New text GENERAL TERMS AND CONDITIONS for the provision of building cleaning services

§ 1 General - Scope

1. The terms and conditions apply to all current and future business relationships with companies within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.

2. Deviating or supplementary general terms and conditions, even if they are known, only become part of them if their validity is expressly agreed to.

§ 2 Type, scope and duration of the service

1. Agreements between the client and the contractor are binding when the client signs an offer/order containing these conditions. The same applies if the customer has received the written order confirmation before the start of the work.

2. The services are carried out as agreed in the offer/order. Order changes or extensions are only valid if they are specified in writing, or in exceptional cases verbally, by the persons authorized to do so.

3. Unless otherwise agreed in writing, the order duration for maintenance cleaning work is one year from the start of the order. If the service is not canceled three months before the end of the initial term, the order will be extended by a further year and then again by another year etc. etc.. The notice period after the end of the initial term is three months before the start of a new order year.

§ 3 Acceptance and Warranty

1. In the case of recurring services, the work performed by the contractor shall be deemed to have been fulfilled and accepted in accordance with the order if the customer does not raise justified objections in writing immediately - at the latest when the item is used. The time, place, type and scope of the defect must be described precisely.

2. In the case of one-off work (e.g. final building cleaning), acceptance – if necessary in sections – takes place no later than three days after written notification of completion by the contractor. If the customer does not comply with the request for acceptance, the work is deemed to have been accepted. If the contractor fails to attend an acceptance date, the work is deemed not to have been accepted.

3. If the client justifiably complains about defects in the contractually agreed service, the contractor is obliged to rectify the defect. No guarantee is assumed for defects and damage that can be traced back to the fact that the customer has not passed on important information about the type and condition of the surfaces and objects to be cleaned to the contractor. The same applies if the client does not take sufficient precautions for the accessibility or accessibility of the areas to be cleaned.

4. If the defect cannot be remedied or another attempt at rectification is unreasonable for the customer, the customer can demand a reduction in payment (reduction) instead of rectification or terminate the contract. If the breach of contract is only minor, in particular if the defects are only minor, the customer is not entitled to the right of termination.

5. Compensation for damages can only be demanded in the case of intent and gross negligence. The obligation to pay compensation is limited to the foreseeable damage that is typical for the contract. In the case of one-off services, the compensation for damages is limited to the amount of the agreed wages, in the case of recurring services to two monthly payments.

6. The warranty period is 12 months.

§ 4 allowance

1. The dimensions on which the billing is based are to be determined in accordance with the guidelines for awarding and billing of the Federal Guild Association of the Building Cleaning Trade.

2. If the client does not object to the determination immediately, the dimensions are deemed to be accepted.

3. If one of the contracting parties finds that the dimensions used as a basis are incorrect, the dimensions newly determined jointly by the customer and the contractor shall only apply to future invoices. Refunds or additional claims for the past are excluded.

§ 5 Prices

The prices specified in the offer refer to the tariff and legal, in particular social security and tax law provisions applicable at the time the offer is submitted. If they change, the prices will change accordingly. The prices quoted are net prices and do not include the applicable statutory value-added tax.

§ 6 security deposit

The customer's right to withhold security deposits for the completion of the contractual services or any warranty claims is excluded.

§ 7 Liability

1. The contractor is liable for damage that can be proven to be due to cleaning measures within the framework of the business liability insurance he has taken out. At the request of the client, a specific proof of insurance is to be handed over to him. Liability shall not apply for damage that is not reported to the contractor immediately.

2. In the event of injury to life, limb or health, the statutory provisions apply.

§ 8 Terms of Payment

1. Invoices are payable net without deductions within 10 days of receipt unless otherwise agreed. Discount deductions are not recognized unless otherwise agreed.

2. Monthly flat rates are due at the latest on the last day of the current month unless otherwise agreed.

3. If the payment deadline is exceeded, interest on arrears will be charged at a rate of 8% above the applicable base interest rate in accordance with Section 247 of the German Civil Code. We reserve the right to assert further damages caused by delay.

Section 9 Place of Jurisdiction

The place of jurisdiction is exclusively the registered office of the contractor.

§ 10 Data storage

It is pointed out that business-related data, insofar as permitted under the Federal Data Protection Act (§ 26 BDSG), are stored and managed electronically.

Section 11 Partial Invalidity

If individual parts are ineffective, the validity of the remaining provisions shall remain. The invalid clause should be replaced by a provision that comes as close as possible to the intended purpose of the original provision, both legally and economically.