§ 1 General

1. The following service and maintenance conditions (hereinafter referred to as “GTC”) apply to all repair services on cooling units and their parts as well as other services in connection with cooling units, such as the new installation of a corresponding system by Cool+Call GmbH (hereinafter referred to as “Contractor”), provided that the contractual partner (hereinafter referred to as “Customer”) is a natural person within the meaning of Section 13 of the German Civil Code (BGB).
2. Contractual amendments and ancillary agreements require written confirmation by the Contractor to be effective.
3. These General Terms and Conditions apply exclusively. Terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions do not become part of the contract. This also applies if such conditions do not directly contradict but merely supplement the contractual provisions. Exceptions require the express written consent of the contractor. These General Terms and Conditions also apply if the contractor acts for the customer without reservation despite knowing that the customer’s terms and conditions conflict with or deviate from these General Terms and Conditions. In the context of long-term business relationships, these General Terms and Conditions are deemed to have been agreed in the same way for all orders. Counter-confirmations by the customer do not become part of the contract even if they have not been contradicted in a separate letter. The objection expressed in these General Terms and Conditions applies comprehensively, including for all future transactions.
4. The customer’s order is binding if it is accepted after receipt by the contractor by sending an order confirmation or if the contractor starts to carry out the repair work or other work within a reasonable period of time or if a written contract has been concluded in another way within a reasonable period of time.

§ 2 Prices and payment terms

1. The final prices are quoted ex works from the contractor’s place of business including VAT.
2. All invoice amounts are payable in full immediately after the invoice is issued.
3. Repair invoices must be paid by bank transfer.
4. For services that are not included in the order or that deviate from the service description, a supplementary offer can be requested by the customer or submitted by the contractor. If this is not done, these services will be charged according to measurements and time.
5. For orders that take more than a month to complete, interim payments of 90% of the value of the work performed must be made depending on the progress of the work. The interim payments must be requested by the contractor and made by the customer within 10 days of the invoice date.

§ 3 Costs for unfulfilled orders

Since troubleshooting time is working time, in the event that no warranty work is involved, the costs incurred and to be documented will be invoiced to the customer if an order cannot be carried out because:

1. the defect complained of could not be identified in compliance with the rules of technology;
2. the customer culpably misses the agreed deadline;
3. the order was withdrawn during execution;

§ 4 Documents

Documents belonging to the contractor’s offer, such as illustrations, drawings, etc., are only to be regarded as approximately accurate in terms of dimensions and weight, unless the accuracy of dimensions and weight has been expressly confirmed. The contractor reserves all ownership and copyright to these documents. They may not be made accessible to third parties or used in any other way without the consent of the contractor. If the order is not placed, documents created specifically for the customer must be returned without being asked to do so and in all other cases immediately upon request.

§ 5 Warranty and Liability

1. The warranty period for all work, repairs, etc. that are not construction work and for installed materials is 1 year.
2. If a defect is found, the customer must set the contractor a reasonable deadline for subsequent performance. The customer must in particular ensure that the object in question is available to the contractor or his representative for inspection and subsequent performance.
3. If the Contractor is obliged to provide subsequent performance, he may do so at his own discretion by eliminating the defect or by producing the work anew.
4. If the subsequent performance fails, the customer is entitled to reduce the remuneration or to withdraw from the contract. Withdrawal is excluded if the breach of duty by the contractor is insignificant.
5. In the event of injury to life, limb or health resulting from a negligent breach of duty by the contractor or an intentional or negligent breach of duty by his legal representative or vicarious agent, the contractor is liable in accordance with the statutory provisions. The same applies to other damages resulting from a grossly negligent breach of duty by the contractor or an intentional or grossly negligent breach of duty by his legal representative or vicarious agent. For other damages resulting from the breach of essential contractual obligations as a result of slight negligence by the contractor, his legal representatives or vicarious agents, the contractor’s liability is limited to the foreseeable damage typical for the contract up to a maximum of twice the value of the object of the order. Essential contractual obligations are those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. Claims for damages for other damages resulting from the breach of secondary obligations in the event of slight negligence are excluded. The contractor is not liable for other damages resulting from delay that are based on simple negligence; the purchaser’s statutory rights after expiry of a reasonable grace period remain unaffected.
6. The above exclusions and/or limitations of liability do not apply if the Contractor has fraudulently concealed a defect or has provided an independent guarantee for the quality of the item.
7. The customer’s claims for reimbursement of wasted expenditure instead of compensation for damages instead of performance remain unaffected.

§ 6 Extended lien of the contractor on movable property

1. The contractor is entitled to a lien on the customer’s item that came into his possession as a result of the order because of his claim arising from the order. The lien can also be asserted for claims arising from work carried out previously, deliveries of spare parts and other services, insofar as they are related to the item. The lien only applies to other claims arising from the business relationship if these are undisputed or legally binding.
2. If the item is not picked up within 4 weeks of the collection request, the contractor can charge an appropriate storage fee after this period has expired. If the item is not picked up within 3 months of the collection request at the latest, the obligation to continue storing the item and any liability for damage or loss caused by slight negligence will no longer apply. A threat of sale must be sent to the customer 1 month before the expiry of this period.
3. After this period has expired, the contractor is entitled to sell the item at market value to cover his claims. Any excess proceeds must be refunded to the customer.

§ 7 Retention of title

1. To the extent that the spare parts or similar installed during repairs do not become essential components, the Contractor reserves ownership of these installed parts until all of the Contractor’s claims arising from the contract have been settled.
2. If the customer defaults on payment or fails to meet his obligations under the retention of title and the contractor has therefore declared withdrawal from the contract, the contractor can demand the return of the item for the purpose of removing the inserted parts. The customer shall bear all costs of return and removal.
3. If the repair is carried out at the customer’s premises, the customer must give the contractor the opportunity to carry out the removal at the customer’s premises. Labor and travel costs are borne by the customer. If the customer does not provide the opportunity to carry out the removal, Section 6.2 applies accordingly.

§ 8 Right of withdrawal

Consumers have a statutory right of cancellation. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. The contractor will inform the customer separately of their right of cancellation. The contractor will generally only begin work after the statutory cancellation period has expired.

§ 9 Miscellaneous

1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should a provision of this contract be void or contestable or ineffective for any other reason, the remainder of the contract shall nevertheless remain valid. The parties are aware that, according to the case law of the Federal Court of Justice, a severability clause merely leads to a reversal of the burden of proof. However, it is the express intention of the parties to maintain the validity of the remaining provisions in any case and thus to exclude the applicability of Section 139 of the German Civil Code (BGB) altogether. In such a case, the contracting parties undertake to agree on a provision that comes as close as possible to the meaning of the void, contestable or ineffective provision and guarantees a corresponding economic success.