General Terms and Conditions

General Terms and Conditions of Spiel-Bau GmbH
valid from June 1st, 2022

1. Scope
Our playground equipments are UNIQUE: Each one of our products has been developed with a lot of love and care and has already been assembled before shipping. We would like to satisfy you as a customer in every respect and build a lasting cooperation. For this it is important that we subject ourselves to uniform rules for our business relationship. We therefore provide all our services on the basis of these general terms and conditions. Please understand that we cannot fundamentally accept external general terms and conditions as the basis of our business relationship with you. Therefore, we also object to the validity of third-party terms and conditions for the future. Of course, we can talk to each other about everything and, on a case-by-case basis, also make special agreements that correspond to a specific situation. Deviating regulations must be in writing to be effective. This also applies to the cancellation of this written form requirement. Please note that these deviating regulations have to be signed only by the CEO. Sales representatives, suppliers and staff, in particular service staff, are not authorized to sign contractual arrangements on behalf of the company.

2. Offers
Our prices, offers, dimensions, weights, delivery times and times of performance are generally non-binding unless otherwise expressly confirmed by us in written form. Offers usually contain a binding period. If this is not the case, the offer is valid for four weeks from the date the offer was made. Offers are prepared on the basis of the documents provided. Certain properties are only guaranteed if they are expressly declared. Unique items may vary from the graphic representations of the offers, in particular in terms of technical progress or safety after testing in accordance with EN 1176. Offer documents, drafts, drawings and models remain our property. There is copyright protection. The customer is therefore not entitled to use them outside of our business relationships or to make them accessible to third parties.

3. Storage costs
If the customer does not accept the goods by the agreed date, storage costs will be charged. The storage costs are EUR 10.00 per square meter per week. The invoice for stored goods is always issued at the beginning of the month for the previous month. The storage cost invoices are to be paid net within 14 days. The period begins from the invoice date.

4. Delivery
Terms of delivery: Free curb site/address (in the case of ONLY delivery without unloading!)

4.1 All information on delivery times is non-binding. The contractor endeavors to meet the delivery times.
4.2 The contractor shall only be liable for transport damage if this is ascertained upon acceptance of the goods and the contractor is informed in written form within 8 days. Our playground equipment is carefully assembled and disassembled in the factory and packed for stacking. Nevertheless, damage can occur on the way to you. We and you are insured! Have transport damage confirmed, please photograph it and send us the pictures. Report complaints as soon as possible.
4.3 Partial deliveries and excess or short deliveries to the extent customary in the trade are permissible.
4.4 If an insignificant defect is found, acceptance cannot be refused if the contractor acknowledges his obligations to remedy the defect.
4.5 If assembly is carried out by the client, we will provide assembly instructions. Technical information and descriptions of the goods are non-binding. We reserve the right to make design changes. It is assumed that the statutory provisions applicable to self-assembly, in particular DIN EN 1176, occupational health and safety regulations, etc., are observed.
4.6 If assembly is agreed with the contractor, the contractor shall appoint authorized specialist companies to carry out the work. The client bears the expenses incurred from construction and assembly. Delays due to a lack of freedom to build will also be charged to the client. The customer is responsible for safety on the construction site. We gladly make an offer for construction site safety. Installation companies and employees are not authorized to make binding declarations for Spiel-Bau GmbH.

5. Payment
5.1 Invoices are to be paid net within 14 days unless other offers were made with the order confirmation. The period begins from the invoice date.
5.2 Spiel-Bau GmbH has trade credit insurance, the rules and regulations of which have a significant impact on payment transactions. In order to obtain insurance cover, Spiel-Bau GmbH asks the insurer to accept cover. Insured customers pay within the payment periods according to point 5.1. If insurance is refused, payment in advance must be made unless another arrangement has been agreed in written form. The customer is at liberty to bring about the insurance with the commercial credit insurance or to offer another insurance or to offer other valuable securities (item 5.2 does not apply to municipalities and denominational institutions).
5.3 If the customer delays the planned delivery, a deduction will be due in the case of the "invoice" payment method. The amount of this depends on the duration of the delay. The partial invoices are to be paid net within 14 days. The period begins from the invoice date.
5.3.1 In the event of a delay of 4 weeks (after the agreed delivery date), 25% of the order amount will be due. In this case, Spiel-Bau GmbH will send a partial invoice.
5.3.2 In the event of a delay of 8 weeks (after the agreed delivery date), 50% of the order amount will be due. The first payment takes place after 4 weeks, according to point 5.3.1. The second partial invoice includes a further 25% of the order amount, based on the first partial invoice.

6. Reservation of proprietary rights
The delivered goods remain the property of the contractor until the purchase price has been paid in full, including all ancillary claims. Ownership is only transferred to the client after all liabilities to the contractor have been fulfilled. Insofar as the goods are resold, this retention of title extends to the claim arising from the sale, without the need for a special agreement with the third party in individual cases. Collection of this claim by the client is only done in trust, the proceeds are to be paid to the contractor in the amount of the claim. The contractor is entitled to inform the third party to be named at his request of the transfer of claims and to give the payment instructions directly to the contractor. The delivered goods may neither be pledged nor assigned to third parties as security. The client is obliged to inform the contractor immediately of access by third parties to the goods delivered under retention of title and to notify third parties who seize the goods of the right of ownership in written form without delay. If the customer violates one of these agreements, the contractor is entitled to declare all claims due and to demand immediate payment.

7. Warranty
7.1 The contractor provides a warranty by remedying material and manufacturing defects by replacing the affected parts or the product.
7.2 In principle, the statutory warranty obligation applies to all parts. Further guarantees are granted on many parts. Depending on the product, these are explained with a guarantee certificate.
7.3 The warranty does not apply if the delivered goods are used improperly or modified, if the customer has not installed it properly and the faulty installation is the reason for the defect. The warranty also does not apply if the original technical markings are changed or removed and also if the rules, periods and services in the maintenance manual have not been complied with. Intentional damage does not trigger any warranty claims. The raising of complaints does not release the customer from the timely settlement of the invoice.
7.4 The customer is entitled to make changes at any time that do not impair the functionality without affecting the rest of the contract content.

8. Premature termination of the contract
The contractor is entitled to withdraw from the contract unencumbered if this appears necessary for one of the following reasons:
- force majeure (official measures, operational disruptions, force majeure at the contractor's sub-suppliers, etc.)
- reasons which are based on the client's financial situation, i.e. if the client's financial situation changes unfavorably during the contract period in the opinion of the contractor.

9. Place of jurisdiction

Place of jurisdiction is Brandenburg an der Havel.

10. final provisions
The contract shall remain binding even if individual points are legally invalid. Ineffective points are to be replaced by the corresponding legal regulation.

Brandenburg, June 1st, 2022

Fabian Lorenz
Managing Director

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