HK Bad & Spa Einrichtungs GmbH for advice, delivery, assembly and payment
The terms and conditions of HK Bad & Spa Einrichtungs GmbH are available in German and English.
The German version is the only relevant, English only serves as a reading version.
The billing relationships between our customers and us are governed by German law, the regulation and services for architects and engineers and the following conditions for the H-LS, wood, plastic, tiles, natural stone, drywall, electrical construction, sanitary ware and sanitary objects processing and assembling crafts..
For all construction works, including delivery and installation, the conditions of contract for construction work (VOB) Part B (DIN 19961) apply in the version valid at the time of conclusion of the contract. If necessary, the client will be given the VOB, Part B, in a short version.
For the production, supply and repair of other services that are not in the sense of the above product, the following conditions apply.
2. Advice, planning and offer
Our offers are non-binding; Consultations and plans as well as the offer prepared for the customer are not binding. However, they remain our intellectual property. even beyond the order
All brochures, photos, price lists, descriptions, designs, drawings and cost estimates, even if they are made on request of the client, remain our property. These documents may neither be reproduced nor made accessible to third parties. They are to be returned immediately, if the contract does not come about. If this obligation is not met, we are entitled to charge a fee in accordance with the fee schedule for architects and engineers. The assertion of a further claim for damages is thereby not excluded.
If the customer takes over our consultation, the planning, the draft or the offer partly or completely for the execution by a third, without a special planning order was granted, then the calculation takes place by us to the customer as if the order for the granted in performance. A calculation also takes place when the customer has returned all our planning documents. The assertion of a further claim for damages is not excluded by a calculation.
Design work, which is requested at the express request of the customer prior to an order distribution, must be remunerated if a delivery order is not issued. When placing the order these services are free of charge.
3. Order and delivery
An order placed with us shall be considered as accepted with its written confirmation. We reserve the right to withdraw from the contract at any time if we become aware of any disadvantages regarding the purchaser's ability to pay or if loan applications, including those for alternative financing, are rejected by the bank. In the case of such a rejection, all services incurred up to rejection are to be remunerated.
We are to be informed in good time of a delay in construction work. If the installation of the facility is delayed due to a late or inadequate execution of the required construction work due to obstruction of the fitters by the builders or for reasons beyond our control, the resulting costs shall be reduced.
Insofar as we store the goods for the customer as a result of a delay in acceptance or non-acceptance, this takes place at his expense and risk.
If the contractually agreed service is provided by the contractor, the remuneration shall be paid immediately and without deductions, unless otherwise expressly agreed.
If the payment deadline is exceeded, we are entitled to charge the credit costs actually incurred by us at least 3% above the respective discount rate of the ECB.
Bills of exchange are only accepted by separate agreement and only on account of payment. They are only considered as payment, if the counter value is credited to our account. Discount and bill charges as well as all ancillary costs have to be borne by the customer. These costs will be charged separately and are due for payment immediately upon invoicing.
When paying for partial deliveries, the above conditions also apply.
The customer is not entitled to withhold payments or set off against our claims for any counterclaims, with the exception of undisputed and legally established claims.
In the case of postponement of delivery dates at the request of the customer, payment must be made in due time as if it had been delivered in accordance with the contract.
Until all outstanding invoices have been paid, all parts delivered by us remain our property.
The client is obligated to immediately notify pledges of the retention of title objects to the client in writing and to inform the pledgee of the reservation of title. The client is not entitled to sell the goods delivered under retention of title. to give away, pledge or transfer as security.
If the delivery is made for a business operation maintained by the client, the goods may be resold as part of a proper business transaction. In this case, the claims of the client against the buyers from the sale are already assigned to the contractor. If the objects are resold on credit, the client has to reserve the property vis-à-vis his contractor. The client hereby assigns the rights and claims to this retention of title to his customer to the contractor.
If the reserved property is installed by the client or on behalf of the client as essential components in the property of a third party. For example, the client hereby assigns to the contractor any claims for compensation in the amount of the value of the reserved property with all ancillary rights, including the granting of a security mortgage.
If the retention of title objects are incorporated as essential components into the customer's property, the contractor hereby assigns to the contractor the claims resulting from the sale of the property or property rights in the amount of the value of the reserved property with all ancillary rights.
If the client fails to fulfill his obligations to the contractor or fails to do so punctually or if he acts in an unreliable manner on the items delivered under retention of title, the contractor may, without prejudice to his right to fulfill the contract, demand the objects, provided that the client is able to fulfill them his reasonable time limit has expired unsuccessfully. If the client has fulfilled the contract, the contractor must return the items. The above rule does not apply to payment transactions.
Acceptance and completed work must be certified in writing to our fitters. Any complaints must be noted on the certificate. Defects must be reported immediately, but no later than within 5 working days.
In the case of legitimate claims for defects, the contractor has the option of either repairing the defective delivery items within a period of 4 weeks, or the replacement of the defective object by a large amount to the client. If repair or replacement is impossible, if it fails or if it is refused, the customer may request a corresponding price reduction or, at its discretion, cancellation of the contract.
Natural wear is excluded from the warranty. The same applies if treatment instructions are not followed or if repair work or interventions of any kind are carried out by third parties. Likewise, if the terms of payment are not fulfilled, any claim for warranty expires.
Woods and natural stones are a natural product. Any color deviations in the natural varnished state or by pickling or glaze application, etc., are to be regarded as normal. The same applies to color deviations in different materials, e.g. Ceramic, plastic, and metal. These color deviations are not reason for complaints and complaints.
6. Jurisdiction / place of performance
For all services, the place of fulfillment or jurisdiction is the place of business of the contractor as agreed.
7. Legal validity
If some of the aforementioned contractual provisions have not become part of the contract in whole or in part or are ineffective, the contract remains otherwise valid.