1.1 The decisive legal basis for all services we made is The Construction Contract Procedure for construction work part B as well as the terms and conditions below. For future business contracts our terms and conditions are operant from now on. They have priority over different conditions of the customer.
1.2 All conditions in the contract must be in writing. Differences and additions will only be part in the contract if we confirm the change in written form.
1.3 If the customer places an large order an installment for each 14 days will be agreed.
1.4 Offers are 60 days binding for the contractor.
2. Offer and design documents
2.1 All rights are reserved for the proprietary and copyrights for our created estimations, drawings, designs and mathematical basis. Without our accordance it is not allowed to reproduce or to give these documents in third hands. If the order is not placed all documents have to send back to our company.
2.2 We provide the documents (for example drawings, determination of quantities or the directory of services) needed for the order process in case the customer cannot provide them. All costs including the VAT have to be paid by the customer even if the order is not placed.
2.3 Authority and other permissions have to be provided by the customer. Wir haben hierzu notwendige Unterlagen dem AG zur Verfügung zustellen.
3. Delivery time and installation
3.1 If no execution time is agreed the work has to beginn immeditaley after the order is placed. At the latest the work will beginn 12 working days after the request of the customer if all needed documents are provided according to no. 2.3.
3.2 The unhindered installation on site have to be guaranteed.
3.3 A closable room for the storage of tools, construction materials and also for the employees have to be provided by the customer.
4.1 The inspection of the services provided solely based on §12 VOB/B.
5.1 Our prices are only valid for unsplitted orders of the offered property and a consequently installation with following commissioning.
5.2 As far as a price agreement was made, on the execution day our valid wages and material prices are prevail.
5.3 Fixed prices are only valid if we accept them. A specific time for the beginn and the finish of the work has to be agreed between our company and the customer.
5.4 If the prices in an offer are not fix, they are valid 3 months after the contract was made.
5.5 The costs for wages, material or others will increase if problems occure through circumstances beyond our control during the begin, progress or finish of the work. Nevertheless §4 is not be affected.
5.6 Additional costs for material and wages which are necessary for the order during the execution have to be paid by the customer..
5.7 The prices are for normal working hours and services. For extra work, work at night, work on sundays or holidays as well as for work under difficult conditions extra fees will be charged.
5.8 The prices are included the currently valid VAT.
5.9 The needed machines, devices and vehicles for the completion of the services will be charged separately. The same conditions are for the drive to the construction site and the return.
6.1 § 16 VOB/B is valid for all payments.
6.2 Payment has to be made in cash or via banker`s transfer without any discount in EURO. Payment has to be made within 14 days after receipt of invoice. We charge interest of 5% above the base rate of the Deutsche Bundesbank for payment delays.
6.3 Daily work wages have to be paid immediately after receipt of invoice.
6.4 We accept no drafts or anything similar.
6.5 If our payment conditions will not be kept or the credit worthiness of the customer is negative, for example a cheque is bounced, all outstanding debts become due. After expiry of a period of grace without success. We are also able to cancel the contract in written form and to stop working as well as to charge the services we made so far.
7.1 The liability for services made solely based on § 13 VOB/B.
7.2 The claims of the customer are limited for unauthorized operations based on intentions or gross negligence of NB Netzwerkbau Berlin KG and also of the agents of NB.
7.3 If aggressive media is used by the operator for the facility we created and damage is caused for this reason, NB is not responsible if the customer have not pointed out this fact before placing the order.
8. Reservation of proprietary rights
8.1 All rights reserved for the proprietary and disposal right for the delivered objects until all payments have been received. If the delivered objects are substantially parts of the property and a payment delay occure the customer commit oneself to transfer the right of the property of the objects back to us. Furthermore the dismantling without substantially impediments of the objects has to be guaranteed by the customer. If the customer won`t comply our rights, we will demand compensation. The costs for dismantling and other have to be borned by the customer. If the deliverd objects have been installed at the property and in this case NB Netzwerkbau Berlin KG has outstanding debits, the objects become purpose of our company.
9. Court of jurisdiction
9.1 Place of performance and court of jurisdiction is Berlin.