General terms and conditions of business

of the Joinery Dominik Bergér (GTC)

Construction and furniture joinery / masterworks -CNC | Industriestrasse 6 | 93176 Beratzhausen | GERMANY

§ 1 Validity of the conditions, general:

1. These “General Terms and Conditions” apply exclusively to deliveries and services provided by the company (“Meisterwerke-CNC”); we only recognize conflicting general terms and conditions or general terms and conditions of purchase of the customer that deviate from our general terms and conditions if we have expressly agreed to them in writing. They also have no effect if we have not objected to them in individual cases.
2. The regulation of item 1.1 also applies to all future transactions with the customer.
3. The assignment of claims against us to third parties is excluded. § 354 a HGB remains unaffected.

§ 2 Offers and conclusion of contract:

1. The company's offers are non-binding. The offers represent a non-binding invitation to the customer to order goods from the company.

2. By ordering the desired goods, by completing and sending the order by e-mail, by fax, by telephone or by post, the customer submits a binding offer to conclude a purchase contract.

3. The company can accept this offer within a period of 30 calendar days by sending an order confirmation or by sending the ordered goods. The order is confirmed by sending an e-mail, fax or by post. After fruitless expiry of this period the offer is rejected.

4. The documents belonging to an offer submitted by the company, such as illustrations, drawings, weight and dimensions are only guide values. Deviations from product specifications are permitted provided they are insignificant, do not represent a material defect and have not been bindingly promised.

5. The company's offer documents, drawings, descriptions, samples and cost estimates remain the property of the company and may not be passed on, published, duplicated or otherwise made accessible to third parties without the company's permission. Upon request, the documents are to be returned without withholding copies

§ 3 Prices, price changes:

1. Unless otherwise stated in the order confirmation, the prices apply, excluding packaging, insurance, freight and, if applicable, a surcharge for small quantities. These items will be invoiced separately. The customer is responsible for disposing of the packaging at his own expense.

2. All prices are net prices without sales tax. This is calculated and shown separately on the invoice at the statutory rate on the day of invoicing (currently 19%).

3. The company can charge the customer for additional costs caused by the customer's change requests, even if the company agrees to such change requests, provided that the company has informed the customer beforehand of the additional costs.

4. If there are more than six months between the conclusion of the contract and the agreed and/or actual delivery date, the company's prices valid at the time of delivery or provision shall apply. In the event of price increases from its sub-suppliers, increases in wage and transport costs or other unexpected cost increases, the company is entitled to demand negotiations about a re-evaluation of the price. In the event of disagreement, the company is entitled to withdraw from the contract.

§ 4 Description of services:1. The Bergér joinery offers the customer furniture made of wood for sale, most of which are made to the customer's specifications. After their completion, the products are delivered to the address specified by the customer by a freight forwarder, parcel service or other means of transport.
2. Wood is a natural product that can show color differences and growth-related irregularities. Deviations in structure and color between parts of a piece of furniture or compared to other pieces of furniture made of the same material are reserved insofar as these are in the nature of the materials used and are customary in the trade. Oiled and also stained surfaces can appear uneven. Wood can change its volume, which can lead to warping, imperfect fitting and cracking. Such circumstances do not represent defects and do not entitle the customer to assert warranty rights.
3. The color of the wood surface can change due to the effects of daylight and especially sunlight. Digital images on our website, prints in brochures and wood samples made available to the customer only serve as a guide and do not constitute a guarantee. Deviations are possible and permissible insofar as they are within the natural range of colors and structures typical of the respective type of wood move.
4. The goods are always delivered to the customer in individual parts and must be assembled by the customer, unless otherwise agreed. The Bergér joinery reserves the right to expertly assemble the goods before dispatch for inspection purposes.
The necessary screws and fittings are included in the scope of delivery. If expressly agreed in advance, the Bergér joinery will assemble the products and take back the packaging material.

§ 5 Delivery times:

1. The delivery times stated in the offer are non-binding unless a delivery time has been agreed as binding in individual cases and confirmed in writing. Compliance with an agreed binding delivery period by the company presupposes that all commercial and technical questions between the contracting parties have been finally clarified when the delivery date is agreed and that the customer has fulfilled all his obligations on time.

2. The company will not be in default if its suppliers do not deliver correctly or on time for reasons beyond the company's control.

3. The delivery period is met when the company has reported readiness for dispatch.

4. If collection by the customer is delayed by more than 5 working days after notification of readiness for dispatch, or if the customer is already in default of acceptance, the costs incurred by storage and handling, or at least 1 % of the invoice amount for each started month of storage.

5. War, strikes, lockouts, shortages of raw materials and energy, traffic disruptions and unavoidable operational disruptions, orders from higher authorities - even if they make the execution of the business concerned uneconomical for the foreseeable future - as well as all other cases of force majeure, including at our suppliers , release you from the obligation to deliver for the duration of the disruption and to the extent of its effects. Such events entitle us to withdraw from the contract in whole or in part, without the buyer being entitled to any compensation.

6. Partial deliveries are permitted and must be paid for in accordance with the conditions, provided they are reasonable for the customer.

§ 6 Dispatch and transfer of risk, receipt:
1. In the event that the parties have agreed in writing in the order confirmation to ship the goods, the risk of accidental loss or deterioration of the goods passes to the customer as soon as the goods have been handed over to the persons carrying out the transport or for the purpose of consignment has left the company's plant. If the shipment is delayed or not carried out at the request of the customer, the risk passes to him with the notification of readiness for shipment.

2. At the customer's request, deliveries will be insured in his name and on his account.

3. Goods are to be accepted by the customer, even if they show insignificant defects, without prejudice to the rights under Section 8 of these conditions.


§ 7 Warranty, material defects:

1. If the customer is an entrepreneur, the customer's claims for defects presuppose that he has properly fulfilled his statutory obligations to inspect and give notice of defects. The entrepreneur must report obvious defects in writing immediately, but no later than within a period of one week from receipt of the goods. Otherwise the assertion of warranty rights is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
2. Defects must be documented by the customer using a digital or print photo and sent to the Bergér joinery in writing by email, fax or letter.
3. The customer's warranty claims in the event of defects are based on the statutory provisions within the statutory periods, unless the following regulations result in deviations. Subsequent performance is carried out at our discretion in the form of repair or subsequent delivery.

4. When purchasing new goods, the customer's warranty claims for defects expire one year after receipt of the goods.
5. When purchasing used goods, the customer's warranty claims are excluded.

6. The limitation period of one year and the exclusion of warranty do not apply if the obligation to pay compensation is based on bodily injury or damage to health due to a defect for which the company is responsible or on intentional behavior or gross negligence or its vicarious agents. Irrespective of this, the company is liable under the Product Liability Act.

7. The warranty does not apply if the customer changes the goods, has them changed by a third party or uses them improperly without the consent of the company, making it impossible or unreasonably difficult to remedy the defect. In any case, the customer must bear the additional costs of remedying the defect arising from the change.

8. The customer is obliged to examine the delivery item for any defects upon handover and to notify us immediately in writing. The relevant regulations and legal consequences of the German Commercial Code apply accordingly.

9. If a notice of defects proves to be unjustified, the customer shall reimburse the company for all expenses incurred by us as a result.

§ 8 Retention of title:

1. The company retains ownership of the delivered goods (reserved goods) until all claims, regardless of the legal reason, from the legal relationship underlying the delivery, which the company is entitled to against the customer, have been met.

2. The customer is obligated to notify the entrepreneur immediately in writing of seizures of the goods subject to retention of title and to inform the pledgee of the retention of title. The customer is not entitled to sell, give away, pledge or assign as security the goods delivered to him under retention of title - except in the cases of the following paragraphs.

3. If the delivery is made for a business operation maintained by the customer, the items may be resold within the framework of proper business management. In this case, the customer's claims against the customer from the sale are already assigned to the contractor in the amount of the invoice value of the delivered reserved item. If the items are resold on credit, the customer must reserve title to his customer. The customer hereby assigns the rights and claims arising from this retention of title against his customer to the contractor. 8.4 If items subject to retention of title are built into the client's property as essential components, the client hereby assigns to the contractor the claims arising from the sale of the property or property rights in the amount of the invoice value of the items subject to retention of title with all ancillary rights.

4. If the items subject to retention of title are built into the property of a third party by the customer or on behalf of the customer as essential components, the customer shall already now assert any claims against the third party or the person concerned for remuneration in the amount of the invoice value of the items subject to retention of title with all ancillary rights to the contractor. If the customer processes, combines or mixes the reserved items with other items, the contractor is entitled to co-ownership of the new item in the ratio of the invoice value of the reserved items to the value of the other items.

5. The contractor reserves ownership and copyrights to cost estimates, drafts, drawings and calculations. They may not be used, duplicated or made accessible to third parties without his consent. If the order is not placed, they must be returned immediately. § 9 Payment:

1. Payments must always be made in advance, unless otherwise agreed in writing. In the event of a delay in payment, the provisions of Section 11.2 apply, as well as the statutory regulations regarding delays in payment.

2. In the event of a delay in payment or our claims being jeopardized by a deterioration in the customer's creditworthiness, the company is entitled to call in all claims arising from the business relationship with the customer. It is then also entitled to carry out outstanding deliveries only against advance payment or against the provision of securities. If the customer is unable to provide security within a reasonable period after setting a deadline with the threat of possibly withdrawing from the contract, the company has the right to withdraw from the contract.

3. The company is entitled to demand interest on arrears at a rate of 9 percentage points above the base rate of the ECB that is valid at the time. This does not affect the possibility of claiming higher actual damage.

4. Bills of exchange and checks are only considered payment after they have been cashed and unconditionally credited to the company's account and are accepted without the obligation to present them in good time and raise protests and only after special written agreement and with calculation of all collection and discount charges.

5. The retention of payments due to the assertion of rights of retention or offsetting against counterclaims by the customer are only permissible if these counterclaims are undisputed or have been legally established.

6. Advance payment If no individual payment plan has been agreed, an advance payment can be requested for partial services in the amount of the increase in value. Significant defects only entitle the holder to a retention amounting to twice the expected cost of remedying the defect.

7. Remuneration If the contractual service has been performed and delivered or accepted by the contractor, the remuneration is due immediately after simple accounting and is payable without deduction, unless otherwise agreed.
§ 10 Applicable law, place of jurisdiction, severability:
1. Insofar as the company stores and transmits the order-related personal data of the customer, this is done exclusively for processing and processing the order. In accordance with the provisions of applicable data protection law, the company is committed to comprehensive protection of the customer's personal data.
2. The substantive law of the Federal Republic of Germany applies to these General Terms and Conditions and the entire legal relationship between the company and the customer, excluding the UN Sales Convention (CISG).

3. Unless otherwise stated in the order confirmation, the company's place of business is the place of performance

4. If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the company's registered office is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

5. Should a provision in these General Terms and Conditions be or become invalid, this shall not affect the validity of all other provisions and agreements between the company and the customer.

§ 11 Limitation of liability:

For damages other than those caused by injury to life, limb and health, Schreinerei Bergér is only liable if these damages are based on intentional or grossly negligent action or on culpable violation of an essential contractual obligation by Schreinerei Bergér or its vicarious agents. In the case of slightly negligent breaches of duty, the liability of the Bergér joinery is limited to the foreseeable, typically occurring damage depending on the type of goods. The same applies to actions by legal representatives or vicarious agents.
Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.

§ 12 Data protection:

According to Section 33 of the German Federal Data Protection Act (BDSG), Schreinerei Bergér points out that it stores and processes customer data in machine-readable form for order processing in compliance with the applicable data protection regulations.

§ 13 Place of jurisdiction:

If the customer is a merchant or a legal entity under public law, the court where the Bergér joinery is based is responsible for all legal disputes, unless an exclusive place of jurisdiction is justified for the dispute. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.

§ 14 Applicable law:

All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The provisions of the UN sales law do not apply.

§ 15 Severability clause:

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.

Meisterwerke CNC / Joinery Dominik Bergérwww.meisterwerke-cnc.deinh. Dominik Bergér Master carpenter/ Managing Director