General terms and conditions of agnoss GmbH

I. General
(1) The following general terms and conditions apply to all contracts between agnoss GmbH, An der Alster 6, 20099 Hamburg, and its customers. Any customer conditions that conflict with, deviate from, or supplement these general terms and conditions will not be recognized. Any deviation from the general terms and conditions must be confirmed in writing by agnoss GmbH in order to be legally valid.

(2) The general terms and conditions apply to all legal transactions with entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

II. Conclusion of contract
Offers from agnoss GmbH are subject to change. Customer orders merely represent an offer to agnoss GmbH to conclude a contract. A contract is only concluded through acceptance of this offer. An order is only considered accepted if it has been confirmed in writing by agnoss GmbH.

III. Prices
(1) The prices are in euros plus the VAT applicable at the time the service is provided. VAT is to be paid by the customer.

(2) The prices refer to the services described in the offer and the order confirmation. If the customers request a change to the agreed services or if it only becomes clear after the contract has been concluded that the agreed performance can only be achieved by changing the agreed services for reasons for which agnoss GmbH is not responsible, agnoss GmbH will issue an offer for the changed services and the additional or reduced remuneration to be paid as a result of the change. The order must be carried out under the changed conditions as soon as the parties have reached agreement on the change and the remuneration. Sections 650 b to 650 d of the German Civil Code (BGB) also apply.

(3) The contract is based on the costs for materials, machine use and labor determined at the time the contract was concluded. If the agreed service is provided later than four months after conclusion of the contract for reasons for which the customer is responsible and the costs have increased or decreased in the meantime, agnoss GmbH can request an adjustment of the prices. To this end, you must submit an offer with changed prices before the services begin.

IV. Customer participation
(1) The customers must obtain all official approvals necessary to provide the agreed services at their own expense and present them to agnoss GmbH before the services begin.

(2) Architectural plans, static calculations, expert analyzes (e.g. of the nature of the subsoil and soil contamination) as well as information from authorities and utility companies about the route of pipes (e.g. water pipes, drain pipes, power cables, telecommunications cables) are of from the customer and present it to agnoss GmbH before work begins.

(3) The customers must ensure that agnoss GmbH can reach the construction site with all the machines necessary to provide the agreed services and that the work can be carried out on the construction site. If it is necessary to use adjacent properties, customers must obtain permission from the respective owners.

(4) If third-party trades are necessary before or during the execution of the work, the customers must ensure that these trades are carried out in a timely and proper manner so that there is no delay in the services of agnoss GmbH.

(5) If the customers do not fulfill their obligation to cooperate and thereby fall behind in accepting the services of agnoss GmbH, the latter can demand appropriate compensation within the meaning of Section 642 of the German Civil Code (BGB).

V. Execution deadlines
(1) Execution deadlines agreed between agnoss GmbH and the customer are not binding.

(2) If the execution of the work is delayed for reasons for which agnoss GmbH is not responsible, in particular due to force majeure, weather conditions, strikes or official orders or for reasons for which the customers are responsible, the execution deadlines are extended by Time of delay plus a reasonable surcharge for commencing or resuming work.

VI. acceptance
(1) After the work has been carried out, agnoss GmbH informs the customer that the work has been completed. Customers are obliged to accept the services provided in accordance with the contract within six working days of receipt of the notice of completion.

(2) The services are deemed to have been accepted if agnoss GmbH has given the customer a deadline of at least twelve working days for acceptance after completion and the customer does not indicate acceptance within this period.