General Terms and Conditions

I. General information:

1. The basis for the orders accepted by Lawrenz Ausbau GmbH (LAG) is the German Construction Contract Procedures (Verdingungsordnung für Bauleistungen) in the version valid at the time of submission of the offer, Part B (VOB/B). This is supplemented by the following terms and conditions. Overall, the VOB/B and the following terms and conditions are agreed for all possible future business relationships and take precedence over any deviating terms and conditions of the client.

2. All contractual agreements must be made in text form. This also applies to deviations and additions to this contract. The waiver of this text form requirement can also only be made in text form.

II. Quotation and design documents:

1. The deadline for validity of quotations is one week from delivery.

2. LAG’s property rights and copyrights to cost estimates, drawings and drafts prepared by LAG, as well as their mathematical basis, shall remain the exclusive property of the contractor. These documents may not be reproduced or made accessible to third parties without the consent of LAG and must be returned to LAG immediately if an order is not placed. If a order is placed, the client may retain these documents.

3. It is the responsibility of the client to check whether public law permits are required for the services ordered. Such permits and other permits shall be procured by the Client. The Contractor shall make the necessary documents available to the Client on request.

III. Prices:

1. The individual prices quoted by LAG are only valid within the framework of the respective overall quotation. Travel times are calculated separately.

2. Costs for overtime, night work, work on Sundays and public holidays and work under difficult conditions shall correspond to the price list valid at the time of commissioning and/or the quotation.

3. In the event of a delay or interruption of the services to be performed by the contractor for a total period of more than three months for which LAG is not responsible, LAG shall be entitled to either terminate the contractual relationship and/or to invoice the services already performed and to make a price adjustment for the work still outstanding. LAG shall also be entitled to demand compensation for the costs incurred with regard to the part of the service not yet performed and which are included in the contract costs for the part of the service not yet performed. A cost adjustment shall be made according to the special costs of the requested service. The Contractor’s rights arising from Section 6 Clauses 5 and 6 VOB/B shall remain unaffected.

IV. Payments:

1. All payments are to be made non-cash

2. Payment in accordance with our terms of payment in our order confirmation.

3. Remains free

4. If the terms of payment are not complied with or if circumstances become known which seriously call into question the creditworthiness of the client, all outstanding claims shall become due immediately.

5. § Section 16 No. 3 (2) VOB/B does not apply.

V. Delivery time and installation:

1. If execution deadlines have not been agreed, work shall commence immediately after the first order confirmation, depending on the availability of materials, provided that the client has provided the documents required in accordance with II clause 2, an immediate start of execution at the construction site is guaranteed and any agreed advance payment has been received by the contractor.

2. During the execution of the work, a lockable room for the storage of building materials and tools etc. and for the occupation of site personal, must be made available free of charge on site. Services and equipment shall become the property of the client.

3. Site electricity, site water and sanitary facilities are to be provided by the customer free of charge.

VI. Reservation of ownership:

LAG retains ownership of the items it supplies until payment has been made in full.

The Contractor may dismantle items that have already been installed if the Client fails to meet payment deadlines. These items shall become the property of the Contractor again at the latest upon dismantling.

For this case, the client expressly authorises dismantling. In addition, he shall bear the costs incurred as a result.

If the dismantling of such objects is not possible for legal or factual reasons, the client hereby transfers this claim or the right of co-ownership of the entire object to Lawrenz Ausbau GmbH in the amount of the contractor’s claim plus 10% security, insofar as claims against third parties or co-ownership in favour of the client should have arisen as a result of the installation of such objects.

VII. Acceptance and risk transfer:

Services rendered by LAG are to be accepted after completion of the service, even if final adjustment has not yet taken place. The same applies after successful trial commissioning.

Even before acceptance, the risk shall pass to the client if the assembly is interrupted for reasons for which the client is responsible and LAG has handed over the services rendered up to that point to the client by mutual agreement.

(The other provisions in VII already result from § 7 VOB/B, in particular in conjunction with § 6 No. 5 VOB/B, as well as from § 287 BGB).

VIII. Liability

1. According to Section 10 (1) VOB, Part B, the contracting parties (client and contractor) are contractually liable to each other for:

1. own fault and
2. the fault of their legal representatives and persons they use to fulfil their obligations.

2. Overall, the liability of LAG for damages of any kind, except for bodily injury, is excluded, regardless of the legal grounds, unless LAG, its legal representative or its vicarious agents act with intent or gross negligence.

IX. Court of jurisdiction:

The place of jurisdiction and place of performance shall be the registered office of the Contractor’s commercial branch.