General Terms and Conditions of Albrecht Franke

Following COMPANY ALBRECHT FRANKE, owner Albrecht Franke, named 

1. Introduction 

The following Terms and Conditions apply to all contracts, deliveries and other services. The Terms and Conditions apply regardless of whether the contract was confirmed in writing or orally. 

Different or conflicting regulations at the extent of co-contractors regarding these terms and conditions is expressly rejected. They are with your acknowledgement not a part of this contract, insofar as they are not explicitly in consent. 

2. Sales/ Ordering 

Unless the sale was made directly by the company Albrecht Franke, it is deemed to be non-binding (subject to change). 

A contract comes into effect when the contractual partner of Albrecht Franke is commissioned and Albrecht Franke confirms this in writing. This contract shall be binding. 

The company Albrecht Franke is expressly entitled to revise the conditions of the contract until confirmation of the contract otherwise offered for rental or for sale is agreed upon. 

The company Albrecht Franke is entitled to accept the offer from the contractual partner through its own signature or order confirmation within 14 days from receipt of the order. They shall be entitled to ask for all data from the contracting party, including a credit check. 

Acceptance is subject to the availability of goods. 

The company Albrecht Franke is entitled to complete the full or partial fulfillment of the contract by the use of sub-contractors and to contract third parties to fulfill the order. 

3. Price

If no special offer was made, the respective prices displayed at the time of the order are valid. 

The prices displayed are net retail prices, they are additionally subject to VAT solely for the contractual items, service charges and delivery periods will be dependent on the extent and in the manner described.Unless otherwise agreed, the transport will be charged separately. 

The displayed price for delivery includes the transport to street level during business hours from 07:00 clock to 18:00 clock.  

Delivery at other times or in difficult terrain will be charged separately. You may be invoiced separately if the additional party has not specified the spatial relationships accordingly or completely factual. This also applies if, due to the subsoil, the contractually regulated mounting variant cannot be used and additional weight or additional accessories are required. Unless heaters are rented, fuel will be invoiced separately. 

4. Maturity 

The claim for payment of the company Albrecht Franke is immediately and in (advance) due at the time of contract confirmation. Until full payment is received, Albrecht Franke has a lien on the subject matter of the contract. Only after the full payment has been received, will the construction, transportation and handover of the object of agreement be carried out. 

For an untimely payment, there occurs a default. In this case, the provisions of the Civil Code apply. The company Albrecht Franke remains subsided, further default may effect damages and claims.

5. Obligations of the Party 

The contractor is responsible for the following: 

• Provision of all necessary plans (management plans, site plans, building plans)

• pre- and post-cleaning and clearing (including snow and ice) of the installation site/ premises

• free provision of possible necessary assembling aids (cranes, forklifts, etc.), as well as assembly staff (agreed upon) and sanitary equipment

• Assumption of costs for food and accommodation for the assembly personnel and independent organization of these items

• Obtaining all regulatory approvals (including export permits if required) and forward-looking planning at local and regional levels (town clerk's office, trade office and Building Department)

• Ensuring the navigability of the access and exit roads of the site, for trucks up to 40 t payload and axle load of 2-7.5 t carrying capacity on the installation site/ premises

• Granting the right for the possibility of a joint inspection of the site/ premises, and driveways

• Preparation of a flat horizontal and viable mounting subsoil (bitumen, plaster, gravel, etc.)

• Providing suitable weather protection 

• Allocation and commitment of sufficient size and discharges and continuous maintenance of water - and energy supply with stable power

• Restore to the original state after dismantling

• Emptying heater tanks after usage

• Securing a safety fence and lighting of construction site for the subject matter hereof

Drilling holes or the introduction of carpets and other floor coverings, whether they are fixed to the base plate, or not, must be approved in writing by Albrecht Franke in advance. 

The contractor undertakes to protect the floor panels with construction foil to prevent damage caused by tape or the detachment of the band. Damage caused by failure to comply with these rules is to be reimbursed by the contractor. The contracting party agrees in this case, to pay per damaged baseplate €400.00 net to the company Albrecht Franke. The right to claim further damages is reserved. 

In case of failure or stoppage of leased equipment by power failure/ no recourse to the landlord may be invoked. With each power failure, the tenant pays a principle of €1,000.00 / net per projector to the landlord. Possibly major damage to the projectors, which can be caused by a power failure are also borne by the tenant. The tenant agrees to pay for damage that can be caused by a power failure on the projectors themselves. 

Purification of the projection liner is impossible due to the material. Contamination by contact with the ground, due to a power failure causes irreparable damage, which will lead to a replacement of the projection liner having to be made. 

6. Termination of the contract 

The contract may be terminated in writing before handing over the subject matter hereof. In this case, the contractor is obliged to pay 80% of the total as compensation. If the termination of the contract is within less than 48 hours before the agreed start of the assembly, the entire contract amount is due. The assertion of further damages is expressly reserved. 

In continuing obligations of more than a one month duration, the contract may be terminated at the end of the preceding month. 

The right to extraordinary cancellation, in particular because of default or breach of contract, remains unaffected.

7. Transport 

As far as the transportation is part of the contract, the company Albrecht Franke is entitled to carry out the transport by third parties (subcontractors). For the services of a driver for a rented car we charge €38.00 net an hour. 

8. Setup,  Approval 

As per the state building code, the stipulated documents must be requested by the contractual partner in consultation with the relevant state authority as early as possible, and transferred to the foreman before the handover of the subject matter hereof takes place. 

The contractual partner confirms to the foreman of Albrecht Franke or its agent, the completion of the construction permit and the conformity with the contract. It will provide the acceptance protocol. 

Any incidental expenses incurred, will be carried by the contractual partner. 

The contractor confirms the proper condition at takeover, if it is not reported immediately after delivery, the putting into use is deemed acceptance. Subsequent complaints are excluded, unless there are hidden defects.

The contractor is liable for damage and injuries caused by the improper operation of the subject matter hereof. 

For self display for prompt and careful execution building, etc. an inspection book (structural analysis) is available. It may only be submitted to the inspection authority, as drawings and structural calculations are copyrighted. 

Should the contractor not provide the agreed upon assistants at the installation, Albrecht Franke takes over as far as possible, the construction and dismantling alone. In this case, Albrecht Franke is entitled to charge the contracting partner the costs incurred for this fully. This includes, in addition to the working hours, the accommodation and catering costs, travel expenses, etc. In this case, Albrecht Franke is entitled to ask for a single lump sum. 

In case of delays in performance of the contract, Albrecht Franke is to set an appropriate extension in writing. Only after the deadline set in writing, the contractor may possibly assert delay damages (if proven). 

The contractor shall provide the construction plans regarding the location at least 8 weeks before the start of construction on the contractual goods, the required supply lines, the required cut-outs in the floor, the exact location of the doors and the arrangement of gears and connecting tunnels.

In case of delays and waiting times at the construction and dismantling, the company Albrecht Franke will charge € 58.00 / hour for each employee. Any additional damage can be exercised to the extent that this has been proven. 

9. Use and defects 

If the materials contracted at the time of hiring show poorly or a defect is discovered later, the contractor may claim rectification after timely notification. This does not apply if the other party causes the defect itself and will have to answer to this. 

Albrecht Franke can meet the demand for rectification at their choice, by providing an equivalent rented item or by repairing. 

A reduction or termination rights are only available to the contractor if an attempted rectification by Albrecht Franke is unsuccessful or Albrecht Franke has rejected the rectification. 

If several objects are a part of the contract, the contractor is only entitled to terminate the entire contract due to defectiveness of a single object, wherein the rented items left belong together by contract and the deficiency significantly affects the contractually agreed functionality of the objects in their entirety.

If the contractual partner waived the recommended and offered qualified personnel from Albrecht Franke, the contractor can make a rectification claim only in this case if proof that no operational errors were concurrently causative.

The contractually agreed upon rental equipment can deviate up to 5% of the agreed floor space or size without giving any reason and without the consent of the client +/-. Discounts due to the deviation shall not be granted. 

10. Transfer and Retraction 

The contractor is obliged to report damage and loss at return.

At return delivery/restitution, the contractual partner confirms the integrity and freedom from defects by a return delivery protocol. This shall be the exclusive proof that an orderly return of the subject matter occurred. 

11. Liability 

The object of agreement is deemed to be in proper functioning condition and meets the applicable regulations. The liability will only be accepted in cases of gross negligence and intent. 

Albrecht Franke is not liable for impossibility of performance or delays in the construction and dismantling due to unforeseen weather conditions (storm, heavy rain, hail and snow frost, etc.) or force majeure.

Climatic conditions can cause condensation on the roof underside. This can be prevented by adequate ventilation / heating. For which no liability is accepted. 

In case of snow, the contractual partner must ensure, depending on the snow load capability, for immediate site clearance of objects and path area used. 

Damage that the contractual partner could have prevented by applying the necessary care, or caused by negligence of the contractor or a third party, shall be borne by the contractor. 

Albrecht Franke has completed for the object of agreement, liability insurance and fire damage. The specified insurance coverage does not extend to items brought in and consequential damages shall be excluded. 

The contractor is obliged to insure risks generally connected to the subject matter hereof (loss, theft, damage, liability) properly and adequately. 

The contractor is liable for any negligence on his property and personal damage caused by the operation and use of the object. The contractor has to complete at their expense separate liability insurance/ visitors liability insurance. 

For lost or damaged material the contractor must pay compensation. Without permission from Albrecht Franke the contractor (with the exception of conservation and security measures) undertaking changes or repairs to the object of agreement will not be tolerated. 

Any damage resulting therefrom shall be borne by the contractor. 

The object of agreement may not be used as a suspension in particular it is not to be used for heavy loads. 

Painting scaffolding parts, or the floor is not permitted. Glue residue from advertising materials or the like has to be removed before returning to the contractor. The costs required to restore to the original state is borne by the contracting partner. 

Should parts of structures, roofs or coverings get loose or disconnected, the contractual partner is obliged to inform Albrecht Franke immediately and to professionally take the necessary safety measures themselves. 

In windstorm and severe weather risks, the contractor or obligated parties committed to use of the object must immediately shut down all outputs and inputs in the vicinity and if necessary the surrounding area must be evacuated of people. 

The object of agreement is permanently at an internal temperature of minimum 12 °C and heated if necessary. 

The contractor has to provide security in order to avoid theft / damage of the object of agreement at his own expense. 

12. Notice of Termination 

In continuing obligations, Albrecht Franke is entitled, in the case of two overdue monthly payments, to terminate the tenancy without notice, to enter the object of agreeement after three advance notifications and to set foot into and break down the subject matter hereof regardless of any possible still existing booking, in accordance with a reasonable grace period. The same applies to the subletting of the object of agreement to a third party without consent. 

Compensation for damages caused by premature breakdown at one introduced property by the contracting party or a third party is excluded. Albrecht Franke shall without being obliged, announce the dismantling deadline in advance, to allow the contracting partner the timely evacuation. 

At the request of Albrecht Franke, in the event of relocation, the contractor has to notify in writing the introduction of a new location within 24 hours of the current standing or storage location of the subject matter hereof. In the event of default in subletting, the contractor hereby assigns its payment claim against the third party to Albrecht Franke, and is irrevocably committed to questioning, ie. the name, address and contact person of the sub-tenant within two days. 

The contracting partner has to keep closed the subject matter of all encumbrances, demands, attachments or other legal claims on the part of any third parties. He is obliged to notify Albrecht Franke and provide all the necessary documents without delay, of such measures by third parties. 

13. Applicable Law / Jurisdiction 

All contracts are subject to the law of the Federal Republic of Germany. Jurisdiction is Erfurt. 

14. Retention of Title 

All goods supplied under a sale, until full payment of the property of Albrecht Franke. The retention of title also extends to processed goods and in case of a resale on the purchase price - extended retention of title.

15. Severability Clause 

Should one or more provisions of these terms and conditions be invalid, this does not invalidate the entire terms and conditions. The ineffective regulation is replaced by the legally effective provision that is closest to the ineffective one both legally and economically.