also applies to partial services owed, provided that special completion deadlines have been agreed for them. If this period has expired without result, the customer is entitled to withdraw from the contract or to demand compensation instead of performance. Liability for damages is limited to 50% of the damage incurred.
8.4 The limitation of liability does not apply if the delay is based on intent, gross negligence or a material breach of duty.
9. Retention of title
9.1 Betsa GmbH reserves ownership of the delivered building materials until all claims against the customer from the contract and, if relevant, the business relationship have been satisfied.
9.2 The customer may, to the extent and as long as Betsa GmbH retains title, neither assign nor pledge building materials as security without the consent of Betsa GmbH. Conclusion of financing contracts that include the transfer or pledging of reserved rights of Betsa GmbH require prior written consent from Betsa GmbH, unless the contract obliges the financing institution to pay the due remuneration immediately Betsa GmbH to pay.
9.3 In the event of seizures and other interventions by third parties in the materials covered by Betsa GmbH’s retention of title, the customer must immediately notify Betsa GmbH in writing.
9.4 The customer is obliged to treat the materials with care until the order sum has been paid in full. In particular, he is obliged to adequately insure them at their new value against theft, fire, water and transport damage at his own expense. Deviating agreements must be made in writing.
9.5 Even if delivery or service items have become an integral part of the property, if the agreed payment dates are not met, the customer undertakes to allow Betsa GmbH to dismantle the property and to transfer ownership back, including the dismantling costs and other associated costs are borne by the customer.
10. Warranty and Liability
10.1 If the customer is a consumer according to § 13 BGB is the statutory deadline for the limitation of claims for defects. The period begins from the transfer of risk or acceptance of the work. If the defect is eliminated, Betsa GmbH will cover the costs for spare parts and wages.
10.2 The customer’s rights are initially limited to repairs. If this fails, the customer must set a second deadline for improvement if this is reasonable. After the deadline has expired, the customer is entitled to reduce the remuneration or to demand withdrawal.
10.3 In the event of a breach of duty that does not consist of a defect in the service, the customer is also entitled to withdraw from the contract if legal representatives or vicarious agents of Betsa GmbH are guilty of a grossly negligent or intentional breach of duty. llt.
10.4 If a defect is due to a special instruction from the customer, or the execution documents provided by the customer or the material provided by the customer or the customer’s own work, Betsa GmbH is exempt from the warranty with regard to this defect. The same applies to damage caused by changes or repair work by the customer or third parties not involved by Betsa GmbH.
10.5 The assertion of rights based on defects requires that the type or serial numbers of the modules and also the nameplates of the other components are not changed, deleted, removed or otherwise made illegible. Otherwise, Betsa GmbH reserves the right to refuse replacement services. If the examination of the notification of defects shows that a warranty case does not exist, the costs incurred are to be borne by the customer.
10.6 If the breach of duty results in injury to life, limb or health of the customer, the customer may, in addition to withdrawal, also demand damages instead of performance.
10.7 Liability for injury to life, body or health remains unaffected. This also applies to mandatory liability under the Product Liability Act as well as liability due to fraudulent concealment of a defect or due to the assumption of a guarantee.
10. 8 Betsa GmbH expressly reserves the right to make changes in the design, choice of materials and -design, profile design and other changes that serve technical progress, even without prior notice. This does not constitute a defect.
10.9 Minor color deviations (e.g. due to manufacturing) are considered to be in accordance with the contract. and do not represent defects.
10. 10 Betsa GmbH is liable in accordance with the statutory provisions if the customer asserts claims for damages that are based on intent or gross negligence, including intent or gross negligence on the part of its representatives or vicarious agents. As long as Betsa GmbH is not accused of an intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damage.
10.11 Betsa GmbH is liable in accordance with the statutory provisions if an essential contractual obligation is culpably violated. In this case, however, liability for damages is limited to foreseeable, typical damage. Liability is excluded for simple negligent violations of non-essential contractual obligations. These limitations of liability also apply to the extent that the liability for legal representatives, executive employees and other vicarious agents is affected.
10.12 If the customer is entitled to compensation for damage instead of performance, Betsa GmbH’s liability is generally limited to compensation for foreseeable, typically occurring damage.
10.13 The performance and product guarantees of the manufacturers of the components used (PV modules and inverters) are granted exclusively by the manufacturers. After the warranty period has expired, claims arising from these guarantees must be made directly against the manufacturer.
10.14 Further claims by the customer are excluded, in particular compensation for damages that did not arise from the subject matter of the contract itself or for income that can normally be achieved with the subject matter of the contract.
10.15 Liability for defects lapses if the customer has not given the opportunity to repair or provide a replacement within a reasonable period of time.
10.16 Betsa GmbH does not provide any investigations or calculations regarding the statics or load-bearing capacity of the subsoil or the structure on which the deliveries and services are placed.
10.17 To the extent that liability for damages towards Betsa GmbH is excluded or limited, this also applies with regard to the personal liability for damages of employees, employees, employees, representatives and vicarious agents of Betsa GmbH.
11. Severability clause
11.1 If individual provisions of the contract, its components or these general terms and conditions are invalid, this will not affect the effectiveness of the remaining provisions of the contract, its components and these general terms and conditions. Rather, the invalid provision will be replaced by one that comes closest to what the contracting parties intended in accordance with the content of the contract in a legally permissible manner. The same applies if a gap that needs to be filled becomes apparent during the execution of the contract.
12.1 The customer agrees that Betsa GmbH may name construction services as a reference, publish them and advertise with photos or videos. The designation of reference customers is regulated separately in each case.
13. Data protection
13.1 Betsa GmbH uses the personal data provided by the customer (name, address, email address, telephone number) confidentially and in accordance with the law. the legal provisions of the Federal Data Protection Act and the Teleservice Data Act. The data necessary for order processing is stored and, if necessary, passed on to vicarious agents as part of the order execution. Furthermore, Betsa GmbH reserves the right to use customer data in a permissible manner for its own advertising purposes (e.g. sending information material). The customer is entitled at any time to object to Betsa GmbH’s use, processing or transmission of their data for marketing purposes. After receiving the objection or revocation, Betsa GmbH will immediately stop sending advertising material.
14. Final provisions
14.1 The contract language is German.
14.2 We would like to point out that, despite proper protective measures, noise and dust may be generated during construction, particularly during renovation work.
14.3 Buildings can settle despite proper foundation. Due to this, settlement cracks of up to a cross-section of 0.2 mm, which come to rest after the building has settled, do not generally represent a defect.
14.4 If there are disagreements about acceptability, the existence of defects, compliance with deadlines or the appropriateness of compensation claims, Betsa GmbH recommends obtaining an arbitration report that is binding for both parties or the Conducting an arbitration procedure in accordance with the Conciliation and Arbitration Regulations for Construction Disputes (SO Construction). Betsa GmbH already declares its consent to obtain an arbitration report or to carry out arbitration proceedings.
14.5 These General Terms and Conditions can be viewed in printed form on our premises or on our homepage at www.betsa.de.
Tel.: +49 89 9017 9802