General Terms and Conditions
§1. Offer and Contract Conclusion
Our offers and cost estimates are non-binding. They only include such deliveries and services as are expressly mentioned therein. A contract is concluded when orders are accepted in writing by the customer or goods are delivered or services are rendered.
§2. Scope of Services, Deliveries and Services
The content of the written order confirmation is authoritative. Additional expenses due to incorrect customer information are borne by the customer. Minor changes are reserved. The customer must provide binding information about the repair in a timely manner. The scope of repairs and their appropriateness are determined exclusively by the customer. Partial deliveries are permitted.
§3. Documents
The company retains all protective rights. Documents are confidential and may not be reproduced or disclosed without written consent.
§4. Authorized Representatives of the Customer
The customer must notify in writing which persons act as representatives.
§5. Prices
All prices are net in Euros (EUR) ex our workshop (ex works according to Incoterms 2000). In the event of cost increases over four months, the price may be adjusted. For impossible contract fulfillment, the customer owes proportionate remuneration for services rendered.
§6. Payments
Payments are due 14 days after receipt of invoice. Partial invoices are permitted. We are entitled to charge interest at 5% p.a. from the due date. In case of default, 8 percentage points above the base interest rate apply. The customer bears costs for lawyers and courts. Late return is at the customer's expense.
§7. Deadlines and Dates
Deadlines and dates are only binding for us if their binding nature has been expressly agreed in writing in the individual contract. Otherwise, they are estimates. Complete customer cooperation is a prerequisite. Force majeure releases from performance obligations.
§8. Delivery/Collection of the Boat
The customer must deliver the boat professionally and on time and comply with external safety regulations. The boat must be collected after completion of work. In case of improper delivery, the company may refuse acceptance.
§9. Acceptance
The customer must accept the service upon completion, but no later than immediately upon our request. Use is deemed acceptance. For testing, the customer provides necessary operating materials.
§10. Assignment/Set-off and Lien
Assignment of claims requires written consent. Set-off only with undisputed or legally established claims. The company receives a contractual lien on the boat.
§11. Place of Performance and Transfer of Risk
The place of performance is the workshop. The risk of accidental loss or deterioration of the service passes to the customer upon acceptance. Insurance only at the customer's express request.
§12. Retention of Title
For private individuals: Ownership remains with the company until full payment. For entrepreneurs: Ownership remains until full settlement of all current claims. If value exceeds by 20%, goods must be released. The entrepreneur may resell and assigns claims.
§13. Material Defects
Defects must be reported immediately in writing. The company may remedy defects or deliver defect-free replacement goods. The customer must first give us the opportunity to remedy the defect within a reasonable period. Rectification requires appropriate payment. Claims expire after 12 months from transfer of risk.
§14. Damages/Liability
For repairs outside the workshop, the customer is responsible for guarding. The company is not liable for damages from faulty customer documents or lack of stability. Essential contractual obligations are those whose fulfillment makes proper contract execution possible in the first place. In case of breach of duty, damages are limited to typical, foreseeable contractual damages.
§15. Premises and Execution of Work
The customer is liable for damages caused by persons on the premises. As long as the boat or service item is on our premises, persons other than those commissioned by us may not perform any work without written consent. Removed waste becomes the property of the company.
§16. Jurisdiction/Applicable Law
Exclusive jurisdiction is the district court/regional court at the company's registered office. German law applies without the UN Sales Convention. In translations, the German version is authoritative.
§17. Severability Clause
If individual provisions are invalid, the other provisions remain valid and are replaced appropriately.