Copyright
General Terms and Conditions of Business for Goods and Services of HAVERKAMP GmbH, Münster
- General
- Our goods and services shall be rendered solely on the basis of these Terms and Conditions, compulsory statutory provisions and the German Construction Contract Procedures [VOB], Part A and Part C, to the extent that we are to render construction services and the Terms and Conditions below do not contain any special provisions. The Terms and Conditions of Business shall apply to all current and future goods and services even if they are not specifically agreed again.
- Consumers within the meaning of these Terms and Conditions of Business are natural persons with whom a business relationship is entered into, without this being attributable to any commercial or independent occupational activity on their part.
- Entrepreneurs within the meaning of these Terms and Conditions of Business are natural or legal persons or partnerships with legal personality with whom or which a business relationship is entered into, who are acting in the course of a commercial or independent occupational activity.
- Customers / Buyers within the meaning of these Terms and Conditions of Business may be either consumers or entrepreneurs.
- Agreements differing from, contrary to or supplementary to these Terms and Conditions of Business shall only be legally binding for us if explicitly recognised by us in writing, even if we are aware of them. This shall also apply to the Buyer's terms and conditions of purchase. We hereby object to any terms and conditions of purchase a Buyer may have. They shall not place us under any obligation, even in those cases in which they are not specifically rejected again when the contract is signed.
Verbal and telephone agreements or subsequent amendments shall only be valid if confirmed by us in writing. We expressly state that none of our employees is authorised to enter into legal transactions on the basis of a verbal statement to that effect. Any implicit waiver of the requirement of written form on our part relating to any previous arrangements differing from, or collateral agreements to, these Terms and Conditions of Business shall not be deemed to constitute a general waiver of the affected provisions of these Terms and Conditions.
- Conclusion of a Contract
- Our offers and cost estimates shall be liable to change without notice in every respect until a contract has been signed. The diagrams, drawings, leaflets, brochures, lists etc. and the data contained therein e.g. regarding performance, operation expenses, technical features and weight, shall only count as approximations if they have not been specifically designated as binding. Modifications of design, form and finish shall be reserved within the scope of what is reasonable.
- Changes in the basis of the offer shall only apply if confirmed by us in writing. We shall need written or electronic (e-mail) order of the Buyer to carry them out.
- The contract shall be entered into subject to the reservation that we are supplied with the correct goods and on time by our suppliers. This shall only apply in the event that we are not responsible for non-delivery, in particular, that we have entered into a congruent covering purchase with our supplier.
- Drawings, operating instructions and other documents which we have attached to the offer or hand over by other means must not be handed out to third parties and third parties must not be allowed access to them without our written consent. We shall reserve the title and copyright to them. If an order is not placed with us these documents are consequently to be returned to us.
- By placing an order with us the Buyer is making a binding statement that he intends to purchase the goods.
- If a consumer places an order by electronic means, we shall confirm receipt of the order straight away. Confirmation of the receipt of an order does not in itself constitute binding acceptance of the order. Confirmation of the receipt of an order may be connected with the acceptance of an order. Provided that a consumer places an order for goods by electronic means, the text of the order shall be saved by us and forwarded to the Buyer upon request by e-mail in addition to these T&Cs.
- Prices
- Our prices are net prices. Added to this will be the value added tax in force at the time of invoicing.
- Our prices shall only apply to the items stated in the offer or in the offer confirmation and only to the quantities and to the specified place of use. The prices shall be per unit of quantity, such as unit or running metre etc., unless stated otherwise.
- If the prices of our suppliers, freight rates, public taxes, wages or other costs which have an indirect or direct impact on our goods and / or services should change in the period between entering into the contract and carrying out the performance, we shall be entitled to change our prices accordingly. If the purchase price increases by more than 5% as a result, the Buyer may cancel the contract by making a written statement within two weeks from the receipt of notification by the Seller that the prices have increased. The above shall also apply analogously to a change of the statutory rate of value added tax.
- Services not expressly stated in an offer which are necessary for carrying out the order or which are to be carried out at the request of the Buyer shall be additionally invoiced at the prices as applicable to the specified place of use at the date of delivery. The prices shall be for normal working hours and work under normal conditions. Surcharges will be invoiced in addition to the actual wages for overtime and work carried out at night, on Sundays and on public holidays as well as for work carried out under difficult working conditions.
- The following shall apply with regard to the film supplied by us including installation: an invoice will be made out on the basis of actual dimensions. The price includes supply and installation, (Return trip for the installation team, accommodation allowance). The width of the film shall not exceed 1500 mm. If the window to be laminated is larger than the maximum film dimensions, a butt seam will be required. The m² price for lamination with film shall apply to the stated amount of work (Price by amount of work); for work over or under this amount the price per m² shall be changed in accordance with the valid price list. For work carried out up to and including 20 m² we shall invoice an additional lump sum for travelling expenses. If edge lengths are less than 70 cm, a minimum dimension surcharge (MmZs) of 15% will be invoiced for this surface. In the case of a trapeze-shaped or triangular-shaped glazing, the invoice will be for a rectangle plus a 15 % difficulty surcharge for this surface. The following shall apply to the PROFILON ALARM® security film: the via of the exposed alarm wires as well as the connection to the alarm system shall be provided for by the customer, unless the service via is specifically contracted. In this latter case, the following addendum shall apply, "The provision of via is a straight-forward service task and once this has been carried out all wiring is to be checked to confirm that they are conducting a current. The ascertained values for the system and the fact that it is in perfect working order shall be recorded in an acceptance report. Acceptance shall be regarded as the delivery of the alarm system to the alarm installer. Any defects which may occur subsequently, such as false alarms, shall be rectified by the alarm installer. Costs incurred as a result shall be for the Buyer's account. No rights of recourse may be asserted against us as a result ". The width of security film is 5 cm wider than the pane clearance, since the film has to overlap the edges of the pane by about 2.5 cm to allow the alarm wires to be uncovered at the edge of the film. This 5 cm will subsequently no longer be visible; however, they constitute actual consumption of film and will be invoiced.
- The following applies with regard to the secondary glazing, anti-shatter curtains, roller blinds, blind systems, folded blinds, vertical blinds and all other products supplied by us to be fitted in buildings at the time of construction or subsequently, with the exception of flat glass films:
For installation:Price to include manufacture pursuant to the specified window dimensions, delivery and installation on site. A lump sum to cover travelling expenses will be charged for purchases of less than ten units.
For delivery: Price to include manufacture pursuant to the specified window dimensions plus carriage and package, delivery ex warehouse Münster. The stated prices are unit prices or total prices. - With regard to the alarm fence systems supplied by us inclusive of installation, the following applies:
- An invoice will be made out on the basis of actual dimensions. The price is inclusive of delivery and installation, whereas soil class 3 -4 to DIN 18300 shall be assumed for installation. Should installation be made more difficult by the soil being of any other soil class, we shall reserve the right to increase our price. For work which has to be carried out but which is not included in the scope of our performance, for work carried out at the specific instruction of the construction management or for instructions extending or rendering more difficult the normal installation process, we have to invoice the hours worked in addition to other fees.
- Unless otherwise agreed, the fence route or installation site is to be cleared of all obstructions and if applicable, levelled by the customer. Any vegetation on site is to be tied back or removed by the customer so that there is a clear working section of about 1.0 m width available. The routing of existing cables, pipes and other installations in the soil is to be notified by the Buyer in writing before installation work commences. If the Buyer fails to notify us we shall not be liable for damage and other consequences. Any electrical connections and control systems which may be required plus cabling is to be provided by the customer.
- The Buyer shall be responsible for obtaining building licences and clarifying all legal and neighbour-related issues connected with fence and gate work, the installation of sensor, video and lighting systems. This shall apply in particular with regard to the height of a fence ordered.
- The fence system will be mounted with approx 5 cm ground clearance and will follow the level of the site; however, ground clearance should not exceed 12 cm. In order to preclude damage caused by voles, moles, and similar and frost damage as a result of soil being thrown up the fence and so that the netting does not have to be dug up, the FENCEGARD and NETGARD systems will not be mounted below ground level. The stated heights are approximate heights in each case depending on the level of the site and may vary by between 10-15 cm. Slopes of more than 15% in the site level or terraces in the fence route shall entitle us to invoice additional costs subsequently. This shall also apply to working under difficult conditions as a result of penetrating ground water and wet, inaccessible sections of the site.
- All steel parts will be hot-dipped galvanized as a matter of principle, and may also be supplied with a PVC coating RAL 6005 or as requested, with a VSA finish for example. The Buyer must specify the desired colours in writing, as verbal agreements shall be regarded as not having been made. All stated weights for triggering off alarms as a result of persons climbing over a fence or area detection systems, for wind loads and other static information are to be regarded as guideline figures which may be subject to significant discrepancies.
- If the Buyer wishes to have a project completed more quickly than normal, e.g. to protect a highly vulnerable site, we shall assign a special project management team and we shall make the manufacturing and installation capacity required available. We shall have to invoice the Buyer for the costs incurred as a result and the additional costs incurred as a result of rescheduling production.
- When submitting an offer we shall assume that installation of the work for which we have tendered an offer can be carried out promptly and without any disruptions and / or waiting time caused by the customer. We shall have to charge as additional services or as contingency costs any significant delays caused by the customer and any additional travelling time or waiting incurred as a result thereof. If it is not possible to abide by a fixed agreed installation date as a result of any factors caused by the customer, we shall have to invoice 80% of the net order sum for delays in excess of 10 days.
- The FENCETRONIC evaluation unit shall be installed in a utility room or similar as a stand-alone unit, unless stated otherwise, with potential-free contacts for the retransmission of alarms. The basic configuration does not provide for remote control by a burglar alarm system of the customer.
- We shall appoint a responsible project manager who will, if necessary, upon written request of the Buyer and written confirmation by us, attend co-ordination discussions and construction discussions (concerning the scope of the contract). He shall not attend regular meetings concerning the overall project. Since work outside is dependent upon the weather, the work cannot be carried out under certain weather conditions. Concrete cannot be laid and earthwork cannot be carried out if the criteria for inclement weather apply in accordance with normal construction industry standards. The following shall apply to installing electrical and video systems: installation is particularly difficult at temperatures between 0 to 7 degrees Centigrade and will thus result in additional expenditure for which we shall have to invoice the Buyer. No electrical work can be carried out outside at temperatures of less than 0 degrees Centigrade, and / or if there is snow or rain. Delays in completion caused as a result shall not be for our account. We shall reserve the right to make technical modifications
- We shall be entitled to invoice partial deliveries or partial performance as fully due and payable, and to invoice each individual delivery or service separately.
- Payment Terms
- Unless agreed otherwise in writing, our payment claims shall be payable in full immediately upon presentation of the invoice.
- If the Buyer's payment has not been received by us within 30 days from the date of invoice, the Buyer shall consequently be in default without a separate payment reminder having to be sent out.
- A consumer shall have to pay interest at 5% above base rate on the money owing for the default period.
- An entrepreneur shall have to pay interest at 8% above base rate on the money owing for the default period. We shall reserve the right to demonstrate and claim a greater damage caused by the default.
- The Customer shall be entitled to offset only if his counter claims have been declared final and absolute in a court of law or if they have been recognised by us. The Customer may only exercise a right of retention if the Customer's counter claim is based upon the same contractual relationship.
- Payment must be made in full in cash, unless agreed otherwise in writing. We shall not be obliged to accept drafts and cheques. We shall only accept drafts, cheques and assignments of claims on account of performance and subject to being able to discount them. Cheques and drafts shall only be credited once they have been cashed and assignments of claims shall only be credited once they have been paid. Until such date, the claim and the date upon which payment is due shall remain unaffected. We shall not furnish any warranty for drafts and cheques being cashed and protested on time. Discounting fees, protest fees, collection expenses and other costs shall be for the Customer's account.
- Any prompt payment discounts which may have been agreed shall lapse if any other of our invoices are outstanding when we receive payment for an invoice from which a discount for prompt payment has been subtracted. A discount for prompt payment will not be allowed under any circumstances if settlement is made with a draft. A discount for prompt payment shall only be granted on the net sum of an invoice.
- Our agents shall only be entitled to receive payments with our express written authority to collect payment on our behalf, such authority to be verified in each case. If our agent presents a properly receipted invoice properly receipted by us for an individual case, it shall be considered as such written authority.
- If we have more than one claim outstanding, we will determine the claim to which the incoming payment will be credited. We shall be entitled to assign our claims against the Customer at any time. This shall also apply to future claims. Any payment made to us by an entrepreneur after receipt of a notice of assignment from us shall not have debt-discharging effect.
- Non-compliance with our payment terms, default or circumstances which are capable of lowering creditworthiness, in particular an application for insolvency, shall result in all our claims being immediately due for payment, unless the Customer furnishes us with a security. They shall entitle us to only carry out outstanding deliveries against payment in advance, to cancel the contract after having set a reasonable period of grace, or to claim damages on account of non-performance, and further to forbid the Buyer from reselling or processing any goods supplied by us subject to reservation of title, and to take repossession of individual items. Taking back items shall only constitute cancellation of contract if explicitly declared so in writing. The transport and other costs incurred by us as a result of taking back goods shall be for the Customer's account in all cases. The Buyer may only demand delivery of goods taken back by us without a written declaration of cancellation after the purchase price and all costs have been fully paid.
- When dealing with companies not known to us, or in order to fulfil any liabilities arising under completed or current supply contracts, we shall be entitled at any time, without stating any reasons, to demand the provision of a security which seems adequate. If the security is not furnished by the Customer within the period stipulated by us, we may refuse to carry out the order or to continue to supply the Customer without incurring any liability for damages. Additionally, we shall be entitled to claim compensation for our expenses.
- The assignment of counter claims against us shall only be permitted upon our prior written consent.
- Delivery Period
- The specified delivery periods are always to be regarded as being approximate. They are not binding for us. We shall only be liable for compliance with delivery periods and dates if we have furnished an express guarantee of compliance. If, by way of exception, a delivery period is agreed as binding, such period shall begin on the date on which the order is confirmed, but not before all details have been clarified. If a delivery date agreed for ordered goods is exceeded by more than 4 weeks, the Customer shall be entitled to set us a period of grace of 4 weeks. If our obligation to supply has not been fulfilled by the end of such period of grace, the Customer shall be entitled to cancel the contract. The cancellation of contract must be declared in writing immediately after expiry of the period of grace, at the latest within 10 days after expiry of such period. The Customer shall not be entitled to cancel the contract if we are unable to comply with the subsequent delivery period for reasons for which we are not responsible. Any claims for damages due to late delivery or non-delivery shall be excluded in any event.
- Force majeure events shall entitle us to postpone the delivery by the duration of the hindrance and a reasonable start-up time or to cancel the contract in whole or in part with regard to the part of the contract not yet fulfilled. Strikes, lock-outs, mobilization, war, blockages, prohibitions of imports and exports, shortages of raw materials and fuel, fire, traffic blocks, disruptions to operations or transportation and other circumstances making it significantly more difficult or impossible for us to supply shall be regarded as being the equivalent of force majeure. This shall apply regardless of whether these factors affect us our suppliers or their sub-suppliers.
- We shall be entitled, but not obliged to make partial deliveries.
- Shipment and Passing of Risk
- If the Buyer is an entrepreneur, the risk of accidental loss or accidental damage of the goods shall pass over to the Buyer at the time of physical delivery, in the event of a long-distance sale at the time of delivery to the carrier, freight-forwarder or other person or organisation appointed to ship the goods. This shall also apply if delivery is free for the Buyer.
- If the Buyer is a consumer, the risk of accidental loss or accidental damage of the sold goods shall only pass over to the Buyer at the time of physical delivery to the Buyer, even in the event of a long-distance sale.
- The customer's default of acceptance shall be considered as physical delivery.
- If a delay in the delivery of the goods for which the customer is responsible should require the storage of the goods with us, such storage shall be at the customer's risk.
- Delivery shall be ex warehouse, excluding carriage, packaging and other charges.
- The method and route of transport shall be selected by us, unless agreed otherwise with the customer. Any additional costs caused by special contractual requests of customer shall be borne by the customer.
- Installation
- Any scaffolding, electrical or water connections required for installation are to be provided free of charge by the customer.
- To the extent that taking up, continuing or completion of the work are delayed for reasons for which the Buyer is responsible, we shall be exempt from the obligation to comply with agreed completion dates. If, upon our request, the Buyer fails to remedy the situation immediately, we may claim damages or set the Buyer a reasonable period of time to fulfil the contract, stating that we shall cancel the contract if it is not fulfilled within such period. In the event that the contract is cancelled, we shall be entitled to claim reimbursement of any and all expenses we have incurred hitherto.
- Acceptance
- Our goods or services must be subject to an acceptance test immediately following notification of completion. This shall also apply to self-contained partial services or deliveries.
- Acceptance may only be refused on account of significant defects until they have been rectified.
- If the customer is an entrepreneur and if the contract is part of his trading business, the following shall apply in addition: if acceptance is not demanded by the customer, the performance shall be regarded as having been accepted at the end of 12 working days after notification of completion. If the customer has used the performance or any part thereof, acceptance shall be regarded as having been effected at the end of 6 working days from the beginning of use.
- In each case acceptance may also be effected implicitly, in particular as a result of actual use of the performance.
- Warranty and Liability
- Entrepreneurs shall also inspect the goods and services for shortfall quantities and wrong deliveries and notify us in writing of any apparent defects within a period of 14 days upon delivery or performance, but in all cases prior to processing or installation. If the entrepreneur fails to do so, any warranty claims shall be excluded. Timely dispatch suffices to comply with the time limit. The full burden of proof for requirements of claim, including, without limitation, for the defect itself, the time when the defect was detected and the timeliness of the notice of defect, lies with the entrepreneur.
- If the customer is an entrepreneur, we shall honour our warranty in the event of defective goods or services by carrying out a repair or by supplying a replacement at our own option.
- Consumers shall notify us in writing of apparent defects within a period of two months from the point in time at which they identify that the condition of the goods is in breach of the contract. The date of our receipt of such notification shall be relevant for compliance with the time limit. If the consumer fails to notify us his warranty rights shall lapse two months after the defect has been detected. The burden of proof for the point in time at which the defect was detected shall be on the consumer. If the consumer was moved to enter into a contract as a result of incorrect statements made by the manufacturer, the burden of proof for this point shall be upon him. For used goods the burden of proof that the goods are defective shall be on the consumer.
- If the customer is a consumer, he shall at first have the choice as to whether subsequent fulfilment is to be effected by repair or replacement. We are however entitled to refuse the method of subsequent fulfilment if it is only possible at disproportionate expense and the other method is without considerable disadvantages for the consumer.
- If subsequent fulfilment is unsuccessful, the customer may generally at his option demand a reduction in price (reduction) or a cancellation of contract (cancellation). However, in the event of a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to cancel the contract. It shall be assumed that the subsequent fulfilment has been unsuccessful if repair or replacement is impossible, or if we refuse to do so in writing, or if a period of three weeks has been set under penalty of non-performance and has expired without result, or if our attempt to effect a repair fails twice. In each case we shall be entitled to refuse to effect a repair or to supply a replacement. The rights under Section 440 of the German Civil Code [BGB] shall remain unaffected.
- If the customer chooses to cancel the contract on account of a defect in title or of quality after subsequent fulfilment has been unsuccessful, he shall not be entitled additionally to claim damages on account of the defect. If the customer chooses to claim damages after subsequent fulfilment has been unsuccessful, the customer shall keep the goods, if it is reasonable for him to do so. Damages shall be limited to the difference between the purchase price and the value of the defective good. This shall not apply if we have caused the breach of contract with intent to deceive.
- Any further warranty claims shall be excluded. In particular, the customer shall have no warranty claim if the defect is a result of
- The customer failing to comply with installation regulations or operating instructions or the customer exceeding prescribed performance values.
- The customer modifying the system on his own responsibility or having attempted to rectify a defect himself or to have it rectified by third parties - The following shall apply with regard to the warranty period for our products:
For delivery: the warranty period for our security film and other film is 5 years for films designed for use inside and 2 years for film designed for use outside. Period of warranty for Primus exterior films is 2 years for roof and slanted areas as well as 3 years for vertical areas. The warranty covering current bearing parts, roller blinds and hanging blind systems as well as all other fittings for buildings products is 1 year for entrepreneurs and 2 years for consumers. The warranty for film shall become invalid if the film has been installed or handled incorrectly, e.g. if film designed for internal use has been mounted on the external surface of a window pane or if it has not been cleaned in accordance with the cleaning instructions. The same shall apply with regard to the roller blind and hanging blind systems supplied by us as well as all other products manufactured or distributed by us: the warranty shall become invalid if they are treated improperly.
For installation: our film designed for internal use shall be covered by warranty for 5 years. Moreover the warranty periods of the German Construction Contract Procedures [VOB] shall apply. The warranty for film shall lapse if the film is handled improperly, e.g. if it is not cleaned in accordance with the cleaning instructions handed over by our specialist staff. It cannot always be ruled out with total certainty that small particles of dust are trapped in the layer of film. The customer is aware of this and this is acknowledged as an agreed characteristic of the film so that no warranty claims may derive therefrom. The same shall apply for all other products installed by us: the warranty shall lapse if the products are handled improperly. - If the customer is an entrepreneur, generally only the manufacturer's product specifications shall be regarded as agreed quality and condition of the goods. Public statements, puffs or advertising by the manufacturer shall not constitute contractual statements about the quality and condition of the products.
- Discrepancies in thickness, dimensions, shades of colour, content caused as a result of manufacture shall be allowed within tolerances customary within the industry. This shall also apply to cut and processing.
- We shall be entitled to refuse to fulfil warranty claims as long as the customer does not pay the contractual fee minus a portion which is reasonable taking into account the defect or fails to fulfil other material contractual obligations.
- Generally, we shall not be liable for any defects arising as a result of documents submitted by the customer (e.g. drawings) or as a result of imprecise or verbal information. All information provided by the customer, in particular specified dimensions, shall be in writing.
- If the customer receives defective installation instructions we shall only be obliged to supply correct installation instructions, and only where the defect in the installation instructions hinders proper installation.
- In the event of any breach of duty attributable to ordinary negligence, our liability shall be limited to foreseeable direct average damage typical for the contract given the type of the goods. This shall also apply to breaches of duty attributable to ordinary negligence caused by our legal representatives, vicarious agents and assistants. The burden of proof shall be upon the Buyer. We shall not be liable towards entrepreneurs for any breach of duty attributable to ordinary negligence. The customer's claims for damages shall become time-barred after one year from the delivery of the goods, provided that we have not acted with gross negligence.
- The above limitations of liability do not affect the customer's product liability claims. Furthermore the limitations of liability shall not apply to loss of life, personal injury or physical harm attributable to us.
- Reservation of Title
- In contracts with consumers we shall reserve the title to the delivered goods until the purchase price has been paid in full.
- In contracts with entrepreneurs we shall reserve the title to the goods until all our claims under the business relationship have been fulfilled in full.
- Subject to revocation in the event of default in payment, the customer may dispose of the goods in the course of ordinary business. He must not pledge the goods or assign them by way of security. We are to be notified immediately in the event of an attachment or any other legal enforcement measures undertaken by third parties. The costs of any necessary intervention shall be borne by the customer.
- If the customer is an entrepreneur, he shall assign in advance all claims from the resale, processing installation or other use of the goods supplied by us to us as a security for all our claims under the business relationship. If the financial value of the assigned claims exceeds our claims by more than 20%, we shall, upon request, be obliged to reassign the security in excess of the 20%.
- In the event of conduct in breach of contract by the customer, in particular in the event of default in payment, we shall be entitled to cancel the contract and to demand the return of the goods.
- If the customer is in default for more than 8 days with more than 10% of a due claim, we shall be entitled, based upon the reservation of title, to take back the items supplied or service rendered in consideration therefore until the debt has been paid in full. Additionally, we shall be entitled to separate the item from other goods and services and mountings. If the item has become an integral element of the customer's property, the customer shall be obliged to tolerate the separation and to retransfer title in the item to us. The cost of dismantling and other costs shall be for the customer's account. Taking back the goods shall only be regarded as cancellation of the contract where this is provided for by a mandatory statutory provision.
- The processing and treatment of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If the goods supplied by us are processed together with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the good supplied by us to the other processed items. The same shall apply if the goods are mixed with other items not belonging to us.
- Place of Jurisdiction and Place of Fulfilment
- The place of jurisdiction is Münster. We shall however be entitled to also take legal action against the customer at the customer's usual place of residence/seat of business.
- The place of fulfilment for deliveries is the place of dispatch, and for payments the place of performance is Münster.
- General
- The law of the Federal Republic of Germany shall apply including the provisions of the UN law on sales for cross-border purchase contracts with and without installation work as well as contracts for work done and material supplied.
- All promises differing from the above Terms and Conditions of Business shall only apply if we have confirmed them in writing. Verbal agreements and arrangements with representatives and fitters shall be invalid in all cases. Valid provisions shall be set out in writing on the original order and shall require a written confirmation by us.
- Should any provision in these Terms and Conditions of Business be or become invalid or should it turn out that there is a gap in these provisions, such invalid provision or gap shall be replaced or filled by an appropriate provision which to the extent legally permitted comes closest to what the parties intended or would have intended had they thought about the point.
- These General Terms and Conditions are valid from 1st August 2009.
