Terms and Conditions of SmartGlassRepair®
Point 1: General
1.1 These terms and conditions are part of all work, orders and deliveries of SmartGlassRepair®. Terms and Conditions of Counteracting Terms and Conditions of Contracting Parties are therefore invalid and will not be accepted or accepted by SmartGlassRepair®.
1.2 All contractual agreements require the written form or the written confirmation in order to be legally valid.
1.3 Verbal agreements, such as commissioning on the construction site, which are subsequently confirmed by the SmartGlassRepair® by email, are also legally valid.
1.4 The scope of the order results from the signed order confirmation.
1.5 Smart repair of glass means the repair of superficial damage to glass, such as scratches, burns, calcifications, etc. on glass surfaces, by grinding, polishing or moving glass mass.
Point 2: Quotations / Offers
2.1 Quotations / offers are only given in writing and are always considered to be non-binding. The preparation of a cost estimate / offer does not oblige the SmartGlassRepair® to accept an order for performance of the services listed in the quote / offer.
2.2 Quotations / offers are, unless otherwise agreed, for a fee. The fee for the quotation / offers will be credited to SmartGlassRepair® when placing an order. Hereby, consumers are referred to the charge of cost estimates / offers pursuant to § 5 para. 1 KschG in the sense of the KschG.
2.3 The preparation of a cost estimate / offer is without guarantee.
2.4 The assignment of rights and obligations under this contract by the client requires the written consent of SmartGlassRepair®.
2.5 Acceptance of a cost estimate / offer made by SmartGlassRepair® is only possible with regard to the service offered.
Point 3: Prices and terms of payment
3.1 Our current prices apply.
3.2 Should price changes be made by third parties between the conclusion of the contract and performance, this price increase must be reported to the customer without delay. However, he is obliged to accept price increases of up to 10%, provided that less than two months have elapsed between placing the order and performing the service.
3.3 Unless otherwise agreed in writing, the payment is due promptly upon receipt of the invoice. In case of late payment, default interest of 12% p.a. as agreed. Payments are initially credited to any reminder fees, costs, interest and then to the oldest due invoice.
3.4 In the event of settlement or insolvency proceedings, all claims by SmartGlassRepair® arising from the current business relationship, including claims due later and unpaid, are immediately due without regard to the payment date granted, and the discounts and rebates deducted in the invoices lose their effectiveness.
3.5 For all services and goods delivery by SmartGlassRepair® the practice of train to train business applies.
3.6 Alle Waren und Lieferungen bleiben bis zur vollständigen Bezahlung im Eigentum von SmartGlassRepair®.
3.7 All goods and deliveries remain the property of SmartGlassRepair® until full payment.
Point 4: Performance
4.1 SmartGlassRepair® is obliged to perform the service at the earliest when all technical and contractual details have been clarified and the client has fulfilled his obligations and created the structural, technical and legal conditions for execution.
4.2 Required authorizations of third parties as well as notifications to the authorities or authorizations by the authorities are to be arranged by the client at his expense.
4.3 Should the provision of the services by SmartGlassRepair® take several days, then the client has to provide free lockable rooms for the stay of the workers as well as for the storage of tools and materials for the period of performance.
4.4 Furthermore, the client must provide the following points free of charge for the performance: Electricity 240V 20A, water, residual waste disposal, parking for a service vehicle
4.5 If the order is urgently required to be carried out, or if its urgent execution is requested by the client, any extra work required will be charged separately.
4.6 SmartGlassRepair® requires a minimum temperature of 5 ° C and bright daylight for the proper performance of glass renovations over a period of at least 8 hours per working day. If these parameters are not met, SmartGlassRepair® can postpone binding completion dates without any fault and charge for any additional costs such as additional arrivals, departures or downtime.
4.7 SmartGlassRepair® collects the type, condition and thickness of the glass as well as any coatings using a GlassBuddy® Glass Gauge as part of the claims assessment process and lists these parameters in the offer. The customer is obligated to examine these findings and to inform SmartGlassRepair® about the type, thickness, coating, age, etc. of the respective glasses and to provide evidence of false assumptions and findings.
4.8 It is only possible to refurbish glass which has no undersize before processing and whose properties can only be varied within a certain tolerance by refurbishing SmartGlassRepair®.
4.9 Grinding on discs leads to changes in the glass surface. Depending on the viewing angle and light irradiation, the processed area can be recognized as such. In general, however, the distortion in the glass is not visible or disturbing to the ordinary viewer, and is in line with the evaluation criteria of the Guidelines for the Assessment of the Visual Quality of Glass for Construction. The valid standards and accepted rules of technology apply at the time of execution.
4.10 SmartGlassRepair® reserves the right not to accept and carry out work if it is technically or technically unworkable.
4.11 The SmartGlassRepair® site technician has the skills to cease work, or not to start at all, if, on the basis of his experience, he or she determines that glass breakage is likely or not to be satisfactorily remediated.
Point 5: Performance deadlines and dates
5.1 The deadlines and dates agreed on the order confirmation apply.
5.2 If the commencement of performance or execution by the Principal is delayed and the delay has not been caused by circumstances attributable solely to the jurisdiction of SmartGlassRepair®, agreed performance periods shall be extended accordingly or agreed completion dates shall be postponed accordingly. This also applies in the case of additional orders. The additional costs incurred by delays shall be borne by the client if the circumstances giving rise to the delays are to be assigned to his legal sphere.
Point 6: Takeover
6.1 By signing a confirmation of work and order, the client confirms the faultless and proper performance of SmartGlassRepair®. Subsequent damage or defects (other than hidden defects, of course) will not be recognized by SmartGlassRepair®.
6.2 If the client or his representative, for whatever reason, does not accept the delivery, service or the work of SmartGlassRepair® immediately after completion, each work will automatically be considered as faultless if the client does not notify any defects in writing within 72 hours after the construction site has been vacated ,
Point 7: Partial payments and costs
7.1 It is up to SmartGlassRepair®, immediately after the commissioning of work or before the start of this to make an on-account payment of up to 50% of the order amount.
7.2 The client has to make installment payments in accordance with the progress of the execution of the service at the request of the contractor within 14 days after invoicing.
7.3 In case of non-timely payment, SmartGlassRepair® is entitled to charge dunning fees at the expense of the client and to cease the work until receipt of the partial payment. In such a case, the client is neither entitled to withdraw from the contract nor may he initiate substitute actions.
7.4 It is up to SmartGlassRepair® to subject each customer to one or ongoing credit checks;
If, during the credit check of a client, under certain circumstances a risk for SmartGlassRepair® only emerges after the conclusion of the legal transaction, SmartGlassRepair® is entitled to demand the entire contract amount as prepayment before the start of the work. Transactions on prepayment are only scheduled on the account of SmartGlassRepair® upon receipt of the entire amount, which forcibly postpones the execution date.
Item 8: Retention of title
8.1 Until all claims of SmartGlassRepair® from the current terms and conditions with the customer, SmartGlassRepair® retains ownership of the goods delivered by it, even if they are processed. The property is transferred to the client only if SmartGlassRepair® can fully dispose of the purchase price. Instead of the goods belonging to SmartGlassRepair®, the claim against the third party buyer occurs when it is sold, without the need for an explicit assignment. If the customer is in default of payment, SmartGlassRepair® is entitled to take back the goods subject to retention of title without this being equivalent to a withdrawal from the contract.
Point 9: Limitation of Liability
9.1 By mutual agreement, the liability of SmartGlassRepair® for damages, insofar as these are not based on intent or gross negligence, excluded.
9.2 By mutual agreement, the liability of SmartGlassRepair® for indirect, consequential or atypical damages of any kind, as well as for the compensation of lost profits, as well as for the loss of data or damage to tangible assets and rights, is excluded.
9.3 SmartGlassRepair® is solely liable for professional workmanship. If, after completion of the work, the glass does not meet the guidelines for assessing the visual quality of glass for the building and must therefore be replaced or if the pane to be repaired breaks, no expenses will be charged for the work done on this pane.
9.4 Damaged glass, which SmartGlassRepair® is designed to clean, may have unpredictable tensions or weak points, which could cause the glass to break down and require replacement. The replacement of a disc processed by SmartGlassRepair®, which breaks down during the work and any consequential costs that may result, shall be borne by the client. Such cases are very unlikely, and if they do occur, they can be attributed to an injury or weakening of the disc that was already present before the renovation. Glass damaged or straddled by SmartGlassRepair® prior to SmartGlassRepair® refurbishment may break / break during SmartGlassRepair® refurbishment, for which SmartGlassRepair® will not be responsible. The fact is that e.g. For float glass in the edge area, which is covered by strips and sealing compounds, predetermined breaking points may exist (such as shells), which inevitably lead to breaks in the processing of the glass. Damage that is not visible before the start of the work of SmartGlassRepair® is generally in the sphere of the client.
9.5 Damage due to misrepresentation by the client or failure to observe and warn is generally at the expense of the client.
Point 10: Warranty
10.1 The client acknowledges with approval that in case of a written assertion of a warranty claim, the authorization of SmartGlassRepair® exists, the remedy of the defect can be fulfilled by improvement of the thing or exchange of the thing. Mutually agreed price reduction and conversion claims are therefore excluded, unless mandatory provisions do not preclude. The SmartGlassRepair® is thus free to initiate improvement or replacement within a reasonable period of time.
10.2 The warranty obligation begins with the handover or acceptance of the item or the work by the SmartGlassRepair®, but no later than the date of the invoice by SmartGlassRepair®. Complaints regarding the quality, type and quantity of the goods must be reported in writing to SmartGlassRepair® immediately after receipt of the goods; For hidden defects, the provisions of the German Commercial Code apply with regard to the customer’s obligation to notify defects, insofar as there is no consumer business.
Point 11: Others
11.1 Verbal side agreements, in particular with the staff of SmartGlassRepair®, are not valid. All declarations and communications of the client relating to this contractual relationship have legal effect only if they are made in writing and confirmed by a person authorized by SmartGlassRepair®.
11.2 The place of jurisdiction is the BG 9400 Wolfsberg in Austria as agreed. The contractual relationship is governed exclusively by Austrian law. SmartGlassRepair® is also entitled to assert its claims against the authorities and courts that are locally and objectively responsible for the client. However, this does not apply to the client.
11.3 Should individual provisions of these terms and conditions be or become invalid in whole or in part, this will not affect the validity of the terms and conditions. In place of the invalid provisions are those which, in the opinion of diligent and fair contracting parties, most closely approximate the invalid provisions.
11.4 This version of the terms and conditions replaces earlier versions.