General Terms and Conditions
I. General
The following General Terms and Conditions (hereinafter referred to as ‘GTC’) shall apply exclusively to all contracts for work, services and other performances of VALIOSERV GmbH (hereinafter referred to as ‘VALIOSERV GmbH’) to the customer (hereinafter referred to as ‘customer’). These GTC shall only apply if the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), or a legal entity under public law or a special fund under public law. They do not apply to contracts with consumers within the meaning of § 13 BGB. Deviating or conflicting terms and conditions of the customer shall not be recognised by us unless we have expressly agreed to them. These GTC shall also apply to all future business relations between the parties, even if they are not expressly agreed again.
II. Offer, cost estimate
1. Offers made by VALIOSERV GmbH shall not constitute a legally binding offer, but an invitation to the customer to place an order.The documents forming part of the offer, such as illustrations, drawings, weights and dimensions, are only approximate; services and operating costs are stated as average values.
2. VALIOSERV GmbH reserves the property rights and copyrights to cost estimates, drawings and other documents forming part of the offer.They may not be reproduced or made accessible to third parties without the consent of VALIOSERV GmbH.
3. the customer shall be bound to his order for a fortnight, unless another binding period is specified.The contract shall be concluded when VALIOSERV GmbH has confirmed acceptance of the order to the customer.
4. VALIOSERV GmbH shall be entitled to change the manner in which the services are provided if this is necessary for legal, technical or important operational reasons and is reasonable for the customer.
III. Price, payment and offsetting
1. the prices are quoted in EURO plus the statutory value added tax,
3. unless otherwise agreed with the customer, payment shall be made to VALIOSERV GmbH within ten (10) days of performance of the service and receipt of the invoice, without any deductions. Promised discounts shall only apply in the event that the customer is not in arrears with the payment of earlier services.
4. offsetting against counterclaims of the customer shall only be permitted if they are undisputed, recognised or legally established by VALIOSERV GmbH.
IV. Deadlines and default
1. the deadlines and dates for the services promised by VALIOSERV GmbH shall only ever be approximate, unless a fixed deadline or date has been expressly promised or agreed.
2. the deadline for the provision of the services shall be extended appropriately in the event of measures in the context of lawful industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond the control of VALIOSERV GmbH or its vicarious agents, insofar as such obstacles can be proven to have an influence on the service owed.
V. Liability for defects
1. in the event of wilful intent or gross negligence, VALIOSERV GmbH shall be liable in accordance with the statutory provisions; the same shall apply in the event of culpable breach of material contractual obligations. In the case of simple negligence, liability for damages in the event of a breach of a material contractual obligation on the part of VALIOSERV GmbH shall be limited to the foreseeable, typically occurring damage. Material contractual obligations are contractual obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
2. liability for culpable injury to life, limb or health and liability under the Product Liability Act shall remain unaffected.
Unless expressly regulated otherwise above, the liability of VALIOSERV GmbH shall be excluded. The aforementioned limitations of liability shall also apply in the event of breaches of duty by VALIOSERV GmbH's executive bodies, representatives or vicarious agents.
VI. Limitation period
1. claims of the client for defects in planning services, monitoring services, assembly work, maintenance work and other services of VALIOSERV GmbH shall become statute-barred in deviation from § 634a para. 1 no. 1 BGB within twelve months beginning with the acceptance of the service.
2. if VALIOSERV GmbH's performance involves the construction of a building or a work whose success consists in the provision of planning or monitoring services for this purpose, the limitation period shall be five years from acceptance in accordance with the statutory provisions (Section 634a (1) No. 2 BGB). Other special statutory provisions on the limitation period, in particular Section 634a (1) No. 3, (3) BGB, shall remain unaffected.
3. the above provisions shall not affect the limitation period for claims for culpable injury to life, limb or health, claims for other damages based on a grossly negligent breach of duty by VALIOSERV GmbH or on an intentional or grossly negligent breach of duty by one of its legal representatives or vicarious agents, and claims under the Product Liability Act. The statutory limitation periods shall apply to these claims.
VII. Place of fulfilment, place of jurisdiction, applicable law
1. the relations between the contracting parties shall be governed by the law of the Federal Republic of Germany.
2. the place of jurisdiction for all disputes arising between the parties, in the case of a legal transaction with a merchant, a legal entity under public law or a party to a special fund under public law, shall be the registered office of VALIOSERV.
legal entity under public law or a party to a special fund under public law shall be the registered office of VALIOSERV GmbH in 32549 Bad Oeynhausen. VALIOSERV GmbH may also sue the customer at its registered office.
VIII. Data protection
The customer's personal data shall be processed by VALIOSERV GmbH in compliance with the VALIOSERV GmbH shall store and process the customer's personal data exclusively within the framework of the contractual relationship existing between the customer and VALIOSERV GmbH and shall not be passed on to third parties without the customer's express consent.
Status:June 2025