General Terms and Conditions (GTC) of Schreinerei Jaenicke

Date: February 24, 2025

1. General Provisions

1.1 These GTC are based on the General Terms and Conditions of the carpentry and joinery trade (status 4/2022) and apply to all contracts, deliveries, and other services between Schreinerei Jaenicke (hereinafter referred to as "Contractor") and its clients (hereinafter referred to as "Client"). 1.2 German law applies. These GTC apply regardless of whether we act as the Contractor or Client in the contract. Contrary or deviating terms of the customer or supplier are not recognized unless we expressly agree to their validity in writing. 1.3 These GTC do not apply to awards under VOB/A or VOL/A.

1. Contractual Foundations

2.1 Acceptance of Order

Offers are non-binding until written confirmation of the order. If the Client's order deviates from the offer, the contract only comes into effect with our confirmation.

2.2 Delivery Delay

Delivery times are extended in the event of force majeure, legal strikes, involuntary incapacity, or unfavorable weather. In the case of disproportionate delays, both parties are entitled to withdraw from the contract. Delays caused by the Client lead to the transfer of risk from the moment of notification of readiness for delivery. Storage and additional delay costs are borne by the Client.

2.3 Defect Notice

Obvious defects must be reported by entrepreneurs in writing within two weeks of delivery or acceptance. Failure to report within this period excludes any claims for obvious defects. The rules for commercial sales remain unaffected.

2.4 Limitation of Defects

For entrepreneurs without construction services, the warranty period is one year. Exceptions are cases of intent, gross negligence, bodily injury or health damage, or fraudulent misrepresentation.

2.5 Implementation of Warranty

We can remedy defects through rectification or replacement delivery. A right of withdrawal or reduction exists only after failure or refusal of the rectification.

2.6 Dismantling and Installation Costs

The legal regulations of sales law apply.

2.7 Delivery

Delivery occurs up to the unloading point. Additional transport routes or difficult access will be charged separately. Transportation beyond the second floor requires mechanical aids provided by the Client. The passability of the stairs must be ensured.

2.8 Progress Payment

Unless otherwise agreed, progress payments for partial services rendered are permitted.

1. Formal Acceptance

If formal acceptance is contractually required, it is deemed to have occurred after a reasonable request, even without execution, after twelve working days.

1. Compensation for Termination

In the case of unjustified termination of the contract by the Client, we are entitled to compensation of 10% of the unperformed services, subject to proof of a higher damage or a lower proof by the Client.

1. Maintenance, Inspection, and Care Instructions

5.1 Maintenance Obligations

To ensure long-term functionality, regular maintenance is required, especially:

• Fittings and movable parts: Inspection and, if necessary, lubrication.

• Sealing joints: Inspection and treatment as needed depending on use and weather. These tasks are not part of the service unless otherwise agreed in writing. Neglecting maintenance does not affect our liability for defects.

5.2 Room Climate and Ventilation

After the installation of modern windows and doors, a ventilation concept according to DIN 1946-6 must be created by the builder. The indoor air quality must be maintained to prevent mold formation.

5.3 Material-Related Deviations

Minor deviations in dimensions, color, or structure, especially with natural materials (wood, veneers, leather, fabrics), are permissible.

5.4 Climatic Conditions

The Client must ensure suitable climatic conditions to maintain the building components.

1. Exclusion of Offset

Offset is only allowed with undisputed or legally confirmed claims.

1. Retention of Title

7.1 Retention of Title

The goods remain our property until full payment is made.

7.2 Protection from Seizure

Seizures must be reported immediately. The retention of title must be communicated to third parties.

7.3 Business Operations

In the event of resale in business operations, a claim assignment in the amount of the invoice value to us takes place.

7.4 Installation in Real Estate

If the goods are installed into real estate, the corresponding claims from a sale are assigned to us.

1. Ownership and Copyright

Estimates, designs, and calculations remain our property. Use or further disclosure without our consent is prohibited.

1. Dispute Resolution

We do not participate in dispute resolution procedures before consumer arbitration bodies.

1. Jurisdiction

For merchants, the place of jurisdiction is the location of our company.

1. Data Protection

Personal data is stored for the purpose of contract fulfillment in accordance with Article 6, Paragraph 1, Letter b) of the GDPR and is not shared with third parties. Affected persons have the right to information, correction, deletion, and the right to complain to the data protection authority.
The personal data of our customers is stored in a machine-readable format to fulfill our pre-contractual and contractual obligations, such as names, addresses, and contact details of the business or residence address. This data collection and processing is based on Article 6, Paragraph 1, Letter b) of the GDPR. We assure that this data will only be stored for our own purposes. It will not be transmitted to unauthorized third parties for commercial purposes. The data will be deleted as soon as they are no longer needed for the purpose of processing. Individuals whose data has been collected and processed in this manner are entitled to request information about which data concerning them is stored. If the data is inaccurate, these individuals may request correction, or if the data is unlawfully stored, request deletion. They also have the right to file a complaint with the relevant data protection authority.

Schreinerei Jaenicke
Mailänder Ring 3, 66482 Zweibrücken | +49 176 41111856 | info@m-jaenicke.de | www.m-jaenicke.de