1. Scope of application
The following general conditions of the company build Architektur-Visualisierung UG apply exclusively; opposing or deviating conditions of the customer do not apply, unless the company build Architektur-Visualisierung UG has expressly agreed in writing to their validity. The following provisions shall also apply if build Architektur-Visualisierung UG provides its services without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from the following provisions. The company build Architektur-Visualisierung UG is entitled to make changes to the general terms and conditions at any time, as far as these changes are necessary due to changed circumstances and are reasonable for the customer. The company build Architektur-Visualisierung UG notifies the customer of such changes in writing, observing a reasonable deadline. The customer is entitled to contradict the changes within 1 month after receipt. If the customer does not object, the changes shall be deemed accepted. The company build Architektur-Visualisierung UG undertakes to inform the customer of the consequences of an omitted objection with the notification of change. These general terms and conditions also apply to future business between the parties. These general terms and conditions apply only to entrepreneurs according to § 14 BGB (German Civil Code).
2. Offer and conclusion of contract
The offers of the company build Architektur-Visualisierung UG in the context of their Internet appearance are not-binding and noncommittal. The prices contained in such an offer are subject to the proviso that the order data on which the offer is based remain unchanged. The order of the client is a binding offer. The company build Architektur-Visualisierung UG is entitled to accept this offer within two weeks by an order confirmation. This order confirmation requires the written form for the legal effect and is sent by e-mail or by post. Employees or only short-term employees are not authorized to make binding verbal declarations.
Unless otherwise stated, the prices stated in the order confirmation of the company build Architektur-Visualisierung UG plus the respective statutory sales tax are authoritative. In the course of the execution of the work of the client desired changes can be at his expense.
The service of the company build Architektur-Visualisierung UG consists in the visualization of buildings with the help of drawings, plans, etc. Here it is expressly pointed out that it does not concern true-to-scale or constructive purposes serving representations. These representations are intended to give an impression of the object. For better illustration, certain artistic freedoms in the representation of the object are not to be objected to. The company build Architektur-Visualisierung UG will execute the order carefully. It can have the order – completely or partly – executed by third parties. As far as the client does not make a contrary written arrangement, the company build Architektur-Visualisierung UG is free regarding the kind of the execution of the order. The company build Architektur-Visualisierung UG requires existing digital files. If documents are only available on paper or in non-digital form, the client may incur additional costs for transferring, scanning or incorporating the plans and information. Small change requests are included in the price. However, considerable requests for changes in the building architecture or changes after release of the services rendered can lead to additional remuneration. The company build Architektur-Visualisierung UG will inform the client of this in writing in good time and justify the additional costs. The client has to provide information and documents, which are necessary for the visualization (e.g. illustrations, drawings, plans) in time. The contractor is not responsible for the violation of this aforementioned obligation and is not liable for it.
The company build Architektur-Visualisierung UG undertakes to produce the work in accordance with the contract and the documentation. The client has to check the contractual conformity of the work as well as the intermediate products sent for correction immediately and to report obvious defects immediately and in writing at the latest 14 days after knowledge and to enable the company build Architektur-Visualisierung UG to correct them. If the provided work is afflicted with defects, which not only insignificantly impair the use, the client is initially only entitled to subsequent performance within a reasonable period of time. The supplementary performance includes, at the option of build Architektur-Visualisierung UG, either repair or replacement. The interests of the client will be adequately considered in this selection. If the supplementary performance fails with 2 attempts, the client is entitled to the further legal rights. There are no warranty claims for insignificant deviations. There are also no warranty claims if the instructions of build Architektur-Visualisierung UG are not followed or if the client independently makes changes to the work. The warranty is valid for 12 months from the date of acceptance. Defects of a part do not lead to warranty claims in relation to the total performance.
6.1 The contractor is liable for intent and gross negligence. In case of slight negligence, the contractor is only liable in case of violation of a cardinal obligation. In the case of slight negligence, liability is limited to the amount of the foreseeable damage, the occurrence of which can typically be expected. In any case, liability shall be limited to the amount of the agreed remuneration. Liability for culpable injury to life, limb or health shall remain unaffected.
6.2 The company build Architektur-Visualisierung UG is not liable for the loss of data and/or programs insofar as the damage is based on the fact that the client has omitted to carry out data backups and thereby ensure that lost data can be restored with reasonable effort. The client must create the access requirements for the use of the visualizations or interactive models or virtual reality applications himself.
6.3 The contractor is not liable for what is done with the visualization or interactive models or virtual reality applications. It is expressly pointed out that the visualization or interactive models or virtual reality applications of a plan/build/object cannot be used for constructive purposes, as it is a graphic representation with artistic freedom. In particular, the calculation of surfaces and the representation in plan view do not replace an architect or a geometry calculation. The client retains liability for his project. The plans, panoramas or digital models in a virtual representation cannot be used for a value appraisal. The client is liable for the completeness and correctness of his information. Should the client use the services provided by the company build Architektur-Visualisierung UG contrary to these instructions and damages and consequential damages arise from this, the company build Architektur-Visualisierung UG is not liable.
6.4 In the event that an agreed deadline cannot be met by the Contractor due to a change requested by the Customer, the Contractor shall be released from any resulting liability.
7. Payment and default
Unless otherwise agreed in the respective contract, the remuneration will be charged to the customer by the company. The invoice is payable within 10 days after receipt. The company build Architektur-Visualisierung UG reserves the right to demand an advance payment of 50% of the total price after the conclusion of the contract. Objections against the invoice amount can only be raised in writing within six weeks after receipt at the address given. The company build Architektur-Visualisierung UG explicitly informs the customer of the consequences of a failure to comply with the time limit before the beginning of the objection period. The customer may only set off undisputed and judicially established claims. A right of retention can only be asserted for claims from the respective contract. In case of default, the company build Architektur-Visualisierung UG is entitled to demand interest in the amount of 8 percentage points above the respective base interest rate. However, the customer is entitled to prove that build Architektur-Visualisierung UG has not incurred any interest damage at all or not in this amount. Costs for reminders or extrajudicial legal representation shall be borne by the contractual partner.
8. Reservation of title and copyright
The visualization or digital models remains the property of the company build Architektur-Visualisierung UG until full payment. Until then the client has no right of use. After this an unlimited right of use exists for the client. However, he has to mark subsequent changes of the representation by him or a third party. The client is solely liable if rights, in particular copyrights of third parties, are infringed by the execution of his order. The client exempts build Architektur-Visualisierung UG from all claims of third parties due to such an infringement.
9. Granting of rights
The company build Architektur-Visualisierung UG is entitled to create and archive two copies of the commissioned work in order to create its own documentation. The company build Architektur-Visualisierung UG reserves the right to use the finished medium for advertising purposes on its own behalf. The client can refuse the approval, if justified predominant interests oppose this.
The company build Architektur-Visualisierung UG is entitled within the meaning of the Federal Data Protection Act to process and store the data received in connection with the order and to pass it on to third parties commissioned to carry out the work within the framework of order processing.
11. Final provisions
All changes and additions to contractual agreements must be recorded in writing for verification purposes. Cancellations must be made in writing. Notifications that have to be made in writing can also be made by e-mail. Should individual provisions of the party agreements be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements. Place of performance and jurisdiction is Tostedt. German law shall apply to the order and all resulting claims.
Last update: 07.02.2019