Basholli Garten- und Landschaftsbau

Terms and conditions

Section 1 Area of application

These General Terms and Conditions (GTC) apply to the business transactions between Basholli Garten- & Landschaftsbau and all its contracting parties. Conflicting GTC of contracting parties are hereby expressly rejected. To be included in the contract, these require the express consent of Basholli Garten- & Landschaftsbau. The GTC apply both vis-à-vis consumers and companies, unless a differentiation is made in the respective provision.

Section 2 Quotes

All quotes are subject to change and valid for 14 days. The offer becomes a legally binding contract upon signature by the customer. The agreements and conditions set out in the quote or order confirmation shall apply to the type and scope of delivery. Any additions, amendments and ancillary agreements shall require our written confirmation to be effective. All prices stated in the quote shall be net, excluding applicable VAT. VAT shall be added at the end of the quote.

Basholli Garten- & Landschaftsbau may use a camera drone for planning and preparing an offer. To cover the increased planning effort and expenditure involved in preparing a quote using a camera drone, the customer agrees to a fee of €200 + VAT for this service. This fee shall be waived if Basholli Garten- & Landschaftsbau is commissioned on the basis of this plan.

Section 3 Implementation

The customer shall ensure that public order is maintained on the construction site and manage the cooperation of the various contractors. The customer shall obtain the necessary approvals and permits under public law. The customer shall provide Basholli Garten- & Landschaftsbau with access to the existing water and power connections free of charge. The cost of consumption shall be borne by the customer. Before construction begins, the customer shall indicate the location of the utility lines. The contractor reserves the right to award the contract – in whole or in part – to sub-contractors. The time of execution depends on the weather. Basholli Garten- & Landschaftsbau assumes no liability for delays caused by third parties (e.g. delivery of materials). The customer shall be immediately informed of any work that is absolutely necessary or unavoidable for the proper execution of the order, but which only becomes apparent during the execution of the work through no fault of the contractor. The execution of the work by Basholli Garten- und Landschaftsbau shall be based on the underlying contract/quote and shall be carried out in accordance with the recognized industry standards for construction work. Completion care shall be agreed separately in terms of type, scope and duration, for example. Adequate storage areas, access roads and connections (electricity, water, etc.) required for the execution of the services shall be provided by the customer on the property free of charge for the entire duration of the construction work.

Section 4 Documents provided

Basholli Garten- & Landschaftsbau reserves the right of ownership and copyright to all documents provided to the customer in connection with the order, such as calculations, drawings or photographs. These documents shall be used for the fulfillment of the contract and shall not be made available to third parties without express written consent.

Section 5 Invoicing and terms of payment

The quantities stated in our quote shall be estimated values determined in advance; invoicing shall be based on the services actually carried out and measured on site. It is not always possible for the contractor to determine the cost on a daily basis. Additional and/or alternative items listed in our quotes are generally not included in the total price of the quote. When the order is placed and executed, additional and/or alternative items shall be labelled so-called standard services, and shall be calculated on the basis of the locally measured values using the item and/or unit price listed. In normal cases, invoicing is based on measurements and actual material used and the amount of work done. The material shall be invoiced on the basis of sales units which have been started. Any other type of compensation shall be subject to express agreement. The prices agreed in the contract shall be decisive. Price increases shall be possible if, after the conclusion of the contract, certain difficulties arise for the provision of services which were not known to the contractor prior to submitting of the quote. Unless otherwise agreed, Basholli Garten- und Landschaftsbau reserves the right to make reasonable price

adjustments due to changes in labor, material or distribution costs for services that occur 3 months or more after the conclusion of the contract. We reserve the right to demand financial guarantees or advance payments or payments on account to cover material costs of up to 40% of the order volume upon conclusion of the contract. Any additional costs incurred by the contractor due to changes requested by the customer after the order has been placed shall be borne in full by the customer. Our reminder fees are €5.00 for the first reminder, and €10.00 each for the 2nd and 3rd reminders. We reserve the right to charge surcharges for overtime, work at night or on Sundays or public holidays, as well as for work under difficult conditions that could not have been foreseen in advance.

Section 6 Acceptance

Completion of the service shall be notified by the contractor in person or in writing in the form of a final invoice. If the customer wishes an acceptance inspection, they shall carry this out together with the contractor within 12 working days. If no acceptance is requested, the service shall be deemed to have been accepted 12 working days after notification of completion. Once the customer has taken into use all or part of the result of the work, the services shall be deemed to have been accepted after the expiration of 6 working days after the result of the work was taken into use. Self-contained parts of the project may be accepted separately. The customer shall report any reservations due to defects as soon as they become known (in particular when it comes to parts of the work that are subject to inspection as part of the continuation of the work), but otherwise at the latest upon acceptance. The risk shall pass to the customer upon acceptance, unless the customer already bears it in accordance with the German Construction Contract Procedures VOB/B Section 7. Payment shall be due immediately upon acceptance without deduction, unless otherwise agreed. Any delay in payment shall be subject to statutory provisions; in particular, default shall occur without any further written reminder.

Section 7 Warranty

The contractor shall guarantee that their services have been properly performed at the time of acceptance, that they comply with the recognized industry standards and that they are free from defects that would diminish the value or suitability for the standard use or the use assumed under the contract. The work of all trades carried out by the contractor shall be subject to a 5-year warranty period, in all other cases the statutory warranty periods apply. Any defects or claims shall be reported within this period in order to avoid limitation or loss of warranty. If the customer takes the result of the work into use, in particular without our express approval, the result of the work shall be deemed to have been accepted. If the results of the work are put into use before their completion, any warranty claims against us shall be forfeited. In the event of delay in payment, Basholli Garten- und Landschaftsbau may refuse to remove any defects until the customer has paid the invoice in full. Under particular circumstances, the warranty for individual works may be voided; this applies in particular in the case of construction on a substructure provided by a third party or other work carried out in advance in connection with the contractor’s work. The limitation of warranty shall become a part of the contract upon order confirmation. Force majeure (acts of nature) or willful destruction shall be excluded from the warranty. The contractor shall provide a warranty for any defects by repair, replacement delivery or new installation. If materials and plants are provided by the customer, the contractor’s liability shall extend to the professional work, but not to claims arising from the materials or

plants. Topsoil and humus shall only be checked by the contractor for external structure and quality. No liability shall be assumed for defects that cannot be determined in this process, in particular nutrient content and freedom from pests. The contractor shall not be liable for subsidence damage caused by work on ground not filled in by the contractor, nor for damage caused by weed infestation of the soil. If the contractor supplies plants or seeds, he shall only be obliged to remedy defects such as plants not growing or seeds not sprouting at his own expense if the contractor has been commissioned with the maintenance for at least one growing season (usually 1 year). However, this shall be excluded if the damage can be attributed to the behavior of people, pets, wild animals, grazing cattle or other factors beyond the contractor’s control. The cost of maintenance shall be agreed separately. All dimensions are approximate and may deviate within the statutory standards. When trading concrete products and other natural products, shapes, colors and structures may deviate from the pictures and samples of the materials shown as examples (e.g. natural stones, plants, wood, bamboo, Basholli Garten- und Landschaftsbau WPC...) due to the material or production process. Such deviations do not reduce the utilization value or the properties of the goods and do not justify a complaint. Efflorescence cannot always be prevented in concrete products. Calcium carbonate is crystallized during the hardening process of the concrete due to the evaporation of internal or external water. This white efflorescence is therefore the result of a natural process which cannot be avoided and does not constitute a defect in the quality of the dimension stone. Weathering, soiling and mechanical stresses caused by traffic and use cause efflorescence to disappear. In particularly stubborn cases, however, they can be removed with a special cleaning agent. Changes in color and efflorescence that occur over time, as well as other changes in the goods that are typical of the material due to the effects of weather etc., are typical of the goods. They correspond to the contractual nature of the goods and do not entitle the customer to assert warranty claims. Wood is a natural product; its natural properties, deviations and characteristics shall therefore always be taken into account. In particular, the buyer shall consider its biological, physical and chemical properties when purchasing and using it. The range of natural color, structure and other differences within a type of wood shall be part of the properties of wood as a natural product and does not constitute grounds for complaint or liability. Professional advice shall be sought.

Section 8 Retention of ownership

All delivered goods – building materials, building components, plants and all materials and services – shall remain the property of Basholli Garten- & Landschaftsbau until payment has been made in full, insofar as they are not yet connected to the property. Furthermore, garden and dimensioning plans shall be the sole property of Basholli Garten- & Landschaftsbau, even after payment of the order, as well as any pictures taken of the construction project, which are used for advertising purposes and may be published on the Internet, on television, on flyers or any other advertising material, provided that no persons, street signs or house numbers are recognizable.

Section 9 Toleration and removal

If the customer is in delay in payment, the contractor shall, after prior notification of the contractor, allow the contractor to take back and appropriate building materials, building components and plants – even if these are already firmly attached to the ground – and to take them back at current value and offset them against the amounts owed by the customer.

Furthermore, the hours for taking them back shall also be calculated and invoiced and added to the outstanding amount. The delivery of all goods and services shall be subject to retention of ownership in accordance with Section 455 of the German Civil Code (BGB) with the following extensions. The goods shall remain our property until all claims have been paid in full. If the goods or services have not been paid for within 7 days of the second reminder, Basholli Garten- & Landschaftsbau and the suppliers shall be entitled to retrieve them and enter the contractor’s property.

Section 10 Written form

Legally relevant declarations and notifications that the customer has to make to the contractor or third parties shall be made in writing in order to be effective.