Menu
GENERAL TERMS AND CONDITIONS FOR END CUSTOMERS
General information
The Contractor shall be permitted to commission third parties to fulfill its contractual obligations.
Offer and contract
A non-binding offer (legally speaking, an invitation to submit an offer) is prepared and sent to the customer, taking into account the information provided by the customer on the desired scope of services (products and services to be supplied by the contractor, including any preparatory work to be carried out by the customer).
Cost estimates and offers of the Contractor are non-binding and subject to change, unless expressly marked as binding.
A contract for the Contractor's services is concluded by application and acceptance. The application is made by sending the confirmed offer to the Contractor, which is hereinafter referred to as placing the order. Acceptance is effected by the transmission of the order confirmation by the Contractor to the Customer. The text form requirement must be observed. The placing of the order by the Customer shall be deemed to be a binding contractual offer. The contract shall come into effect upon receipt of the order confirmation by the Customer from the Contractor.
Right of withdrawal and information on exercising it
The customer is entitled to revoke this contract within fourteen days from the date of conclusion of the contract without giving reasons.
To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for the refund as you used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees for this refund.
If you have requested that the services should commence during the withdrawal period, you are obliged to pay us a reasonable amount. This amount corresponds to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Feasibility
The Customer warrants that all information provided by it (Section 2.1.) is correct and complete. If it turns out that the information is incorrect and the contractually owed service can therefore either not be provided or can only be provided
at considerable additional expense, the Contractor reserves the right to extraordinary termination. In such a case, the Customer shall be liable for damages in accordance with Section 14.2 of these Terms and Conditions.
Before placing the order, the customer shall ensure that the planned service is possible both from a public law perspective (e.g. statement from the responsible chimney sweep) and from a factual perspective (e.g. approval from the electricity and gas network operator) and that the local conditions permit the installation of the system covered by the contract. Any concerns in this connection must be communicated to the contractor before the order is placed. Should the contract not be feasible for these reasons, the obligation to pay compensation shall apply analogously to clause 14.2 of these terms and conditions.
Contract interpretation
The contract concluded between the parties constitutes a conclusive and comprehensive description of the object of performance and takes precedence over all other documents. The Contractor shall not assume any further delivery and performance obligations beyond those expressly stipulated in the contract. Any agreed or required additional services shall be remunerated in addition to the agreed fixed price.
Power range
The Contractor's scope of services extends to the transfer point. The location of the Customer's existing system is agreed as the handover point. Beyond the Contractor's scope of services, the existing system is located from the handover point. The Contractor assumes no liability for defects that occur in the area of the existing system. The Customer is responsible for providing a defect-free, in particular leak-proof, existing system at the start of installation, a power supply (230 V 16 A) and a functioning waste water system.
Obligations for delivery and provision of services by the Contractor; transfer of risk; acceptance
The Contractor is obliged to deliver and install the material items listed in the offer, including the associated components and other items included in the scope of delivery.
The goods shall be delivered to the Customer. The Contractor shall have the right to determine the mode of shipment, the means of transportation and the forwarding agent or carrier at its own discretion. The Customer is obliged to notify the Contractor immediately of any obvious transport damage.
The risk shall pass to the customer at the latest when the goods, including the associated components and other items of the deliveries and services, are handed over to the forwarding agent, carrier or other third party designated to carry out the shipment. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods, including the associated components and other items of the supplies and services, shall pass to him at the time when the goods, the associated components and other items of the supplies and services are delivered to him or when he is in default of acceptance.
On completion of the installation work, an acceptance report is drawn up confirming the completion of the installation and the acceptance of the system. Any defects found
Remaining work and defects must be noted in the protocol. Formal acceptance is not agreed. The customer is responsible for ensuring that either he himself or an authorized third party is present on site on the agreed acceptance date. It is assumed that a person from the customer's legal sphere who is present on site is authorized to carry out acceptance and does so on behalf of and with the authority of the customer.
The risk for the installed system shall pass to the customer upon acceptance.
The Contractor undertakes to transfer ownership of an operating manual for the system listed in the order, including the associated components and other items of the deliveries and services, to the Customer upon acceptance.
Obligations of the customer
The Customer shall inform the Contractor, at the latest when sending the order, of any circumstances which, in his opinion, could make it difficult to dismantle the old system and install the new system, including the associated components and other items of the supplies and services. This includes, in particular, the size of the room and access to the area in which the heat generator, including the associated components and other items of the supplies and services are to be installed.
Prior to the start of the installation work, the customer is obliged to provide the contractor with the necessary information about the location of concealed electricity, gas, water pipes or similar installations.
The Customer is obliged to leave the packaging of the heat generator supplied by the manufacturer or wholesaler, including the associated components and other items of the deliveries and services, intact. Only in this way can the Contractor ensure that the delivery is complete.
The customer is prohibited from dismantling the old heat generator or interfering with the system in any other way.
Costs incurred as a result of incorrect or omitted notification or any other breach of one of the Customer's obligations shall be borne by the Customer, subject to liability under Clause 14, provided that the breach is due to the Customer's fault.
Delivery and performance deadlines, withdrawal from the contract, default
Unless a fixed date has been expressly agreed, which must be designated as such in writing, the delivery periods specified by the Contractor shall always be non-binding. If the Contractor or its upstream suppliers or subcontractors experience a disruption in business operations for which they are not responsible, in particular cases of force majeure, strikes and lockouts, based on an unforeseeable event for which they are not responsible and which leads to serious operational disruptions, the specified deadlines shall be postponed accordingly. Should the fulfillment of the contract become impossible due to these disruptions, both parties are entitled to terminate the contract. In such a case, the Contractor shall be entitled to remuneration for the services rendered up to this point in time. This shall also include services provided by third parties which the Contractor has commissioned in reliance on the
execution of the contract. Further claims for damages are excluded on both sides.
If the performance of the service is delayed or interrupted for reasons within the customer's control, the customer shall bear the resulting additional costs.
We are also entitled to withdraw from the contract with regard to an outstanding part of the delivery or service if false information has been provided about the customer's creditworthiness or objective reasons have arisen with regard to the customer's inability to pay, e.g. the rejection of the opening of insolvency proceedings due to a lack of assets to cover the costs. The customer shall be given the opportunity to make an advance payment or provide suitable security before withdrawing from the contract.
If the Contractor is unable to meet the confirmed deadline, it shall inform the Customer immediately and agree a new deadline with the Customer. The occurrence of default on the part of the Contractor shall be governed by the statutory provisions, whereby a deadline to be set shall be deemed reasonable if it is not less than six weeks.
The rights of the Customer pursuant to Section 12 as well as the statutory rights of the Contractor, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.
If the Customer does not accept the delivery and installation of the subject matter of the contract even after a grace period of at least six weeks, the Contractor reserves the right to terminate the contract for lack of cooperation. In such a case, the Customer shall be obliged to pay the lump sum in accordance with clause 14.2.
Price
The prices quoted by the Contractor shall apply to the scope of services confirmed in the order confirmation. All prices quoted include the statutory value added tax.
If the service is performed later than 4 months after conclusion of the contract, the Contractor reserves the right to adjust the price accordingly in the event of an increase in wages and/or material prices, provided that the Customer is responsible for the delay.
Upon expiry of the payment period, but no later than 30 days after receipt of the invoice, the customer shall be in default pursuant to Section 268 (3) BGB without the need for a separate reminder. During the period of default, interest shall be charged on the remuneration at the applicable statutory default interest rate. The Contractor reserves the right to claim further damages for default. For merchants, the Contractor's claim to commercial maturity interest (§ 353 HGB) remains unaffected.
Offsetting against counterclaims of the customer or retention due to such claims is only permitted if the counterclaims are undisputed or have been legally established. This shall not apply in the case of notices of defects or counterclaims arising from the same contract of the customer.
Upon conclusion of the contract, the contractor will obtain information on creditworthiness checks from relevant service providers (e.g. Creditreform, SCHUFA). The service provider will provide the contractor with the address and creditworthiness data stored on your person, including those determined on the basis of mathematical-statistical procedures, provided that the contractor has credibly demonstrated a legitimate interest. The contractor is entitled to execute or render outstanding deliveries or services only against full advance payment or provision of security if, according to
circumstances become known which are likely to significantly reduce the creditworthiness of the customer (e.g. application for the opening of insolvency proceedings).
In the event of an assignment of the Contractor's claims under this contract, the Contractor shall send the Customer a legally valid signed original notice of assignment. This notification shall contain the name, address and account details of the new creditor, the amount of the assigned claim and the date of assignment. Without full compliance with this obligation, the Customer shall continue to be entitled to make payment to the Contractor.
Retention of title
All goods shall be delivered by the Contractor subject to retention of title and shall remain the property of the Contractor until all amounts owed by the Customer have been paid in full. In the event of seizure, confiscation or other dispositions or interventions by third parties, the Customer is obliged to notify the Contractor immediately. In the event of breaches of duty on the part of the Customer, in particular in the event of default in payment, the Contractor shall be entitled to withdraw from the contract and take back the goods. In this case, the Customer shall be obliged to surrender the goods. The enforcement of the retention of title shall not require any express withdrawal on the part of the Contractor. Actions such as the taking back of the goods by the Contractor or their seizure shall not constitute a withdrawal from the contract unless the Contractor has expressly declared the withdrawal in writing.
Quality, claims for defects; limitation period
The delivery item is deemed to be free of material defects if it corresponds to the product description or, if no product description is available, to the respective state of the art. We reserve the right to make changes to the construction or design that do not impair the functionality or value of the delivery item and do not constitute grounds for a complaint. In the case of defects that do not or only insignificantly impair the value or usability of the delivered item, there shall be no claims for defects.
Guarantees for the quality and durability of the delivery item shall only apply if the Contractor has expressly declared them in writing. The Contractor shall only be liable for public statements, in particular in advertising, if it has initiated them. Claims for defects based on such statements can only be asserted if the statement actually influenced the customer's decision to purchase. Guarantees given by upstream suppliers in guarantee declarations, advertising or other product documentation are not initiated by the Contractor and are the sole responsibility of the supplier who has given the guarantee. The provisions of paragraph 1 of this clause remain unaffected.
Complaints must be made immediately and are excluded if they are not made within 2 weeks of receipt of the delivery. Defects that could not be discovered within this period, even with the most careful inspection, must be reported immediately, but no later than 2 weeks after their discovery. The regulations on transport damage remain unaffected.
In the event of defects or non-conformity with a guaranteed quality, the Contractor shall, at its own discretion, remedy the defect free of charge within a reasonable period of time by rectifying the defect or delivering a defect-free item (subsequent performance). The Customer shall give the Contractor or its authorized representative the necessary time and opportunity for subsequent performance. If this is not done or if
unauthorized modifications or repairs, the contractor's liability for defects shall lapse.
If the subsequent performance fails or is not carried out within a reasonable period of time after the customer has set a grace period, the statutory liability rights for material defects shall apply. The customer's right to withdraw from the contract is excluded.
Claims of the customer for damages or reimbursement of expenses exist in accordance with clause 13 and are otherwise excluded.
No liability for material defects shall be assumed for wear and tear or defects arising due to (a) use or operation in a manner not technically intended or not recommended by the Contractor, (b) maintenance work not carried out by the Contractor or a certified specialist company (master company), (c) the use of products (d) modifications to the delivered system (in particular due to replaced parts or consumables that do not comply with the original specifications), (e) other actions that run counter to the Contractor's specifications (in particular operating, operating or maintenance instructions).
The contractor accepts no liability for material defects in the existing system, in particular in the existing heating pipework, radiators or thermostats. This also expressly applies to consequential damage, in particular due to leaks in the existing system.
Liability
The Contractor shall only be liable for damages and reimbursement of futile expenses (Section 284 BGB) due to breach of contractual or non-contractual obligations, such as default or tort, in the event of intent or gross negligence. Liability also exists in the event of culpable injury to life, limb or health, fraudulent concealment of a defect, assumption of a guarantee of quality or under the Product Liability Act for personal injury or property damage to privately used items.
In the event of a breach of material contractual obligations, the Contractor shall also be liable for slight negligence. In this case, however, liability shall be limited to the reasonably foreseeable damage typical of the contract at the time the contract was concluded.
The above provisions shall also apply to the Contractor's vicarious agents and assistants.
The above provisions shall not lead to any change in the burden of proof to the detriment of the customer.
Termination
Withdrawal from the contract is excluded.
If the Customer exercises its right to terminate the contract in accordance with Section 648 BGB or if the Contractor terminates the contract in accordance with Section 9.6 of this contract, the Customer shall be obliged to pay a lump-sum compensation. This shall amount to 15% of the agreed remuneration before the first day on the construction site, 50% of the agreed remuneration from the first day on the construction site and 80% of the agreed remuneration from the second day on the construction site. The customer
shall be entitled to provide counter-evidence of a lower actual performance and expenditure. The Contractor reserves the right to assert further claims.
Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available at http://ec.europa.eu/consumers/odr/. The e-mail address is info@montamo.com. The contractor is neither obliged nor willing to participate in this dispute resolution.
Final provisions
German law shall apply between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that the provisions of consumer law are mandatory.
If the Customer is an entrepreneur (Section 14 BGB) or has no general place of jurisdiction in Germany or another EU Member State, the exclusive place of jurisdiction shall be the Contractor's place of business.
Insofar as individual provisions of this contract are or become invalid in whole or in part, the validity of the remaining contractual provisions shall remain unaffected.
Legally relevant declarations and notifications by the Customer to the Contractor must be made in text form to be effective.
The contract language is German.
Any terms and conditions of the Customer or third parties that deviate from or conflict with these General Terms and Conditions shall not apply unless the Contractor has expressly agreed to them. This shall also apply if the Contractor carries out the delivery without reservation in the knowledge of the Customer's General Terms and Conditions.