General terms and conditions
General Terms and Conditions of the company CourtTech GmbH & Co. KG, In the following named CourtTech
§ 1 Completion of Contract / Transfer of Rights and Duties of the Client
- The contract is completed when the client accepts the offer and CourtTech confirms the order or when the client signs the order confirmation from CourtTech.
- Transfer of rights and duties of the client from this contract to third parties need CourtTech’s written approval.
§ 2 Scope
- The scope depends on the specifications given in the order confirmation of CourtTech including the technical specifications and installation drawings.
- It should be noted that in the drawings there are also performances from the clients side included according to the technical specifications, which are not owed by CourtTech (e.g. ventilation of the court).
- Improvements and changes in material and construction as well as technological progress are expressively reserved by CourtTech, as long as this does not lead to a deterioration of contractual owed performance.
- For the settlement of the contract only the in Germany generally applicable procurement and construction contract procedures (VOB) Part B apply, unless other arrangements are set out below in writing.
§ 3 Special Duties of the Client
- The client has to make sure that the building is closed before delivery and accordingly before installation as well as the heating / air condition is working properly, so that the necessary installation temperature of at least 17°C and maximum 40°C is guaranteed.
- The access to the construction site has to be guaranteed regardless of the weather.
- The necessary doors in every hall need to be available and approachable by truck. Necessary door measurements (width x height): 180 cm x 250 cm.
- The lighting has to be installed, connected and fully functional before installation starts.
- Power on site has to be available. The costs for connection and usage will be paid by the client.
- In case the client does not fulfil the responsibilities based on the above mentioned position numbers at all or not in time, the client has to pay the occurring additional costs irrespective of all further rights of CourtTech.
- Additional costs and possible down times which occur because the requirements mentioned in § 3 are not fulfilled, will be paid by the client. Apart from that CourtTech is entitled to stop the installation work as long as needed until the above mentioned conditions are made by the client.
§ 4 Prices
- The prices agreed in this contract are net prices. Any possible VAT or custom duties payable due to legal requirements are to be paid additionally.
- In case change of performance is necessary due to official requirements, the client has to pay the additional costs incurred. CourtTech will refund reduced costs.
§ 5 Transfer of Risk and Packing Charges
- Transport material and all other packages in accordance with the Packaging Regulation of Germany will be taken back by CourtTech. Outside the scope of the Packaging Regulation (deliveries abroad) the client is in charge for disposal of packaging at his own cost, as long as there are no other agreements.
- The risk of the goods in accordance to the placed order and possible additional orders will be transferred to the client with delivery to the construction site.
§ 6 Building Completion and Inspection
- After completion of installation, flooring installation or delivery of the courts an immediate formal inspection will take place. A protocol of this inspection will be drawn up. Warranty starts with this inspection.
- In case the client does not show up for the inspection appointment, the courts are considered to be inspected according to the contract with expiry of 12 working days or when the courts are being used.
§ 7 Warranty and Liability
- CourtTech guarantees that the delivery or services are not afflicted with defects. CourtTech is not responsible for commercially minor or technically unavoidable deviations in quality, colour, weight, equipment or minor differences in the characteristics of the ball bounce.
- This information given on the part of CourtTech concerning delivery and services do basically not represent any agreed characteristics or warranties but purchase agreements only. Agreed characteristics or warranties exist only if they have been designated as such from CourtTech.
- Deviations in quantities, volumes, thickness, and colours due to production are permitted within the scope of standard tolerances. All technical data, explanations and instructions regarding the category of use given and published by CourtTech have to be noted by the client.
- Normal wear and tear is excluded from every liability of defects.
- The warranty period is 5 years. No warranty period will be assumed on breakage of glass and line markings of squash courts.
§ 8 Terms of Payment
- The payment conditions agreed in the order confirmation apply.
- In case the agreed payment conditions are not fulfilled at due date CourtTech is entitled to demand a guarantee or withdraw from contract. The amount for already delivered goods and services rendered is due immediately, even if another method of payment was agreed on.
- Price reduction and surcharges that are agreed on order confirmation or during the construction period have to be balanced and will be taken into account accordingly in the instalments and final invoice.
- Payments have to be made accelerated without any deductions to the following account including the project number. CourtTech GmbH & Co. KG Account Nr.: 7993 01800 IBAN: DE26700800000799301800 BIC: DRESDEFF
§ 9 Miscellaneous
- Change or cancellation of one of the clauses of this contract does not affect the validity of the remaining clauses. The same applies if one of the above mentioned clauses should become invalid. In this case the invalid or misinterpreted clause will be replaced by another clause which is effective and will come as close as possible in content and intent to the replaced clause.
- For fully qualified traders business Traunstein is agreed as the place of jurisdiction
- In case one of the above mentioned clauses is invalid or void the other clauses will not be affected by that.
For all legal relations and litigations (also for export trades) between the parties of this contract the Federal German law applies exclusively.
- In case of disagreements the German language is agreed upon.