General Terms and Conditions
§1 General Provisions
a) Scope These General Terms and Conditions apply to all contracts between BIG aluminium GmbH, Am Seegraben 4, 63505 Langenselbold, represented by its Managing Director Mr. René de Vries (hereinafter referred to as BIG aluminium GmbH), and consumers as defined in §13 BGB. For contracts with entrepreneurs as defined in §14 BGB, the VOB/B applies. These terms supplement the contract. They also apply to all future business relationships with the same customer, even if not expressly agreed again, provided the customer is an entrepreneur. Conflicting terms and conditions of the customer are expressly rejected.
b) Contract Agreement The contract language is German.
c) Conclusion of Contract Contracts are not concluded via the internet but individually through offer and acceptance. The contract text is not stored; the content is determined individually by the agreement made.
d) Partial Orders Prices offered by BIG aluminium GmbH apply only if the entire offer is accepted. Partial orders require new calculations and may result in price changes. In such cases, BIG aluminium GmbH will issue a new offer.
§2 Services
a) Performance or Delivery Period The period is based on mutual agreement and assumes all commercial and technical questions are clarified. If not, the period is extended appropriately.
b) Partial Services BIG aluminium GmbH may provide partial services if reasonable for the customer, without additional cost.
c) Delays in Work Delivery Contracts Delays due to force majeure or extraordinary events (e.g., strikes, official orders, supply issues) are not the fault of BIG aluminium GmbH and may justify postponement or withdrawal from the contract. Customers will be informed promptly, and any payments refunded.
d) Default of Acceptance If the customer delays acceptance, BIG aluminium GmbH may withdraw from the contract and claim damages. The customer bears the risk of accidental loss or deterioration during the delay.
§3 Execution Documents
BIG aluminium GmbH provides necessary documents free of charge and on time. Drawings and calculations must be submitted promptly upon request.
§4 Installation Execution
a) Customer Obligations Sketches and plans must be reviewed by the customer before execution. Changes must be submitted and confirmed in writing. The customer must ensure the work area is free of obstacles they are responsible for.
b) Damages If BIG aluminium GmbH incurs damages due to the customer’s breach of duty, the customer must compensate, especially for extra travel or missing materials.
§5 Payment and Costs
a) Prices Prices include VAT at the time of contract. Agreed compensation covers all contractual services. Additional services are charged separately.
b) Subsequent Changes If the customer changes the design or orders additional work, a new price must be agreed before execution.
c) Due Date Unless otherwise agreed, payments for work delivery contracts are due immediately. For work contracts, payment is due upon acceptance or after 12 working days if not accepted despite obligation.
d) Advance Payments For custom installations, BIG aluminium GmbH may request 80% payment upon completion notice. For orders over €3,000, a 30% advance may be requested.
e) Customer Fault If the work cannot be completed due to the customer’s fault, BIG aluminium GmbH is still entitled to full payment.
f) Payment Default Payment is late if not received within two weeks of invoice. Interest of 5% (or 9% for non-consumer contracts) above ECB base rate applies. A €5 reminder fee may be charged. The customer may prove lesser damage.
g) Right of Retention Customers may only assert retention rights for due claims from the same legal relationship.
§6 Retention of Title
a) Scope For entrepreneurs, all goods remain property of BIG aluminium GmbH until all claims are settled. For consumers, only the specific product remains under retention until full payment. Customers must treat goods carefully and assign any compensation claims for damage or loss to BIG aluminium GmbH. Resale or pledging is prohibited.
b) Processing, Combination, Mixing BIG aluminium GmbH is considered the manufacturer if goods are combined with others. It retains co-ownership proportional to the value.
c) Seizure and Interference Customers must notify BIG aluminium GmbH immediately of any third-party interference to allow legal action. If costs are not reimbursed, the customer is liable.
d) Repossession In case of breach (e.g., payment default or insolvency), BIG aluminium GmbH may repossess goods. This does not constitute withdrawal unless declared in writing.
e) Release of Securities If the value of securities exceeds claims by more than 10%, BIG aluminium GmbH must release them upon request.
§7 Acceptance
a) Request for Acceptance Customers must accept the work within 12 working days upon request.
b) Acceptance of Completed Parts Completed parts must be accepted separately upon request.
c) Hindrance to Acceptance Acceptance may be refused due to significant defects.
d) Acceptance Without Request If no acceptance is requested, the work is deemed accepted after 12 working days from written completion notice or after 7 working days of use.
§8 Warranty for Work Delivery Contracts
a) Warranty Claims Claims only apply to product characteristics. Minor aesthetic deviations are excluded.
b) Transfer of Risk Risk transfers upon delivery to consumers; for entrepreneurs, upon handover to transport personnel.
c) Minor Defects Only price reduction is allowed for minor defects; no withdrawal.
d) Damages for Defects No warranty for improper use. Damages are compensated only in cases of intent or gross negligence, excluding injury or death. Product liability law remains unaffected.
e) Limitation Period Unless otherwise agreed: 5 years for buildings, 2 years for other items. Period starts upon acceptance.
§9 Liability
a) Exclusion of Liability BIG aluminium GmbH and its agents are liable only for intent or gross negligence. For slight negligence, only essential duties are covered, and liability is limited to foreseeable, typical damages. No liability for misuse after acceptance.
b) Exceptions Exclusions do not apply to injury, death, or health damages. Product liability law remains unaffected.
§10 Termination by Customer
Customers may terminate the contract before completion. BIG aluminium GmbH retains the agreed payment, minus saved costs or alternative earnings. Termination must be in writing.
§11 Data Protection
Data collected during contract formation is processed according to BDSG, TMG, and RStV for contract fulfillment. See the privacy policy for details.
§12 Copyright and Licensing
All calculations, plans, and documents remain the property of BIG aluminium GmbH. Customers receive non-exclusive usage rights as per contract. Further use or sharing requires written consent.
§13 Final Provisions
a) Jurisdiction Exclusive jurisdiction is Langenselbold, if the customer is a merchant or has no German jurisdiction.
b) Governing Law German law applies unless mandatory foreign law overrides.
c) Severability Clause
