1. Offer and conclusion of contract

The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or provide the ordered service within this period. There is a mutual right of cancellation of 14 days (including weekends) after both parties have signed the management contract.

2. Documents provided

We reserve the right of ownership and copyright to all documents - also in electronic form - such as calculations, drawings etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in clause 1, these documents must be returned to us immediately.

3. Prices and payment

1. Our prices in the contract are stated in net and gross. The respective VAT rates shall be applied accordingly. Payment by the customer must be made in gross.
2. Payment of the subscription (purchase price) must be made exclusively to the account specified overleaf. The deduction of a cash discount is only permitted with a special written agreement.
3. Unless otherwise agreed, the subscription is due for payment by the third working day of each month. Interest on arrears shall be charged at a rate of 5% above the respective base interest rate p.a. (according to the Bundesbank base interest rate). We reserve the right to assert higher damages caused by default. In the event that we assert a higher damage caused by default, the customer has the option of proving to us that the asserted damage caused by default has not been incurred at all or at least in a significantly lower amount.

4. Offsetting and rights of retention

The customer shall only be entitled to set-off if his claims have been recognised by declaratory judgement or are undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims arising from the same purchase contract. The customer is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5. Start of service

1. Unless an expressly binding start of service has been agreed, our service dates or service periods for our services are exclusively non-binding information.
2. The commencement of the service period specified by us is subject to the timely and proper fulfilment of the customer's obligations. The defense of non-performance of the contract remains reserved.
3. The customer may request us in text form 4 weeks after a non-binding start of service has been exceeded to start within a reasonable period of time. If we culpably fail to comply with an express start of the service or if we are in default for any other reason, the customer must set us a reasonable period of grace to perform the service. If we allow the grace period to expire fruitlessly, the customer shall be entitled to withdraw from the management contract.
4. The commencement of the service period specified by us is subject to the timely and proper fulfilment of the customer's obligations. The defense of non-performance of the contract remains reserved.
5. The customer may request us in text form to start the service within a reasonable period of time 4 weeks after the non-binding start of the service has been exceeded. If we culpably fail to comply with an express start of the service or if we are in default for any other reason, the customer must set us a reasonable period of grace to perform the service. If we allow the grace period to expire fruitlessly, the customer shall be entitled to withdraw from the management contract.
6. If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer reserves the right to prove that no damage at all or at least significantly less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the service shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
7. Further statutory claims and rights of the customer due to a delay in performance remain unaffected.

6. Retention of ownership

1. We reserve title to the services provided and the resulting products until all claims arising from the supply contract have been paid in full.
2. Until the conclusion of the contract, the customer is responsible for the management and provision of the property-related services and cannot hold us liable for defects or inadequate administration. In particular, he is obliged to insure the property adequately at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as the conclusion of the contract and timely payment have not yet been completed, the customer must inform us immediately in text form if the property to be managed is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by us.
3. We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.

7. Warranty and complaint

1. Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.
2. If the service provided does not meet the subjective requirements listed below, the objective requirements or the contractually agreed requirements, we shall be obliged to provide subsequent fulfilment. This shall not apply if we are entitled to refuse subsequent fulfilment on the basis of statutory regulations.
   1. The item does not meet the subjective requirements if it
   2. does not have the quality agreed between the customer and us,
   3. is not suitable for the use stipulated in our contract and
   4. is not handed over with the agreed instructions.
   5. Unless otherwise agreed between the customer and us in compliance with the applicable information and formal requirements, the item does not meet the objective requirements if it
   6. is not suitable for normal use,
   7. does not have the quality that is customary for items of the same type and that the customer can expect, taking into account the type of item and the public statements made by us or another link in the contractual chain or on their behalf, in particular in advertising or in contractual documents and correspondence,
   8. does not correspond to the quality of a sample or specimen which we made available to the customer prior to the conclusion of the contract and
   9. is not handed over with other instructions which the customer can expect to receive.
   10. An effective alternative agreement between the customer and us on the objective requirements of the item requires that the customer was specifically informed before submitting his contractual declaration that a certain feature of the service deviates from the objective requirements and that the deviation in this sense was expressly and separately agreed in the contract.
3. The customer shall initially have the choice of whether subsequent fulfilment is to be effected by rectification. However, we are entitled to refuse the type of subsequent fulfilment chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent fulfilment does not cause significant disadvantages for the customer. During subsequent fulfilment, the reduction of the purchase price or withdrawal from the contract by the customer are excluded. Subsequent fulfilment shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent fulfilment has failed or if we have refused subsequent fulfilment altogether, the customer may, at his discretion, demand a reduction in the purchase price (abatement) or declare his withdrawal from the contract. The customer does not have to set us a deadline for subsequent fulfilment. As soon as the customer has informed us of the defect, a reasonable deadline has expired and no subsequent fulfilment has taken place by then, the customer is also entitled to withdraw from the contract or to demand a reduction in price.
4. The customer may only assert claims for damages under the following conditions due to the defect if subsequent fulfilment has failed or we have refused subsequent fulfilment. The customer does not have to set us a deadline for subsequent fulfilment. As soon as the customer has informed us of the defect, a reasonable deadline has expired and no subsequent fulfilment has taken place by then, the customer is also entitled to assert claims for damages. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
5. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
6. Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the German Product Liability Act (Produkthaftungsgesetz), and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a guarantee of quality with regard to the service or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage that is based on the absence of the guaranteed quality but does not occur directly in the service if the risk of such damage is clearly covered by the quality guarantee.
7. We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. Otherwise, we shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is concerned.
8. Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
9. The warranty period is generally 2 years, calculated from the transfer of risk. If a defect has become apparent within the limitation period, the limitation period shall not commence before the expiry of four months after the time at which the defect first became apparent. If the customer has handed over the service to us or to a third party at our instigation for subsequent fulfilment or for the fulfilment of claims arising from a guarantee, the limitation period for claims due to the asserted defect shall not expire before the expiry of two months after the time at which the repaired or replaced service was handed over to the customer. This period shall also apply to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted.