§ 1 Subject Matter of the Contract

The following conditions apply to all contracts concluded between Ralph Geuenich GmbH – hereinafter referred to as We – and the client – hereinafter referred to as You. These include, among others, contracts that involve construction services, maintenance services, or other building technology services.

§ 2 Provided Documents

We retain ownership of all documents provided to you. You may use or modify these only with our consent.

§ 3 Conclusion of the Contract

A binding contract between you and us is only concluded after we have confirmed the order. You will receive the order confirmation via email to the address you provided when you contact us. In other cases, we will send it to you either by email, post, or fax.

By inquiring with us, you initially contact us without obligation. We will then send you a non-binding offer via email, but only after an on-site inspection. If you agree with the non-binding offer sent by email, you can click on the link in the email and order the offer, which will incur a payment obligation. You can also accept our non-binding offer directly by email. Of course, you can also place the order via fax or letter. You will then receive an order confirmation from us at the email address you provided. A valid contract between you and us is only concluded upon receipt of this order confirmation.

§ 4 Contractual Obligations

You agree to provide us with all necessary documents required to fulfill our contractual obligations.

Additionally, you agree to obtain the necessary permits for the installation itself, as well as those required for the commissioning of the system. Where necessary, we will provide you with the required documents to obtain these permits.

§ 5 Remuneration and Acceptance

The agreed remuneration must be paid upon acceptance of the work, and no later than upon receipt of an invoice.

If we have agreed that interim payments (Abschlagszahlungen) are to be made, you must pay these upon receipt of an interim payment invoice. The interim payment will be separately listed in the final invoice and deducted from the total amount of the final invoice.

Our service is to be accepted by you or a person authorized by you upon completion. If acceptance is not practically possible, acceptance is deemed to occur upon commissioning of the system.

§ 6 Retention of Title

1. Items provided or installed by us or a third party on our behalf remain our property until full payment of all claims arising from the contract concluded between you and us.

2. You are obligated to handle the items that have not yet transferred into your ownership with care. Necessary maintenance or inspection work must be carried out at your own expense.

3. As long as the retention of title or extended retention of title exists, you are obliged to inform us immediately if an item or items have been seized. You are liable for any damages incurred by us due to the seizure.

4. If the items delivered by us or delivered on our behalf are combined with items not owned by us, we acquire co-ownership of the new item created through processing in proportion to the objective value of our item compared to the other processed items at the time of processing. This also applies in case of mixing. If our item becomes a subordinate component through mixing and an item owned by you is to be regarded as the main component, you transfer to us co-ownership proportionally.

§ 7 Transfer of Risk

Until acceptance of the service, we bear the risk of accidental loss. If such loss occurs due to force majeure, other objectively unavoidable events, or circumstances beyond our control, we are entitled to payment for the services rendered up to the point of loss (e.g., labor costs, material costs, or other costs related to the service).

If you are delayed in accepting the service, the risk of accidental loss transfers to you upon the occurrence of the delay.

The risk of accidental loss also transfers to you if we have to interrupt the work due to circumstances for which you are responsible, and you agree to take custody of the services provided up to that point.

§ 8 Liability

1. The warranty for services provided by us is governed by § 13 of the Regulation for Construction Services, Part B (VOB/B).

2. Minor deviations in color compared to the order and variations resulting from the use or combination of different materials are considered contractual and acceptable.

3. Technical improvements or necessary technical changes compared to the order or performance description are also considered contractual. This does not apply if they result in a deterioration of value.

§ 9 Applicable Law

This contract and all legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 10 Gerichtsstand

If you are a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising from the construction works shall be the place of execution of the construction.

§ 11 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS) which you can find at http://ec.europa.eu/consumers/odr/. Our email address is info@geuenich-haustechnik.de.

§ 12 Dispute Resolution Procedure before a Consumer Arbitration Board

We do not participate in a dispute resolution procedure before a consumer arbitration board, nor are we obligated to do so.

§ 13 Final Provisions

1. The customer may only transfer rights under this contract to a third party with our prior written consent.

2. Should individual provisions of the contract concluded between the customer and us be or become wholly or partially invalid, this shall not affect the validity of the remaining contractual provisions. The same applies in cases where individual provisions of our included terms and conditions (AGB) are or become wholly or partially invalid. In both cases, the wholly or partially invalid provision shall be replaced by a provision that achieves the economic intent as closely as possible to that of the invalid or partially invalid provision.