Until an order is accepted all quotations shall remain non-binding. If the client's order differs from our quotation, a contract shall not come into being until we confirm acceptance of the order.
2.2 Delay in delivery.
If the work that we are obliged to carry out is delayed by any act of God, legal strike, incapacity due to no fault of their own on the part of the contractor or any of its suppliers or inclement weather conditions, the agreed deadline shall be extended by the duration of the delay.
If the delay goes on for an unreasonable length of time, either party may cancel the contract without providing any compensation. If due to circum-stances for which the client is responsible the delivery cannot be made on the agreed date, risk shall transfer to the client at the juncture at which the latter received notice that the delivery was ready to be made. Any storage costs shall be borne by the client. We reserve the right to claim for further costs incurred by any such delay.
2.3 Notification of defects.
Business clients must raise objections in writing about any obvious deficien-cies in our service within two weeks of delivery of the goods or of signing off the service provided. After expiry of this deadline, claims in respect of any obvious defects or deficiencies can no longer be made. The more far-reaching provisions relating to commercial transactions shall remain unaffected.
2.4 Limitation of claims.
In respect of contracts with business clients not related to any construction service the warranty shall be for one year. In the case of repair work that does not constitute a construction service the warranty shall expire after one year regardless of whether the contract partner is a business or consumer client. The provisions of this section shall not apply in the event of wilful intent or gross negligence or if any claims are being made due to injury, fatality or health impairment or if the vendor has fraudulently failed to disclose the deficiency or has taken over a guarantee for the characteristics of the item supplied.
2.5 Fulfilling warranty services.
In the event of any justified complaints of deficiencies, we shall have the option of either making good the deficient items supplied or providing the client with a replacement, taking back the item about which, the complaint was made. As long as we attend to our duty to remedy the defect and at-tempts to make the matter good have not failed, the client shall not have the right to demand any reduction in price or cancellation of the contract. If mak-ing good or supplying a replacement is not possible or if this fails or we de-cline to do this, the client may at its discretion either demand an appropriate lowering of the price or cancellation of the contract. Sentence 1 shall not apply in the case of consumer transactions relating to the purchase of movable items.
2.6. Dismantling and installation costs.
The legal provision in purchase contract law shall apply without limitation to the claiming of dismantling and installation costs.
Where delivery is being made, we require that the vehicle is able to drive right up to the building and unload. Any additional costs caused by other transpor-tation routes or by the vehicle being hindered in its approach to the building shall be billed separately. For any deliveries to the third floor or above the client is to provide mechanical means of conveyance. Staircases must be passable and protected against damage. If the carrying out of our work or that of people commissioned by us is hindered by circumstances for which the client is responsible, the associated costs (e.g. working time and travel ex-penses) will be invoiced.
2.8 Down payment.
If no specific payment schedule has been agreed, we shall be able in relation to partial provision of work to demand a down payment to the value of the work rendered.