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.

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 writing.

In addition, for construction services the provisions of VOB/B in their current version apply where agreed between the parties 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, applicable DIN and EN standards (in particular DIN 4102-5, EN 1634-1, DIN 18095) as well as building-regulatory approvals and general test certificates.

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 writing 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.

§ 6 Acceptance

The client is obliged to accept the performance immediately upon completion. Acceptance takes place formally; an acceptance protocol is drawn up. Minor defects do not entitle the client to refuse acceptance.

If the client fails to accept the performance within a reasonable period despite being requested to do so, or puts it into use, the performance shall be deemed accepted.

§ 7 Warranty

The Contractor is liable for defects in the performance in accordance with statutory provisions, and for VOB/B contracts in accordance with the periods specified therein.

The warranty period is five years from acceptance for construction works and two years from delivery for pure supply services.

Warranty claims are conditional on proper use as well as proper maintenance and inspection of the fire protection components.

§ 8 Liability

The Contractor is liable without limitation for intent and gross negligence as well as for injury to life, body and health.

In cases of slight negligence, the Contractor is only liable for the breach of material contractual obligations (cardinal obligations); in such case liability is limited to the contract-typical, foreseeable damage.

Liability under the Product Liability Act remains unaffected.

§ 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.

§ 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 and — as far as legally permissible — the exclusive place of jurisdiction for all disputes arising from this contract is the Contractor's registered office.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.