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**general terms and conditions studio obscurum°**

 

**1. preliminary remarks**

1.1. by placing the order described herein, the client unconditionally accepts the following general terms and conditions of the contractor, particularly regarding prices, delivery, payment, withdrawal from the contract, and damages.

1.2. the scope of the delivery order is determined by the contract document (order), any sales and technical documents provided by the contractor to the client.

1.3. if the order involves properties, the client, by signing the contract document (order), assures that they are the owner of the relevant property or have been authorized by the owner to place the order.

1.4. if the order involves services subject to registration according to the crafts code, the contractor will only assign these tasks to registered craft businesses or have them performed or supervised by qualified craftsmen.

 

**2. order execution**

the execution or delivery of the order takes place at the location specified by the client. the client is responsible for obtaining any necessary permits unless otherwise agreed. if a specific time is agreed for order execution or delivery, it commences only when the client provides the necessary documents and all binding measurements are available to the contractor.

 

**3. prices**

3.1. if no fixed prices are agreed upon between the client and the contractor, the prices will be calculated based on the prices valid on the day of order execution or delivery.

the prices include the value-added tax applicable at the time of contract conclusion. if the value-added tax changes after contract conclusion, the invoice will be based on the value-added tax valid at the time of contract performance.

3.2. the order confirmation is only valid if the contractually agreed-upon down payment of 30% has been made.

3.3. if the down payment is not made within 14 days, the contractor reserves the right to withdraw from the contract.

 

**4. withdrawal from the contract, termination, damages, and warranty**

4.1. if the client withdraws from the contract or terminates it before the completion of the commissioned work, the contractor is entitled to claim compensation equal to 30% of the contract value unless the client proves that the damage suffered by the contractor is lower or nonexistent.

4.2. if the client refuses acceptance after the completion of components or work, the client owes the contractor 100% of the total contract value for the delivery of components without installation and 90% for delivery and installation. the client may pursue additional claims for damages, which are not affected by this agreement.

4.3. in the event that during the installation process, it is determined that the execution of the order or installation is not feasible in the intended manner for technical reasons beyond the contractor's control, the contractor has the right to withdraw from the contract without the client being entitled to claim damages unless the contractor or their agents have caused the damage grossly negligently or intentionally, or there is bodily harm.

4.4. the contractor provides a warranty of 2 years for the installed security technology. individual systems may have specific warranty periods set by the manufacturer.

 

**5. retention of ownership**

until the full payment of the total contract value, the goods and components delivered by the contractor remain the property of the contractor. the client and contractor agree that this also applies to the installation of the delivered goods. the retention of ownership persists even after the expiration of the contractor's claim.

 

**6. payment**

upon contract signing, 30% of the contract value is due, and upon completion of the order, the remaining 70% is payable.

6.1. the client can offset claims against the contractor only if these claims are legally established or acknowledged by the contractor.

 

**7. order execution**

7.1. during order execution, the client is responsible for ensuring that necessary permits, such as building permits, etc., are in place. the client is also obligated to provide proper access. the client must ensure that the necessary structural prerequisites for order execution are met at the agreed-upon time. the client is further obligated to protect awnings, canopies, windows, and other structural elements before order execution to prevent any damage. the client is responsible for performing or arranging necessary preparations for order execution, such as the removal of rain and water pipes, lines, shutters, lightning protection systems, etc. if, due to circumstances attributable to the client, the order execution cannot take place at the agreed-upon time, the client is obligated to cover the resulting costs (travel expenses and hourly wages, etc.).

 

7.2. the client must ensure that electricity, water, and toilet facilities are available at the agreed-upon time of order execution. if the client fails to meet these requirements, they must cover the costs of providing them.

 

7.3. the liability of the contractor for damages during order execution inside the house or on other items belonging to the client or third parties is limited to intent or gross negligence on the part of the contractor. the contractor or their authorized representatives are liable for damages to the client only in cases of gross negligence or intent or in the case of bodily injury.

 

**8. acceptance**

upon completion of the contractor's work, it is considered accepted. minor and insignificant defects (e.g., color deviations) do not affect acceptance.

8.1. the contractor warrants that the performance at the time of acceptance has the contractually agreed-upon properties, complies with recognized technical standards, is free of defects that would affect its value or suitability for ordinary use, or reduce its value.

8.2. the contractor assumes liability only for services performed by themselves or a third party commissioned by them. no warranty is provided for services that the contractor has not performed themselves or through a third party commissioned by them.

8.3. with acceptance, the client confirms that the completed work and the delivered components and materials are in perfect condition and that the work is accepted as contractually compliant. before acceptance, the client is obliged to inspect the completed work for defects that are visible or obvious or could have been discovered through thorough examination. defects that could have been discovered during a careful examination of the work before acceptance cannot be subsequently contested.

 

8.4. in the presence of defects, the client can demand rectification. the contractor must be given a minimum of 5 weeks to rectify. the contractor may decide between rectification or replacement when providing a substitute. if rectification involves disproportionate costs, the contractor can refuse rectification.

 

8.5. if the contractor fails to fulfill their aforementioned duties, especially the obligation to rectify within the specified period, or if rectification fails, the client can demand a reasonable reduction of the remuneration. contractual withdrawal is excluded. the client is also barred from enforcing the remedy at the expense of the contractor.

 

8.6. if it is agreed between the client and the contractor that the client takes over the installation of the delivered components entirely or partially, liability and warranty for the installation are waived. if the client modifies the delivered and/or installed components, uses them improperly, or otherwise alters or adds to them, the warranty from the contractor is also void.

 

8.7. further claims for damages by the client against the contractor and their authorized representatives for other breaches of contract and tort are excluded unless these are based on intent or gross negligence, or there is bodily harm or a violation of health.

 

**9. supplementary or deviating agreements**

supplementary or deviating agreements are binding for the contractor only if confirmed in writing by the contractor.

 

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