General Terms and Conditions (GTC)
AS Lübnitz Group GmbH
1. Scope and Deviating Terms and Conditions
1.1 General
AS Lübnitz Group GmbH (hereinafter "AS Lübnitz") performs all assigned work as a contractor within the meaning of § 631 BGB exclusively based on these General Terms and Conditions.
1.2 Acceptance of the Terms and Conditions
By placing an order, the client accepts these terms and conditions. They apply to the entire business relationship and form part of all—also future—contracts between AS Lübnitz and entrepreneurs within the meaning of § 14 BGB (hereinafter: client). Deviating conditions must be expressly agreed upon in writing. There are no side agreements.
2. Conclusion of Contract and Offers
2.1 Non-binding Offers
All offers by AS Lübnitz are non-binding. Contracts only come into effect through written confirmation or actual delivery or performance by AS Lübnitz.
2.2 Definition of Task
The client specifies the task by means of detailed individual orders.
2.3 Rejection of Orders
AS Lübnitz may reject orders if they appear unfeasible or insufficient capacity is available.
2.4 Execution of Orders
The manner of execution of orders lies solely with AS Lübnitz.
2.5 Cooperation of the Client
The client is obliged to support AS Lübnitz in the execution of the order by providing all necessary documents, materials, and parts and by granting access to the company premises.
3. Remuneration and Payment Terms
3.1 Remuneration
Remuneration is based on individually agreed terms. If no specific agreement is made, the usual terms according to the valid AS Lübnitz price list apply.
3.2 Price Information
All prices are net, plus applicable statutory VAT.
3.3 Order Number
The client is obliged to provide an internal order number without being asked. If not provided, AS Lübnitz may issue the invoice without reference to the order number.
3.4 Progress Invoices
For orders lasting longer than one calendar week, AS Lübnitz is entitled to issue weekly progress invoices.
3.5 Payment Due Date
Payments are due 14 days after invoicing without deduction. After this period, the client is in default without further reminder.
3.6 Objections to Invoices
Objections against invoices must be made in writing within 14 days.
3.7 Default in Payment
In case of default, AS Lübnitz may suspend further work until payment obligations are fulfilled.
3.8 Termination of an Order
Termination or revocation of an order must occur at least two hours before shift change or order start.
4. Acceptance
4.1 Acceptance of Services
Services are deemed accepted upon signing of time sheets or dispatch of inspection reports.
4.2 Acceptance Period
For merchants, legal entities under public law, and special public funds: In absence of an acceptance declaration, the service is deemed accepted after 14 days.
5. Set-off Exclusion
Set-off against claims of AS Lübnitz is excluded unless the counterclaim is undisputed or legally established.
6. Delay in Performance, Warranty, and Exclusion Periods
6.1 Force Majeure
AS Lübnitz is not liable for performance delays due to force majeure or similar events such as strikes, lockouts, or official orders.
6.2 Warranty Periods
For merchants and similar: obvious defects must be reported within two weeks; not obvious defects within one year from the start of the statute of limitations. The warranty period for consumers is one year.
6.3 Subsequent Performance
The client must grant AS Lübnitz three attempts at subsequent fulfillment before asserting further warranty claims.
7. Liability
7.1 Scope of Liability
AS Lübnitz is liable for intent and gross negligence according to statutory provisions as well as for injury to life, body, or health.
7.2 Limitation of Liability
In other cases, liability is limited to the typically foreseeable contractual damage.
8. Client’s Duty to Cooperate
8.1 Duty to Support
The client is obliged to provide AS Lübnitz with all necessary information, work materials, and access.
8.2 Timely Cooperation
The client ensures that their cooperation is timely and free of charge.
8.3 Consequences of Non-fulfillment
If the client fails to fulfill their cooperation duties, they bear the resulting consequences.
9. Performance by Third Parties
AS Lübnitz is entitled to have services performed by third parties. These parties are bound by the contractual obligations of AS Lübnitz.
10. Place of Performance and Jurisdiction
For merchants, the exclusive place of jurisdiction is the registered office of AS Lübnitz.
11. Severability Clause
The invalidity of individual provisions of these Terms and Conditions does not affect the validity of the remaining provisions. The contracting parties undertake to replace invalid provisions with regulations that come as close as possible to the intended purpose.