GENERAL TERMS AND CONDITIONS / CONDITIONS FOR INSTALLATION
Effective from 01 / 2020
CONDITIONS FOR INSTALLATION
The organizer / client
- provides us with a site plan (CAD) or an excerpt of the responsible land registry office as well as photos of the installation site free of charge for the assessment of the installation situation
- provides a 32A/400V CEE power connection at a distance of max. 30m from the set-up site free of charge
- provides free access to the installation site and free parking for our vehicles
- undertakes to guarantee our personnel free access to the skyliner and the associated facilities (also during the event), to follow their instructions, and to permit and support security measures (possible accreditation of staff members
- undertakes to notify the responsible authorities of any necessary building inspections, to arrange for any necessary permits and/or official inspections/testing, and to bear all the costs thereof, even if not listed separately in the offer
- shall be liable (e.g. by means of an organizer's liability insurance) after handover, acceptance or commissioning, for all damage caused to our roofing system. This applies from the start of the assembly until immediately after complete dismantling by us. Included are any damages caused by vandalism.
- shall have the event site monitored at its own expense during the entire set-up period to protect against theft and vandalism
We cannot guarantee the installation and operation of our roofing system, or cannot guarantee it on time, in the following cases:
- in case of incorrect or false descriptions of the site conditions
- in case of aggravating weather conditions such as storms, hail, snow, etc.
- in case of adverse circumstances which are to be considered as force majeure
- in case of time delays (e.g. caused by other trades) which are not our responsibility
In these cases, the organizer (client) has no claims for damages against skyliner GmbH, regardless of the legal reason.
Delays and waiting times during assembly or disassembly for which the organizer (client) is responsible will be invoiced by us based on our hourly rates.
The roof membrane is only limited rain protection. In case of heavy rain, dripping may occur at the seams underneath. Electrical and electronic equipment must therefore be separately protected against rain. In this respect, skyliner GmbH is not liable for any damage caused for any legal reason.
The roof membrane material is equipped with the highest possible colorfastness and resistance against UV radiation. Nevertheless, discolorations or color differences may occur, for which we do not assume any liability. Possible color differences to illustrations in brochures, leaflets, and on the homepage are possible. A price reduction cannot be derived from this.
I. OBJECT OF THE COMPANY
The object of the company is the development, production, and marketing of the "skyliner" as well as mobile roofing of all kinds. The fulfillment of placed and accepted orders is carried out by the company in its own name and on its account on behalf of the respective customer, hereinafter referred to as "Customer".
- The client is obliged to check the performance immediately after completion and to complain about any defects in writing within one week at the latest. If a complaint is not made in time, any warranty claims of the Client shall lapse.
- Should an error occur during the execution of an order, the client is not entitled to refuse payment of another order. Offsetting is only permissible if the client's claim put forward for offsetting is undisputed or has been legally established.
III. OBLIGATIONS OF THE CLIENT
- The client recognizes his obligations listed in the separate leaflet "Installation conditions" and is responsible for their compliance.
- If orders cannot be carried out, or can only be carried out in part or incorrectly, for reasons that lie within the client's sphere of risk, the agreed service will still be invoiced to the client. If the company is not at fault for the non- or incorrect execution, the client has no claims against the company.
- The client is not entitled to assign or transfer rights or obligations arising from the contract to third parties without the prior express consent of the company. The company may assign or transfer rights and obligations under the contract to a third party at any time. The principal shall give its express consent to this. If the principal has not been notified of the transfer, he shall be entitled to pay the company with debt-discharging effect.
IV. RIGHT OF WITHDRAWAL
- The company reserves the right to withdraw from the order even after the conclusion of the contract and to refuse it for reasons that make the execution of the contract unreasonable for the company. This is particularly the case if, for example, reasons which are to be regarded as force majeure have occurred or important facts which are contrary to the fulfillment of the order have been concealed.
- The client has the right to be informed about the reasons for rejection. In this case, the client shall be entitled to a refund of any payments already made.
- If the company is not responsible for the unreasonableness of the execution of the contract, costs already incurred are to be deducted from this refund claim.
Further claims of the client are excluded. If the client has not yet made any payments, the company may demand reimbursement for costs already incurred.
Cancellation of orders by the client is generally possible and must be made in writing.
VI. CANCELLATION COSTS
- cancellation up to eight weeks before assembly: 10%
- four weeks before assembly: 50%
- one week before assembly: 80%
- for cancellations at shorter notice: 100%
- The price list of the company valid at the time of the conclusion of the contract shall apply to the contracts. The only exceptions are agreements to the contrary in individual contracts.
- Price changes for the execution of agreed services become effective if they are announced by the company one month before the execution of the contract with a new price. In this case, the client has the right to withdraw from the contract, which must be exercised in writing within five working days of receipt of the notification.
VIII. SCOPE OF APPLICATION
- The following terms and conditions shall apply exclusively to all initial, current, and future business transactions to be concluded or concluded with the company. The company does not recognize any terms and conditions of the client that deviate from these General Terms and Conditions. These shall not become part of the contract even if the Company does not expressly object to them.
- By placing the order, the exclusive validity of these terms and conditions is recognized by the customer.
IX. CONCLUSION OF CONTRACT
- A contract between the company and the client is concluded either by a written order confirmation by letter, fax, or e-mail on the part of the company or by fulfillment or partial fulfillment of the order on the part of the company. The company has the right to refuse orders that have not yet been confirmed, even without giving reasons.
- Orders placed orally by the client and changes to orders already confirmed shall only become effective if confirmed in writing by the company.
- The company shall only be liable for damages, irrespective of the legal grounds, in the event of intent, gross negligence, and the absence of a warranted characteristic. This also applies to vicarious agents, assistants, and legal representatives of the company.
- In all other cases, the company shall only be liable if essential contractual obligations (cardinal obligations) are violated. In this case, compensation for damages shall be limited to the typically foreseeable damage. There shall be no compensation for atypical or unforeseeable damages.
XI. DISCLAIMER OF LIABILITY
The company is not liable for damages of third parties or damages resulting from force majeure.
The "skyliner" is protected by copyright and patent. Reproduction or use is not permitted without express permission. All rights are reserved.
XIII. PLACE OF PERFORMANCE AND JURISDICTION
- Place of performance and jurisdiction is, as far as legally permissible, the registered office of the company. However, the company is entitled to assert claims against the client also at any other court (competent for the client).
- German law shall apply to the conclusion of contracts.
- Amendments or additions to the contract must be made in writing to be legally effective. Verbal collateral agreements have not been made.
- Should individual parts of the above general terms and conditions be or become invalid, the remaining provisions of these general terms and conditions shall remain in full force and effect.
- Invoices are to be paid immediately upon receipt without any deductions to an account specified by the company. The deduction of discounts requires a written agreement.
- If the fulfillment of the payment claim is endangered due to a deterioration of the financial situation of the client, which occurred or became known after the conclusion of the contract, the company can postpone the further execution until payment is made, or demand an advance payment or other securities for further orders, irrespective of any previous agreement to the contrary.
- If the client is in default of payment in whole or in part, he shall pay interest on arrears at an annual rate of 5% above the prime rate of the ECB, unless the company can prove higher damages.
- The company shall be entitled to demand payment in advance and to render performance only after receipt of the invoice amount.