General terms and conditions of delivery and business of Zimmer.Obst GmbH
All contracts, product deliveries and other services are subject to the following conditions. Deviating conditions, supplements, ancillary agreements or tenders according to VOB are only binding if they are confirmed by us in writing.
2. Conclusion of contract
Our offers are non-binding. We reserve the right to make changes to the design, construction or equipment. Information, drawings and illustrations in our drafts, offers and brochures are considered proposed design ideas and are not binding unless we have agreed them to be binding.
With regard to the quality of the delivered goods or the products completely assembled by us, only our product description according to the offer and order confirmation applies. The VOB applies as the contractual basis for all construction work and assemblies carried out by us, for pure product deliveries the BGB, the latest version in each case.
All drawings, sketches, illustrations, calculations and written documents are our intellectual property and we reserve the copyright here. They may not be made accessible to third parties or used for other purposes without our written consent. If the delivery item is manufactured according to drawings, samples or other information provided by
If the customer infringes the property rights of third parties, the customer shall release our company from all claims.
3. Delivery and Performance
Manufacture, delivery and assembly are carried out at the expense of the customer. The timely delivery or assembly of our individually and artistically developed playground equipment requires a timely written order, at least 8 – 15 weeks before the execution date. The delivery time varies depending on the size of the order.
For the assembly of our play objects, an on-site marking out and height classification of the building site by the AG is necessary. It must be possible to drive on the assembly site with a 15 t articulated lorry. During the construction period, a storage location for the play equipment parts is to be provided by the client. The construction site must be prepared and free of fall protection such as sand, bark mulch or similar. The excavated material must be disposed of on site.
When preparing our offers, we assume soil class 2-4, normal soil quality, without rubble, contaminated sites or hard clay soil.
Additional services that do not correspond to the calculation must be recalculated and recalculated according to effort and difficulty. Any damage caused by us to areas that have already been completed or buildings around the assembly site where we do not have the necessary freedom to build cannot be fully charged to our account.
Delivery and assembly dates are deemed to have been met if the goods have been dispatched or collected within the agreed period. Partial deliveries are permitted to a reasonable extent. Events outside our sphere of influence, such as force majeure, strikes, delays in delivery by a sub-supplier, traffic and operational disruptions, unusual weather conditions, shortages of raw materials and energy, etc., which lead to non-compliance with the delivery and assembly dates or to the interruption of assembly work, entitle us to the delivery – and to extend assembly deadlines accordingly. The client has no claims for damages in these cases.
Likewise, changes made by the client to the playgrounds in terms of design, material and/or size lead to a reasonable extension of the delivery and assembly times. If the delivery or assembly is delayed or canceled for other reasons for which he is responsible, we are entitled to charge the costs we have incurred, such as storage fees, travel and travel costs, at a reasonable level.
If we are in default with our delivery or assembly for reasons for which we are responsible, claims for damages can only be asserted if the customer has set us a reasonable grace period for the provision of the service and this grace period has expired without success.
Our offer prices for complete services apply from the offer date for the following 6 months. If the supplier prices also change, we reserve the right to adjust the prices accordingly. The prices for our Classic products (price list 2020) apply until further notice. However, they lose their validity at the latest when extended and updated subsequent catalogues/price lists appear.
For deliveries of goods, our offered prices apply net ex works Spreenhagen. The applicable value added tax and costs for packaging, freight and postage will be added to the value of the goods at cost.
5. Terms of Payment
Deliveries of goods only, without assembly services, in particular deliveries from the Classic program and complete services that we provide for customers, are only manufactured against payment after the order has been placed and then delivered.
For all individual complete services (manufacture, delivery and assembly), the payment of 30% of the WP against a guarantee, as well as further interim invoices as deductions according to the performance status, is deemed to be agreed. All partial invoices are payable within 18 days and all final invoices within 30 days of the invoice date without delay. For invoices for complete services up to a net amount of €10,000, a payment term of 14 days is agreed, for every additional 30 days from the invoice date.
If a security retention is agreed in writing, the retention can be redeemed against a warranty bond after the work has been completed. The guarantee must be returned to us after the deadline has expired and the guarantee has not been used. If the payment deadline is exceeded, we are entitled to charge default interest of 5% above the respective base interest rate of the European Central Bank. Furthermore, in the event of default of payment, we are entitled to stop work on the BV immediately after the deadline has expired. If, after the conclusion of the contract, we become aware of facts about a significant deterioration in the customer’s financial situation that jeopardize our claim to payment of the invoice, we can demand appropriate security until the time of payment. If the client meets this request
If this does not happen, we can stop the work until clarification has been made or, if necessary, withdraw from the contract. Work done up to that point is to be remunerated and a payment of damages for non-performance is due.
6. Materials and Complaints
Durable materials that have been tried and tested over many years are used, such as oak, larch and robinia wood, Nirosta A2 screws. Ropes and nets are made of average-protected, polypropylene (PP) Hercules rope with steel core. With professional assembly and processing, these materials offer many years of low-maintenance use in the play area.
Wood and wood materials are a natural product. The biological, physical and chemical properties must be taken into account here. All natural differences in colour, structure and other types of wood, including wind and drying cracks in the wood, are part of the natural properties of the material. According to the valid DIN EN 1176/77, cracks do not represent a hazard, liability claims or a defect.
The constructive oak wood posts are installed using steel post shoes (hot-dip galvanized and powder-coated) in the ground, point foundations are made of concrete C 20/25.
7. Defects and Warranty
The delivered goods should be checked for obvious material or manufacturing defects as well as transport damage immediately upon receipt. So that we can act accordingly and help you as quickly as possible, you are obliged to complain about faults and defects in the goods immediately after delivery to the carrier on the bill of lading/delivery note.
We give a warranty period of 2 years on all goods manufactured and delivered by us, in accordance with the statutory provisions of the German Civil Code. This applies from the delivery date/construction site.
The warranty for material defects on movable components purchased from us, such as ropes and nets as well as swing suspensions, is 2 years. The warranty for our construction and assembly work is 4 years according to VOB and applies from the handover date.
The contractor reserves the right to the type and form of supplementary performance in the event of a justified warranty claim
The customer does not receive a guarantee in the legal sense from us, unless a guarantee was agreed in writing and purchased from us at an additional cost.
Regular inspection and maintenance is essential to protect the utility value of your investment. Please note our maintenance and care instructions and, in order not to jeopardize your warranty claim, have the maintenance carried out regularly by trained personnel. The maintenance and main inspections must be documented for the later case of a warranty claim.
If the maintenance and care instructions for the treatment, maintenance and care of our products are not followed or changed in a way not approved by us, this leads to the exclusion of warranty claims. Natural wear and tear is also excluded from the warranty.
8. Liability for Damage
Liability, damage compensation and expense claims for contractual breaches of duty are limited to intent and gross negligence.
9. Retention of Title
Delivered and assembled goods remain our property until full payment.
10. Place of Performance and Jurisdiction
Place of jurisdiction, place of performance and place of payment is the court responsible for our company headquarters (Spreenhagen). Should one or more provisions be or become invalid, the validity of the remaining provisions shall not be affected.
Status January 2022 – The management – ZIMMER.OBST GmbH