General terms and conditions of business

1. Validity

1.1 The general terms and conditions of RanoTec owner Matthias Jung e. K. apply exclusively.

1.2 The buyer's general terms and conditions are hereby expressly contradicted; they are not binding for the conclusion of the contract. This does not apply if RanoTec owner Matthias Jung e. K. has agreed in writing to the validity of the client's general terms and conditions.

1.3 If the client is an entrepreneur according to Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law, these General Terms and Conditions also apply to future contracts as long as they involve transactions of the same type.

2. Offers

2.1 Unless otherwise agreed in writing, all offers are non-binding until accepted in writing by the client. Contracts and other agreements are only concluded with written confirmation from RanoTec owner Matthias Jung e. K. binding.

2.2 Changes and additions to the offer by RanoTec owner Matthias Jung e. K. or the client requires the written form. They are considered a new offer and require acceptance by the respective contractual partner.

3. Services

3.1 The performance of RanoTec owner Matthias Jung e. K. is limited to the provision of the systems, devices and technical facilities listed in the contract or in the order confirmation as well as to the work/disposal services specified in the contract or in the order confirmation.

3.2 Every borrowed device is checked by RanoTec owner Matthias Jung e. K. checked for proper functioning before commissioning. The first rental day is the installation or delivery day, the last dismantling or return day. They are billed as full days.

3.3 Additional work that is not included in the scope of the contract but is necessary can be carried out by RanoTec owner Matthias Jung e. after confirmation by the client. K. or one of RanoTec owner Matthias Jung e. K. commissioned subcontractors are carried out.

3.4 Binding execution deadlines require an express agreement between the parties in text form. As far as RanoTec owner Matthias Jung e. K. is not responsible for exceeding an execution deadline, the client will bear the resulting additional costs. The same applies if the client is RanoTec owner Matthias Jung e. K. is commissioned with additional services during the execution of work or other agreed services and the exceeding of an export deadline is due to this.

3.5 As far as RanoTec owner Matthias Jung e. K. is contractually obliged to repair an object and the repair cannot be carried out properly because the client either culpably does not grant access to the object to the agreed object or the defect in the object was not found, remedied or not economically viable according to the current state of the art can be removed in a sensible manner, the client is responsible to RanoTec owner Matthias Jung e. K. is obliged to reimburse expenses incurred unless these are within the responsibility and risk of RanoTec owner Matthias Jung e. K. fall.

3.6 RanoTec owner Matthias Jung e. K. is entitled to commission third parties to fulfill the contractually agreed service obligations.

4. Prices, payment, offsetting

4.1 The prices are in the currency in which the prices are stated, plus VAT at the respective statutory rate. When invoicing the orders placed based on effort, the price list in the version valid at the time the contract was concluded applies. Unless otherwise regulated, the agreed price does not include the costs of energy and/or fuel consumption or costs for connection to the distribution network. Run by RanoTec owner Matthias Jung e. K. Energy and/or fuel are provided, a separate calculation is made at daily prices.

4.2 All invoices must be paid without deductions within 7 days of receipt of the invoice. Any agreed advance payments are due at the contractually agreed date. Unless a time has been agreed, advance payments are due 7 days after receipt of the invoice.

4.3 If the client defaults on payment, RanoTec owner Matthias Jung e. K. is entitled to claim default interest at the statutory rate. RanoTec owner Matthias Jung e. K. remains free to claim higher damages due to the delay if proof is provided.

4.4 Offsetting against claims from RanoTec owner Matthias Jung e. K. are only with legally established, undisputed or RanoTec owner Matthias Jung e. K. recognized counterclaims are admissible.

5. Duties of the client

5.1 The client must ensure that the installation of the drying systems, damage repair or other work carried out by RanoTec owner Matthias Jung e. K. installed systems can run according to their intended purpose, in particular that there are no night shutdowns.

5.2 The client is obliged to immediately report any disruptions to RanoTec owner Matthias Jung e. K. to tell.

5.3 If systems cannot be used due to disruptions or shutdowns (particularly night shutdowns) and the success of the order is delayed as a result, the obligation to pay the agreed fee still remains in full.

5.4 The client must provide the energy required to operate the systems and devices (in particular gas, water, sewage or electricity connections) on site free of charge. The energy consumption is included in the invoices of RanoTec owner Matthias Jung e. K. reported for information purposes.

5.5 The client is solely responsible for the correct declaration of the waste materials to be disposed of. The acceptance of the waste materials to be disposed of requires an effective declaration of acceptance and a valid contract. The RanoTec owner Matthias Jung e. However, the performance obligations assumed by K. do not release the client from his legal responsibility for the waste materials to be recycled or disposed of. Safety data sheets must be provided by the client.

5.6 All hazardous waste containers must only be filled with the contractually agreed waste materials. Filling in waste materials of any kind other than those agreed upon is not permitted. The containers are made by RanoTec owner Matthias Jung e. K. taken over without checking. Liability for the contents and any damage caused by improper filling of the containers as well as for damage resulting from the contents lies with the client. He must indemnify RanoTec owner Matthias Jung eK from any third-party claims in this regard.

5.7 All hazardous waste containers and other items provided to the client remain the property of RanoTec owner Matthias Jung e. K. They must be treated with care and properly provided at the agreed location so that they can be picked up by RanoTec owner Matthias Jung e. K. can be carried out without obstruction, confusion or endangerment of people and material. The client will install all hazardous waste containers at his own expense and risk and must provide a suitable location with adequately paved access for this purpose. He is also responsible for filling, treating and securing the containers with care. When setting up containers in public spaces, the client is solely responsible for obtaining any necessary official approval in a timely manner.

5.8 RanoTec owner Matthias Jung e. K is entitled to refuse to accept goods to be disposed of whose properties deviate from the content of the contractual agreement and agreed declaration and to either return them to the client or send them for proper recycling/disposal. Any costs incurred in the destruction/recycling/disposal of waste materials whose properties differ from the content of the responsible declaration and which RanoTec owner Matthias Jung e. The client must bear any costs incurred in this regard, in particular handling costs for proper destruction.

6. acceptance

6.1 RanoTec owner Matthias Jung e. K. can demand acceptance from the client after the contractually agreed services have been provided.

6.2 In the case of insignificant defects, acceptance may not be refused.

6.3 If RanoTec owner Matthias Jung e. K. no acceptance is required, the service to entrepreneurs is deemed to have been accepted 12 working days after written notification of completion. RanoTec owner Matthias Jung e. K. also set a reasonable deadline for declaring acceptance and point out in text form the consequences of acceptance that is not declared or is refused without specifying defects. After the deadline has expired, the service is then deemed to have been accepted by consumers.

6.4 When used by the client, the service is deemed to have been accepted no later than 6 working days after the start of use, unless otherwise agreed in writing.

6.5 If the VOB/B is agreed, the provisions of Section 12 VOB/B apply instead of the previous regulations under 6.1 to 6.4.

7. Warranty

7.1 In the event of defects in the work, RanoTec owner Matthias Jung e. K. initially allows three attempts at supplementary performance. As part of the supplementary performance, RanoTec owner Matthias Jung e. K. is not obliged to recreate the work. If supplementary performance fails, the client has the right to reduce the price or withdraw from the contract. The client's right to demand compensation instead of performance in accordance with the statutory provisions and these conditions remains unaffected.

7.2 Otherwise, the client's claims for defects are based on the legal regulations.

8. General Limitation of Liability

8.1 The liability of RanoTec owner Matthias Jung e. K.'s own breaches of duty as well as those of his vicarious agents and vicarious agents are limited to intent and/or gross negligence. Liability for injury to life, body and health is excluded from this limitation.

8.2 The limitation of liability does not apply if the client asserts claims for damages due to the lack of guaranteed properties or other guarantees or due to fraudulent concealment of a defect. It also does not apply in the event of a negligent violation of essential contractual obligations; In these cases, the liability of RanoTec owner Matthias Jung e. K., however, to damages that are typically associated with the contract and are foreseeable.

8.3 RanoTec owner Matthias Jung e. K. will not be held liable.

8.4 The building materials and building materials newly installed or replaced in the course of technical drying and/or restoration may differ from the existing ones in color and/or design as well as surface structure. RanoTec owner Matthias Jung e. K. will not be held liable.

8.5 If the client RanoTec owner Matthias Jung e. K. has commissioned repair, repair, maintenance, installation, renewal or conversion work on a structure that has already been constructed and the scope and type of work do not have any significant significance for the construction, existence, maintenance or usability of the building the customer's claims for defects expire after one year, in deviation from Section 634a Paragraph 1 No. 1 BGB. This does not apply if the law requires a longer limitation period, for example if RanoTec owner Matthias Jung e. K. has fraudulently concealed a defect or in the case of damage caused by RanoTec owner Matthias Jung e. K. or vicarious agents of RanoTec owner Matthias Jung e. K. caused damage to life, body or health caused intentionally or negligently. Otherwise, the statutory limitation periods apply. In relation to entrepreneurs, the above limitation periods also apply to the client's contractual and non-contractual claims for damages, provided that the application of the statutory limitation periods does not lead to a shorter limitation period in individual cases.

9. Place of performance, place of jurisdiction, law

9.1 Place of fulfillment for payment is 55234 Eppelsheim.

9.2 The place of jurisdiction for general and intended merchants as well as for legal entities under public law and public special funds is 55234 Eppelsheim.

9.3 German law applies exclusively.

10. Right of Withdrawal

10.1 If the client is a consumer, the client has the right according to the following regulations to terminate the contract between RanoTec owner Matthias Jung e. K. and the client to revoke. This expressly does not apply to entrepreneurs.

10.2 You have the right to cancel this contract within fourteen days without giving any reasons.

10.3 The cancellation period is fourteen days from the day the contract is concluded.

10.4 To exercise your right of withdrawal, you must

RanoTec owner Matthias Jung e. K

Böllenbachweg 8

55234 Eppelsheim

T: 06735 8090992

E-mail: Matthias.Jung@rano-tec.de

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached sample cancellation form, although this is not mandatory.

10.5 In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

11. Consequences of revocation

11.1 If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have chosen), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

11.2 If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract compared to the total scope of services provided for in the contract.

12. Alternative dispute resolution

RanoTec owner Matthias Jung e. K. is not legally obliged to take part in a dispute resolution procedure according to the law on alternative dispute resolution in consumer matters and does not take part in such a procedure before a consumer arbitration board on a voluntary basis.

13. Severability clause

If a provision of the contract or these terms and conditions is invalid, this will not affect the validity of the remaining provisions if, based on an objective assessment, the parties would have concluded the contract even without the invalid provision. The same applies if there is a gap in the contract. Instead of the invalid provision or to fill the gap, an appropriate provision should be agreed which - as far as legally permissible - comes closest to what the contracting parties would have wanted if they had taken this point into account when drafting the contract.

As of 01/24