General Terms and Conditions
General information
Our general terms and conditions apply exclusively; we do not recognise any terms and conditions of the customer that conflict with or deviate from our terms and conditions, unless this has been explicitly agreed in writing between the parties, whereby such deviating agreements can only apply to individual cases. Deviating statements made by our representatives are only valid for us if we expressly confirm them in writing. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the rest of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
offers
Our offers and other statements are in every respect subject to change, unless the contrary has been explicitly and in writing confirmed by us confirmed by us.
delivery
Delivery and execution deadlines are always subject to change. The start of the delivery period specified by us is contingent upon the timely and proper fulfilment of the obligations of the builder/client. Partial deliveries are permitted. Delivery periods only commence once the final measurements have been taken, after which the order can be placed. This period is suspended until the agreed preparatory work has been completed.
Bad weather days are not considered working days. A bad weather day is any day on which, directly or indirectly, work is impossible for at least 4 hours. Saturdays, Sundays, public holidays, compensatory leave days and annual leave in the construction industry are not to be considered working days within the meaning of this contract. If additional work is agreed, the execution deadlines shall be extended accordingly.
The entrepreneur is released from the delivery – and obligation to perform released in the event of force majeure higher power, which means, in the event of any reason independent of the contractor or if the event a22> event is partly not under its control lies (including: strikes, delivery delays by its own suppliers, export bans, fires, internal organisational difficulties of the company, …). The entrepreneur does not have to prove the unpredictability and the irresistibility of the a46> disruption to prove.
Any liability for exceeded delivery times is excluded, insofar as these are not due to gross a10> negligent or intentional by the contractor caused by.
Prices
Unless otherwise agreed, prices are based on the purchase prices, wages, salary costs, social security contributions, public charges, transport costs, insurance premiums and other costs applicable at the time the offer to sell is made. If one or more components of the cost price increase, the entrepreneur has the right to adjust the price in proportion to this increase. The price of the work will be invoiced according to the hours worked.
Statutory value added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the date of invoicing.
If additional work is required due to the instructions of the architect or safety coordinator, the client must pay the contractor for this work according to the amount of effort involved.
All our invoices are payable within 14 days of receipt without any deductions.
payments
Invoices are payable at the entrepreneur’s registered office. Representatives are not authorised to accept payments. In the case of installation or assembly work, payments shall be made according to the progress of the work.
If payment is not made within 14 days of the invoice date, interest on arrears at a rate of 2% above the statutory interest rate, but at least 12%, and a penalty clause of 15% of the invoice amount, with a minimum of €200.00, shall be payable by operation of law and without prior notice of default. The timeliness of the payment depends on the amount being credited to our account.
In the event of non-compliance with the agreed payment deadline the contractor shall be entitled to, among other things, entitled to suspend deliveries immediately and to terminate the contract with immediate effect .
It is agreed that the mutual claims of the contracting parties against each other are offsetable, regardless of whether a competitive situation involving bankruptcy, seizure or similar proceedings has arisen or is pending with regard to the builder/client, and regardless of the specific contract or contractual relationship from which they originate. The aforementioned claims are considered to be closely related and indivisible across contracts. In the event of a competitive situation involving the builder/client, the claims against the latter are to be regarded as immediately fungible, liquid and enforceable.
Retention of title and transfer of risk
Sold goods remain the full property of the contractor until the date of full payment of the sale price, ancillary costs and taxes. The risks and dangers are borne by the client from the earliest date of storage or installation of the goods, materials or equipment on the construction site. In the absence of full payment, the contractor may take back the goods and cancel the sale by means of a simple written notification if the prior notice of default has not been complied with within 8 days, subject to all claims for damages. The contractor/seller is free to retain the advance payments to cover any losses incurred in reselling the goods.
In the event of resale of the goods, which are the property of the seller, the buyer hereby assigns all claims arising from the resale to the seller as security, even if the goods have been processed.
warranty
Any liability beyond that provided for in the preceding conditions is excluded, regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this also applies to all other claims. Complaints must be reported within eight days at the latest and cannot be considered after this period. The entrepreneur is not liable for consequential damage caused by defects (such as loss of use, etc.).
Execution and deletion of work
If the client or his architect imposes on the contractor the use of certain materials or construction methods with which he expressly disagrees, he shall be released from any liability that may arise from defects in these materials or construction methods.
The client is liable for any errors arising from the specifications or requirements. The contractor is only obliged to provide the services offered. Additional services, in particular those resulting from inadequate or insufficient descriptions of the orders, must be reimbursed or remunerated by the client.
The client shall provide the necessary conditions for normal work performance, such as electricity, safety precautions, material disposal (containers), toilets, lighting, etc., which are required to perform the agreed services. If these necessary conditions are not met, the contractor shall be entitled to remedy the situation at the client’s expense and, if necessary, to charge for additional work, including the cost of remedying the situation.
If the client carries out or has carried out the contractually agreed work himself or through a third party, or if he waives the performance of the contractual work, the contractor shall not be liable for this in any way. In addition, the client undertakes to compensate the contractor for all expenses, work and loss of profit. The amount of compensation shall be fixed at a flat rate of 15% of the value of the work not performed. However, if the contractor demands compensation of more than 15%, he must prove the extent of his loss.
Acceptance of work
With provisional acceptance, the client accepts the work and waives any claims regarding visible defects. Any statutory warranty period shall commence no later than the date of provisional acceptance.
The provisional acceptance takes place as soon as the work in its entirety has been completed and/or the and/or the intended purpose of the construction has been fulfilled. Minor deficiencies that during the warranty period can be remedied are not do not constitute an obstacle to provisional acceptance.
Insofar as the builder the building or. the facility occupies or uses, it shall be assumed that it has tacitly accepted it.
In any case, legal action is only admissible if it is brought within a short period of time after the defect is discovered.
Final acceptance shall take place no later than one year after the date of provisional acceptance.
The possible refusal of the builder to proceed with provisional or final acceptance must be communicated to the contractor in a reasoned letter. a12> a reasoned letter, which within of 15 days after the invitation to provisional or final acceptance by registered letter to be sent is, notified by.
If the client fails to submit a formal objection within the specified time limit in response to the invitation to provisional or final acceptance, or if the client fails to appear at the specified date for acceptance, acceptance shall take place automatically.
neighbourhood disturbances
The client assumes liability towards third parties for any disturbance to neighbours. All damage and inconvenience associated with the execution of the agreed work shall be borne by the client. Insofar as the contractor is directly liable, the client shall bear all expenses (principal amount, interest, costs, etc.).
Data protection:
For the fulfilment of the present contract is the collection and a8> processing personal data of the client is necessary. For any purpose there is the client hereby expressly gives its consent.
In this context, the tenant is informed of the following:
- Name and contact details of the controller responsible for processing the personal data collected: BREVER M. S.à r.l., 3, Op Stackem à L-9952 Drinklange/Troisvierges; Tel. +352 26 90 79-1; Email: info@brever.com
- Purpose and legal basis for processing: the collection and processing of the personal data in question is necessary for the performance of the current contract. The legal basis for this processing is provided in particular in Article 6(1)(b) of Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “General Data Protection Regulation”).
- Duration of storage of personal data: the collected personal data will be stored solely for the duration required which is necessary for the fulfilment and a19> any subsequent processing of the current contract.
- Right to information, correction, deletion, complaint and restriction of the processing and right to object to a13> the processing in question, as well as the right to data portability: There exists in favour of the client a right to information, to rectification, deletion or restriction of the processing of data in accordance with the provisions of the a37> General Data Protection Regulation. You also have a right to a42> data portability in accordance with the provisions of the General Data Protection Regulation. There is also a right to object to the processing in accordance with the above. a3> right to object to the processing in accordance with the provisions of the General Data Protection Regulation. In accordance with the same General Data Protection Regulation, you also have the right to lodge a complaint with the competent supervisory authority. Please note that the provision of the required personal data is contractually necessary. Failure to provide this data will make it impossible to conclude or execute the contract.
Place of performance, Choice of law and Place of jurisdiction and Miscellaneous
Our registered office is the place of performance.
Luxembourg law shall apply to these terms and conditions and all legal relationships between the contractor and the client.
The courts at the entrepreneur’s place of business shall have exclusive jurisdiction over all disputes. However, the entrepreneur is free to refer disputes to another court, in particular the court at the place of residence/registered office of the client or customer.
The contractor reserves the right to publish anonymised photos of the completed project for advertising purposes, to which the customer expressly agrees.
