Terms and Conditions

§ 1 Scope

These General Terms and Conditions (GTC) apply to all contracts between Abels Fire Protection Systems (hereinafter "Contractor") and its clients for the planning, supply, installation, retrofitting, maintenance and inspection of fire doors, penetration seals, fire gates, cladding and related structural fire protection services.

These GTC are primarily directed at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law (B2B). Where contracts are exceptionally concluded with consumers (§ 13 BGB), the mandatory provisions of consumer protection law (in particular §§ 312 et seq. and §§ 355 et seq. BGB) apply additionally; conflicting provisions of these GTC do not apply vis-à-vis consumers.

Deviating, conflicting or supplementary terms of the client shall only become part of the contract if and to the extent that the Contractor has expressly agreed to their application in text form.

In addition, for construction services the provisions of VOB/B in their current version apply where this has been validly agreed with entrepreneurs on a case-by-case basis.

§ 2 Offer and Conclusion of Contract

Offers by the Contractor are non-binding unless expressly marked as binding. Dimensions, illustrations and technical information in brochures and on the website are approximate and non-binding unless expressly designated as binding.

The contract is concluded upon the Contractor's written order confirmation or commencement of performance.

Subsidiary agreements, amendments and additions to the contract must be made in text form to be effective.

§ 3 Scope of Services

The scope of services is set out in the offer or order confirmation. Execution is carried out in accordance with the recognised rules of technology and the applicable building-regulatory approvals, general test certificates and other proofs of usability.

The client must ensure on-site conditions that allow installation in accordance with the installation instructions and approval. Additional work due to deviating conditions will be invoiced separately.

§ 4 Prices and Payment Terms

The prices agreed in the offer or order confirmation apply, plus statutory VAT.

Unless otherwise agreed, invoices are due for payment without deduction within 14 days of receipt. Instalment payments may be requested based on construction progress.

In the event of late payment, default interest will be charged at the statutory rate (§ 288 BGB). The assertion of further damages remains reserved.

§ 5 Delivery and Performance Times

Delivery and performance dates are only binding if expressly agreed in text form as binding.

Adherence to agreed deadlines requires the timely clarification of all technical issues, the timely fulfilment of the client's duties to cooperate, and the punctual provision of the construction site.

In cases of force majeure, strike, lockout, official orders or delivery delays not attributable to the Contractor, deadlines shall be extended accordingly. Claims for damages due to delay are governed by § 8 of these GTC.

§ 6 Acceptance

The client is obliged to accept the performance, where rendered in accordance with the contract, immediately upon completion. Acceptance takes place formally; an acceptance protocol is drawn up.

Acceptance may not be refused on grounds of insignificant defects (§ 640 (1) sentence 2 BGB). The client's right to refuse acceptance in the event of material defects remains unaffected.

If the client fails to accept the performance within a reasonable period despite being requested to do so with a deadline, acceptance shall be deemed to have occurred upon expiry of that period, provided that the performance is essentially in accordance with the contract and acceptance may not be refused on other grounds (§ 640 (2) BGB).

§ 7 Warranty

The Contractor is liable for defects in the performance in accordance with statutory provisions; where VOB/B has been validly agreed, in accordance with the periods specified therein.

The limitation period for claims for defects is five years from acceptance for construction works and for works of which the success consists in the provision of planning or supervision services for a building (§ 634a (1) No. 2 BGB); for pure supply services, two years from delivery.

Warranty claims are conditional on proper use as well as proper maintenance and inspection of the fire protection components by the operator. Interventions in or modifications to the components by third parties not authorised by the Contractor may lead to the loss of warranty rights to the extent that they are causal for the defect.

§ 8 Liability

The Contractor is liable without limitation for intent and gross negligence, for injury to life, body and health, within the scope of any guarantee given, and under the German Product Liability Act.

In cases of slight negligence, the Contractor is only liable for the breach of material contractual obligations (so-called cardinal obligations — obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the client may regularly rely). In such case, liability is limited to the contract-typical, foreseeable damage.

Otherwise, the Contractor's liability is excluded irrespective of the legal grounds.

§ 9 Retention of Title

The goods supplied remain the property of the Contractor until all claims arising from the business relationship have been paid in full. The client is obliged to handle the reserved goods with care and to insure them against usual risks.

In the event of conduct by the client in breach of contract, in particular default of payment, the Contractor is entitled to take back the reserved goods after unsuccessful expiry of a reasonable deadline. The taking-back of goods constitutes a withdrawal from the contract only if the Contractor expressly declares this.

§ 10 Final Provisions

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of performance for all services arising from the contractual relationship is the Contractor's registered office.

If the client is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Contractor's registered office; however, the Contractor is also entitled to bring proceedings against the client at the client's general place of jurisdiction. In all other cases, the statutory provisions apply.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.