§1 Contract Basis
The contractual basis for us as the contractor, Gestaltungswerk GmbH®, for accepted orders, are the following General Terms and Conditions (GTC). These GTC apply to business transactions with private and commercial clients. They also apply for assignments under VOB/A.
§2 Offer Prices
Quotations are non-binding. Upon acceptance of the quotation, the quoted prices are valid as contract prices for four months. If, after this period, there is a significant change (greater or less than 0.75%) in the basis for price determination regarding labor costs, the quotation price will increase or decrease accordingly. Unless proven otherwise by either party in individual cases, the price change is 0.85% per 1% change in labor costs.
A value-added tax increase can be passed on to the client if the service is provided more than four months after the conclusion of the contract. The service is calculated to ensure construction site availability and that it is delivered continuously according to the contractor’s planning.
In case of deviations (e.g., obstructions, service disruptions), there is a right to reimbursement of additional costs. The offer, including all parts, remains the intellectual property of the contractor. Any sharing or other use is only permitted in writing on a case-by-case basis.
§3 Weather Conditions
In the event of unsuitable weather or drying conditions, the contractor may suspend the work. The duration of the interruption extends the execution period. Work must be continued under suitable weather conditions, taking into account reasonable organizational and setup times.
§4 Remuneration
According to §632a BGB, progress invoices can be issued at any time and are immediately due and payable. This also applies to the provision of materials, fabrics, or components. The final payment is due immediately upon receipt of the invoice. Discounts must be agreed upon separately and explicitly.
§5 Warranty
The warranty period begins with acceptance and defines the period in which defects in the service can be claimed (statute of limitations). The services are executed according to generally accepted technical standards, for which the contractor assumes warranty.
The contractor is not liable for damages caused by improper use, damage, or processing by third parties, or other circumstances not caused by the contractor. Wear and tear resulting from proper use and/or natural, especially weather-related, degradation are not considered defects and may occur before the end of the warranty period.
This applies particularly to all coatings of exterior wood surfaces and coatings exposed to harsh local climatic conditions. The statute of limitations according to §634a BGB is as follows:
- 2 years for maintenance, renovation, and repair works (works not affecting the building structure)
- 5 years for new construction works and works comparable in scope and importance to new construction (e.g., major renovation) or works affecting the building structure.
§6 Prohibition of Set-Off
The client may not offset payment claims of the contractor with claims from other contractual relationships unless the claims are undisputed or legally established.
§7 Retention of Title
If the contractor also provides deliveries as part of his services, he retains ownership until full payment of the services rendered. If a delivered item is permanently attached to a building, the client assigns any related claims (e.g., in case of resale of the property) to the contractor up to the amount of the contractor’s claim.
§8 Acceptance
The contractor has the right to partial acceptance for completed parts of the service. Otherwise, acceptance is carried out according to §640 BGB. Acceptance is also deemed if the client does not accept the work within a reasonable period set by the contractor. Acceptance can also occur through implied conduct.
§9 Performance Determination, Measurement, and Billing
For lump-sum contracts, billing is according to the contractual agreement. For unit-price contracts, billing is based on measurement of performance according to the finished surface.
As compensation for non-measured preparation work (e.g., around uncoated areas such as windows, doors, switches, sockets, ventilation openings, tile backsplashes, built-in cabinets), these areas are measured up to an individual size of 2.5 m² (0.5 m² for floor areas). Skirting boards and tile bases are measured up to a height of 10 cm. Length interruptions up to 1 m are disregarded.
The client and contractor may agree on more detailed measurements based on the applicable ATV VOB/C standard.
Cancellation Fees:
If the order is canceled after issuance, the following compensation applies:
- From three weeks before the start of execution: 30% of the order value + VAT
- From two weeks before: 40% + VAT
- From one week before: 50% + VAT
§10 Registration in the German Patent and Trademark Office
With the registration of the trademark Gestaltungswerk® GmbH on 28.10.2022, we reserve the right to subtly incorporate/engrave/emboss a brand label on our manufactured surfaces.
§11 Website and Social Media Presence
By accepting our offer, you consent to photos/videos being published on our website and social media channels. Publication is free of charge and not time-limited. I consent that the publication may continue even after the end of the project. Withdrawal for a valid reason is possible in writing.
This consent also applies if the responsible operator acts in a different legal form. I, Erik Kollowa, as the responsible operator, am not liable for unauthorized or improper use by third parties, including downloading or copying published photos/videos.
§12 Miscellaneous
All disputes are subject to the jurisdiction of Oldenburg, Germany, unless otherwise specified in the order confirmation. If any provision is invalid, the validity of the remaining provisions remains unaffected.
No consent from the client is required for the use of subcontractors and/or temporary personnel.
§13 Data Protection Notice
We collect and store the aforementioned personal data to execute the contract (purchase or work contract). In addition to the above data, the quotation, invoice, and total sums of quotation and invoice are stored. Data collection and processing are necessary for contract execution and based on Articles 6(1)(b) and 6(1)(f) GDPR.
Your data will only be shared with third parties if legally required or necessary for order execution (e.g., suppliers, subcontractors, tax office, or our accountant).
Data will be deleted when it is no longer required for the above purposes or after the warranty period of the last order. If legally required, data will be deleted after the statutory retention period (e.g., tax and commercial law retention periods).
You can object to the collection, storage, and use of your personal data at any time. In this case, we will delete the collected data as far as legally permissible.
Contract execution will no longer be possible in case of objection. Objections should be addressed to: Gestaltungswerk GmbH, Einsteinstraße 35, D‑49681 Garrel, Germany, Email: info@gestaltungs-werk.com