Terms and Conditions (GTC)
1. Scope
The General Terms and Conditions (GTC) apply to business transactions with all contractual partners of PARK Gartenbau GmbH.
Conflicting general terms and conditions of contracting parties are expressly rejected and require our written consent in order to be effectively included in a contract.
The General Terms and Conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.

2. Offer and Prices
Offers are valid for 6 weeks from the date of the offer. If the service is not called up within 4 months after the acceptance of the offer or the agreed start of execution, the contractor has the right, in the event of changes in wages or material costs, to offer the execution of the contract at correspondingly changed contract prices. If the client does not agree, the contractor has the right to terminate the contract. The service is calculated in such a way that there is freedom of construction during execution and that the service is provided continuously without interruption, according to the contractor's planning. In the event of deviations (e.g. disabilities, disruptions in performance), there is a right to reimbursement of the additional costs.
All prices are net plus the applicable statutory value-added tax.

3rd execution
The customer must ensure that public order is maintained on the construction site and regulate the interaction between the various contractors. He has to obtain the necessary public-law approvals and permits.
The customer must provide PARK Gartenbau GmbH with the existing connections for water and energy free of charge. The customer bears the costs for consumption. The course of supply lines must be indicated by the client before construction begins.
The time of execution depends on the weather. We assume no liability for delays caused by third parties (material suppliers).

4. Documents Provided
We reserve the right of ownership and copyright to all documents provided to the customer in connection with the placing of the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give our express written permission to do so.

5. Billing and Payment Terms
Invoicing is based on measurements and actual material and labor costs. The prices agreed in the contract are decisive. Price increases are possible if, after the conclusion of the contract, certain difficulties arise for our service provision, which we were not informed of in writing before the offer was submitted.
The remuneration is to be paid within 14 days after acceptance without deduction, unless otherwise agreed. The statutory rules apply to the consequences of a delay in payment.
Unless otherwise agreed, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for services that take place 3 months or later after the conclusion of the contract.
Upon conclusion of the contract, we reserve the right to demand the provision of security or advance or installment payments to cover material costs of up to 40% of the order volume.

6. Acceptance
If the customer does not request formal acceptance, the service is deemed to have been accepted 12 working days after completion of the service. If the customer does not request formal acceptance and has used the service or part of the service, acceptance shall be deemed to have taken place 6 working days after the start of use, unless otherwise agreed.
Self-contained parts can be purchased separately.
The customer must assert reservations due to known defects in writing to PARK Gartenbau GmbH at the latest by the times specified in paragraph 1.

7. Warranty
We provide a 2-year guarantee for all trades created by us. Defects and claims must be reported within this period in order to avoid warranty restrictions or loss.
If the customer is in default of payment, PARK Gartenbau GmbH can refuse to remedy the defect until the customer has paid the invoice in full.
Under special circumstances, the warranty for individual work may be void, this applies in particular to construction on a substructure created by third parties or other trades created in advance that are related to our work. The warranty limitation applies from the order confirmation as part of the contract.
Excluded from the warranty: forces of nature and willful destruction.

8. Liability for Defects
We provide a guarantee for any defects by rectification, replacement delivery or new production.

9. Retention of Title
We reserve title to the materials we supply until full payment has been made.

10. Form of Statements
Legally relevant declarations and notifications that the client has to submit to us or a third party must be in writing.

11. Choice of Law - Jurisdiction
This contract is governed by the law of the Federal Republic of Germany. In the case of contracts with merchants, legal entities under public law or special funds under public law, the place of jurisdiction is the court responsible for our place of business.

12. Severability Clause
The ineffectiveness of individual points of these terms and conditions does not affect the effectiveness of the remaining provisions. A new provision shall replace the ineffective provision which comes as close as possible to the economic effect of the ineffective provision.

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