1. Definition, General

Our General Terms and Conditions shall apply for all services rendered to the customer and will be accepted by the customer by placing of order. The General Terms and Conditions also apply to all future business relations without the necessity of a further explicit consent. Any contradicting conditions or customer’s conditions that deviate from our conditions are not accepted by us unless we explicitly approve their validity in written form.

2. Offers

Our offers are given subject to venue approval, site inspection, and availability of labor and equipment. Offers may be withdrawn or amended depending on the outcome.

3. Content and scope of services

The content and the scope of the services arise from the service specification and from the contract. These General Terms and Conditions are component of the contract. All statements in the offers are only binding on the condition of an explicit written confirmation from KLEINS (order confirmation). KLEINS shall be entitled to engage a third party In order to execute his services. No contract shall be concluded between the third party and the customer.

4. Dates and times

Dates and times for the delivery completion and provision shall be non-binding except where they are confirmed in writing by us. Any delays caused by strikes, lockouts, force majeure or other circumstances which are the results of an unexpected event and which do not fall under the scope of our responsibility. Customer shall release us from the compliance of accepted dates and times. Furthermore, we shall be entitled to revoke the contract or to postpone the services by the duration of the disorder excluding all claims for damages of the customer. Additional expenditure and costs relating to the rendered overtime, which may occur due to the mentioned reasons shall be refunded separately.

5. Acceptance and passing of risk

Acceptance shall take place by delivery of the subject matter of the contract or by putting into use of the same by the customer at the latest. The Risk of damage and the limiting or utilization, which may not be foreseen, passes to the customer with acceptance.

6. Prices and terms of payment

Our prices are fix prices insofar as no price changes for material, transport, and wages occur between the order and the execution. In case of exceeding payment periods, we will calculate minimum interests according to the respective bank rates for short term credits. This does not exclude the assertion of further damages caused by delay. Unless expressly agreed in written, the total amount will be due as follows:80% of the gross order value upon acceptance of offer and the remaining 20% at the time of delivery

7. Liability of the customer

The customer is obliged to use the services of KLEINS appropriately and to avoid any improper usage. In Particular on arbitrary structural alterations shall be executed and no bonding and decoration shall be affixed without our prior agreement. The customer shall be liable for any loss or damage of our property, which has been subject of the contract from the date of delivery until return in the amount of the current replacement value.

8. Copyright and ancillary copyright

KLEINS shall keep the ownership in all designs and drawings including all rights. The transfer of any property or copyright is subject to a written confirmation from KLEINS. In general, KLEINS is entitled to label his work and to advertise with it.

9. Liability (without warranty)

Any liability for our culpably behavior, also grossly negligent or deliberate behavior shall be disclaimed unless and fundamental contractual obligation has been neglected.In the case of a nonessential contractual obligation and in the event of a culpably behavior of KLEINS himself or of his legal representative, the liability shall be limited to grossly negligent of deliberate behavior. In general, the liability shall be limited to immediate damages and to the compensation of typical and predictable damages.

10. Warranty

The customer shall be obliged to obvious fallings or to the apparent absence of warranted characteristics with acceptance. Other failings or missing warranted characteristics are to be notified KLEINS without delay, at the latest two hours after their appearance. Otherwise, or in the case of improper, incorrect or inappropriate use or commissioning, any warranty of KLEINS shall be excluded. The warranty is limited to rectification of defects and replacement respectively. After a second failure, the customer shall be entitled to demand for the reduction of the adequate payment or to revoke the contract. Any claim beyond to the compensation of damages in all forms, also of damages which have not been the result of the delivery item are excluded unless the damages are the result of gross negligence or a deliberate act.In the case of gross negligence, the compensation shall be limited to the predictable damage at the time of the conclusion of the contract. Reasonable tolerances concerning the form, masses, color and consistence of the material as well as further technical development of the system components are contractual and do not entitle the customer to any claim.

11. Cancellation

The cancellation of the contract shall be excluded. If the customer rejects the execution of the contract due to reasons beyond our responsibility, the customer shall bear the following costs.
Up to 3 months before date of delivery:           30% of the gross order value
Up to 1 month before date of delivery:             50% of the gross order value
Up to 14 days before date of delivery:              75% of the gross order value
Less than 14 days before date of delivery:   100% of the gross order value

12. Retention of title

The ownership of the delivered items remains to KLEINS until complete payment of all claims in conjunction with the business relation including all additional claims and until encashment of bills which have been written out for this purpose. This applies irrespective of previous passing of risk.

13. Final clause

Oral additional agreements are not concluded. Changes of the contract are subject to written confirmation. If any clause of this contract should not be or become legally effective, this does not affect the validity of other provisions.The law of the Federal Republic of Germany applies excluding United Nations Convention on Contracts for the international sale of goods. Place of fulfillment shall be Düsseldorf. Place of jurisdiction shall be Düsseldorf concerning any litigation arising from the contract or in conjunction with the contract or with these General Terms and Conditions.