General Terms and Conditions

§ 1 Scope and definitions

These General Terms and Conditions (GTC) apply to all contracts between Facility Masters GmbH, Ruhrallee 185, 45136 Essen, Germany (hereinafter the Contractor) and its customers (hereinafter the Customer) for facility services, in particular cleaning, security and guarding services, garden and landscape maintenance, electrical, plumbing, painting, tiling, flooring and drywall work, removals and transport, vehicle cleaning, and renovation and refurbishment.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code, BGB). A business (Unternehmer) is a natural or legal person or a partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its trade, business or profession (§ 14 BGB).

In relation to businesses, these GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Customer become part of the contract only if the Contractor has expressly agreed to their application. In relation to businesses, these GTC also apply to future contracts of the same kind without any need to refer to them again.

Individual agreements with the Customer, in particular the provisions in the quote and in the order confirmation, take precedence over these GTC. Supplementary conditions may apply to individual service areas; these are referred to in the quote.

§ 2 Quotes and conclusion of the contract

The presentation of services on the website, in brochures and in advertisements is non-binding and does not constitute an offer in the legal sense. Enquiries by the Customer via the form on the website, by email, phone or messenger are non-binding invitations to submit a quote.

On the basis of the information provided by the Customer and, where necessary, an on-site inspection, the Contractor prepares a quote in text form or in writing. The quote describes the nature and scope of the service and the remuneration. Unless stated otherwise in the quote, the Contractor is bound by the quote for 30 days from the date of the quote.

The contract is concluded when the Customer accepts the quote in text form within the binding period (for example by email or by signing the quote) or when the Contractor confirms an order of the Customer in text form. A late acceptance or an acceptance with changes is deemed to be a new offer by the Customer, which requires acceptance by the Contractor.

Cost estimates are non-binding unless they are expressly designated as binding. If a cost estimate is expected to be exceeded substantially, the Contractor will notify the Customer without undue delay. The statutory rights of the Customer under § 649 BGB remain unaffected.

If the Customer requests changes or additional services after the contract has been concluded, these, including the remuneration, will be agreed separately in text form before they are carried out.

§ 3 Scope of services and performance

The nature and scope of the service owed result from the accepted quote or the order confirmation, including any specification of services.

The Contractor performs the services professionally, with due care, in compliance with the applicable statutory provisions and generally accepted rules of technology, and with suitable personnel. Services that require a special licence or registration are performed only within the scope of the existing licences and registrations or by suitably qualified subcontractors.

The Contractor is entitled to engage suitable and reliable subcontractors to perform the contract. The Contractor remains responsible to the Customer for proper performance of the contract.

Unless otherwise agreed, the Contractor provides the equipment, machines, cleaning agents and consumables required for performance. Materials for craft and renovation services are supplied and charged in accordance with the quote.

The right to give instructions to the personnel deployed lies exclusively with the Contractor. The supply of temporary workers is not the subject of the contract.

Section 3a Quality standard

We carry out all services professionally, in line with the recognised rules of the trade and with qualified staff of the respective division. Materials used correspond to the standard described in the quote.

We name a fixed contact person for every job. Work areas are protected and left tidy at the end of each working day; the handover is documented together with the customer.

These quality standards describe how we work and do not constitute a guarantee beyond the statutory warranty rights within the meaning of Section 443 BGB.

§ 4 Cooperation duties of the Customer

The Customer ensures that, at the agreed time, the Contractor has unhindered access to the rooms, areas and objects in or on which the service is to be performed. The Customer provides in good time any necessary keys, access codes, access routes and parking facilities as well as permits (for example from the property management or for no-parking zones, unless the Contractor has undertaken to obtain them).

The Customer provides free of charge, to the usual extent, the water and electricity connections required for performance and, where available and necessary, lighting, heating and a means of disposing of waste water.

Before work begins, the Customer informs the Contractor of all circumstances known to the Customer that are relevant to performance and to safety. These include in particular the routing of concealed pipes and cables, known contamination with hazardous substances (for example asbestos), particularly sensitive surfaces and materials, existing prior damage and particular sources of danger on the premises.

The Customer is asked to remove valuables, cash, important documents and particularly fragile items from the work area, or to secure them separately, before work begins. The liability of the Contractor under § 10 remains unaffected.

If the Customer fails to fulfil the cooperation duties, or fails to do so in good time, and performance is delayed as a result, agreed performance periods are extended appropriately. The statutory claims of the Contractor, in particular under §§ 642 and 643 BGB, remain unaffected.

§ 5 Dates, deadlines and delays

Performance dates and performance periods are binding only if they have been expressly agreed as binding in the quote, in the order confirmation or later in text form. Otherwise they are expected dates which the Contractor will endeavour to meet.

If performance is delayed due to circumstances for which the Contractor is not responsible, in particular force majeure, extreme weather, official orders, industrial action, delays in the delivery of materials for which the Contractor is not responsible, or lack of cooperation by the Customer, the periods are extended by the duration of the hindrance plus a reasonable start-up period. The Contractor informs the Customer without undue delay of such circumstances and their expected duration.

If the hindrance lasts longer than six weeks or its end cannot be foreseen, both parties are entitled to withdraw from or terminate the contract with regard to the part not yet performed. Services already performed are remunerated proportionately. Amounts already paid for services not performed are refunded without undue delay.

If the Contractor is in default, the Customer has the statutory rights. § 10 applies to claims for damages.

§ 6 Cancellation and rescheduling of appointments by the Customer

If the Customer is unable to keep an agreed appointment, the Customer notifies the Contractor as early as possible, if possible no later than two working days before the appointment. If notice is given in good time, the appointment is rescheduled at no additional cost.

If the Customer cancels an appointment at short notice, or if the service cannot be performed at the agreed time for reasons for which the Customer is responsible (for example because access to the premises is not granted), the Contractor may claim compensation for the expenses actually and demonstrably incurred as a result, in particular for a wasted journey, waiting times and personnel who cannot be deployed elsewhere. The Customer remains free to prove that no damage or expense was incurred or that it was lower.

The right of the Customer to terminate a contract for work at any time until the work is completed remains unaffected. In that case the statutory provisions of § 648 BGB apply. Accordingly, the Contractor may claim the agreed remuneration but must deduct what the Contractor saves in expenses as a result of the termination of the contract, or acquires or maliciously fails to acquire through other use of its labour.

A statutory right of withdrawal of the consumer under § 12 is not restricted by the above provisions.

§ 7 Prices and terms of payment

The prices stated in the quote or in the order confirmation apply. Consumers are quoted total prices including statutory value added tax. For businesses, prices are net plus statutory value added tax at the applicable rate, unless stated otherwise.

Services that are not included in the quote and are additionally commissioned by the Customer are remunerated separately in accordance with the agreement made for them. If billing on a time and materials basis has been agreed, it is based on the agreed hourly and material rates and is substantiated by records of the work performed.

The Contractor invoices its services after performance, and as a rule monthly in the case of recurring services. Invoices are due for payment within 14 days of receipt without deduction, unless otherwise agreed. In the case of contracts for work, the final payment falls due only upon acceptance.

For larger or longer orders the Contractor may demand instalment payments for services performed in accordance with the statutory provisions (§ 632a BGB). Advance payments, for example for materials that have to be specially procured, are requested only on the basis of an express agreement in the quote. Statutory provisions protecting consumers, in particular for consumer construction contracts, remain unaffected.

In the event of default in payment the statutory provisions apply. The Customer may set off only claims that are undisputed or have been finally established by a court. This does not apply to counterclaims of the Customer arising from the same contractual relationship, in particular due to defects or completion of the service. The Customer may exercise a right of retention only to the extent that the counterclaim is based on the same contractual relationship.

§ 8 Acceptance and handover

Where the Contractor owes a specific work result (for example in the case of craft, renovation and one-off cleaning services), the Customer is obliged to accept the service performed in accordance with the contract after completion. Acceptance may not be refused on account of insignificant defects (§ 640 (1) BGB).

Acceptance should take place during a joint inspection. An acceptance protocol is drawn up, recording the result, any defects and reservations of the Customer and the deadlines for remedying defects. The protocol is signed by both parties. Each party receives a copy.

The service is also deemed accepted if, after completion, the Contractor has set the Customer a reasonable period for acceptance and the Customer has not refused acceptance within that period stating at least one defect (§ 640 (2) BGB). If the Customer is a consumer, this effect occurs only if, together with the request for acceptance, the Contractor has informed the Customer in text form of the consequences of failing to declare acceptance or of refusing acceptance without stating defects.

Self-contained parts of the service may be accepted separately at the request of the Contractor where this has been agreed.

For services without an owed work result (for example security and guarding services) no acceptance takes place. For recurring services, in particular regular maintenance cleaning, the Customer is asked to report complaints without undue delay after the respective performance so that the Contractor can review and remedy them promptly. The statutory rights of the Customer remain unaffected.

§ 9 Claims for defects (warranty)

Defects in the service are governed by the statutory provisions, in particular §§ 633 et seq. BGB for contracts for work and §§ 434 et seq. BGB for the supply of goods and materials, unless otherwise provided below.

The Customer is asked to report recognisable defects as promptly as possible and preferably in text form with a brief description and, where appropriate, photos. For consumers this is not a precondition for asserting their statutory rights. For merchants, the duties of inspection and notification of defects under § 377 of the German Commercial Code (HGB) remain unaffected where that provision applies.

If there is a defect, the Contractor initially has the right and the duty to provide subsequent performance within a reasonable period. The Customer grants the access required for this. If subsequent performance fails, is refused or is unreasonable for the Customer, the Customer has the further statutory rights, in particular self-remedy, reduction of the remuneration, withdrawal and, in accordance with § 10, damages.

Impairments that are due to inaccurate or incomplete information from the Customer, to materials provided by the Customer, to binding instructions of the Customer given despite a notice of concern from the Contractor, to normal wear and tear or to improper treatment after acceptance are not defects in the service of the Contractor. The duties of the Contractor to examine and to give notice of concerns remain unaffected.

The limitation period for claims for defects is governed by the statutory provisions. The Contractor assumes guarantees in the legal sense only if they are expressly designated as such.

§ 10 Liability

The Contractor is liable without limitation for damage arising from injury to life, body or health that is based on an intentional or negligent breach of duty by the Contractor, its legal representatives or its vicarious agents, and for other damage that is based on an intentional or grossly negligent breach of duty by the Contractor, its legal representatives or its vicarious agents.

In the event of a slightly negligent breach of material contractual obligations (cardinal duties), the liability of the Contractor is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the Customer regularly relies and may rely.

In all other respects, the liability of the Contractor for slightly negligent breaches of duty is excluded.

The above limitations of liability do not apply where the Contractor has fraudulently concealed a defect or has assumed a guarantee for the quality of the service, nor to claims under the German Product Liability Act (Produkthaftungsgesetz) or in other cases of mandatory statutory liability.

To the extent that the liability of the Contractor is excluded or limited, this also applies to the personal liability of its legal representatives, employees and vicarious agents.

Removal and transport services are governed primarily by the statutory provisions of the German Commercial Code on freight business and removal contracts (§§ 407 et seq., 451 et seq. HGB), including the liability provisions and maximum liability amounts laid down there. The Contractor informs the Customer separately with the quote about these liability provisions and about the possibility of agreeing more extensive liability or insuring the goods.

The Customer is asked to report any damage arising in connection with the performance of the service to the Contractor without undue delay after discovering it, so that the facts can be clarified and the insurer informed. For removal and transport services the statutory notification periods of the German Commercial Code apply.

§ 11 Retention of title

Materials, goods and items supplied by the Contractor remain the property of the Contractor until the remuneration attributable to them has been paid in full, unless ownership passes to the Customer or a third party by operation of law through installation or combination (§§ 946 et seq. BGB).

If the Customer is a business, the retention of title applies until all claims arising from the respective contract have been satisfied in full. The Customer must inform the Contractor without undue delay if third parties gain access to the goods subject to retention of title, in particular in the event of attachment.

The Customer is obliged to treat the items subject to retention of title with care until ownership has passed.

§ 12 Right of withdrawal for consumers

If the Customer is a consumer and the contract was concluded off-premises (for example at the premises of the Customer) or exclusively by means of distance communication (for example by email, phone, messenger or online form), the Customer has a right of withdrawal in accordance with the statutory provisions. The withdrawal period is 14 days; for contracts for services and for work it begins on the day the contract is concluded.

The consumer receives the complete statutory withdrawal instruction and the model withdrawal form in text form together with the quote, or at the latest when the contract is concluded. That withdrawal instruction is decisive for the details, in particular for the start of the period, the exercise of the right and the consequences of withdrawal.

If the Contractor is to begin performing the service before the withdrawal period expires at the request of the consumer, an express request by the consumer is required for this, and in the case of off-premises contracts the request must be made on a durable medium. If the consumer withdraws from the contract in this case, the consumer must pay compensation for the value of the services performed up to the time of withdrawal in accordance with the statutory provisions.

The right of withdrawal expires under the statutory conditions of § 356 (4) BGB once the Contractor has performed the service in full.

The right of withdrawal does not exist in the exceptional cases provided for by law, in particular not for contracts in which the consumer has expressly requested the Contractor to visit in order to carry out urgent repair or maintenance work (§ 312g (2) no. 11 BGB). This does not apply to further services provided during the visit that the consumer has not expressly requested, or to goods supplied during the visit that are not required as spare parts for the repair or maintenance.

Businesses do not have a right of withdrawal.

§ 13 Term and termination of recurring services

For contracts for recurring services, for example regular maintenance cleaning, garden maintenance or security services, the term, renewal and notice periods are governed by the individual agreement in the quote or in the contract. In relation to consumers, the statutory limits on contract terms and notice periods apply.

If no term has been agreed, either party may terminate the contract with four weeks notice to the end of a calendar month.

The right of both parties to terminate the contract without notice for good cause remains unaffected. Good cause for the Contractor exists in particular if the Customer is in default with a not insignificant part of the remuneration despite a reminder, or if safe performance of the service is not ensured for reasons for which the Customer is responsible.

Notices of termination must be given in text form.

§ 14 Data protection and confidentiality

The Contractor processes personal data of the Customer in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) to the extent necessary for the initiation, performance and invoicing of the contract. Details are set out in the privacy policy, which is available on the website facility-masters.de.

The Contractor and its employees treat as confidential all information about the affairs of the Customer that becomes known to them in the course of performing the service. Keys and means of access handed over are kept carefully, used only for the purposes of the contract and returned without undue delay after the end of the contract.

§ 15 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a consumer with habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected.

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Essen, Germany. In these cases the Contractor is also entitled to bring an action at the general place of jurisdiction of the Customer. Mandatory statutory places of jurisdiction remain unaffected. For consumers the statutory places of jurisdiction apply.

The Contractor is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Amendments and additions to the contract should be made in text form for evidence purposes. The precedence of individual agreements remains unaffected.

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions (§ 306 BGB).