KEMRA Bauunternehmen e.K. Owner: Özer Elik
1.1 These Terms & Conditions apply to all contracts, services, and business relationships between KEMRA Bauunternehmen e.K. (hereinafter “Contractor”) and its clients (“Customer”), unless otherwise agreed in writing.
1.2 Deviating or supplementary terms of the Customer shall only apply if expressly confirmed in writing by the Contractor.
2.1 All offers issued by the Contractor are non‑binding unless explicitly marked as binding.
2.2 A contract is concluded when:
the Customer accepts a written offer,
a construction contract is signed, or
the Contractor begins execution with the Customer’s knowledge.
3.1 The scope of services is defined in the respective offer, specification sheet, or construction contract.
3.2 Any changes or additions to the agreed services require written confirmation and may result in adjustments to price and execution time.
4.1 All prices are stated in euros and are subject to applicable VAT unless otherwise specified.
4.2 Payments are due within 14 days of the invoice date without deduction.
4.3 In case of late payment, the Contractor may charge statutory interest and suspend work until payment is received.
5.1 The Contractor performs all services in accordance with recognized engineering standards, applicable regulations, and professional craftsmanship.
5.2 The Customer must ensure that all required documents, approvals, and site access are provided in time.
5.3 Delays caused by missing information, third parties, or force majeure extend the execution period accordingly.
The Customer shall ensure:
unrestricted access to the construction site,
suitable access routes,
availability of utilities (e.g., electricity, water) if required.
Any additional costs resulting from missing cooperation may be charged separately.
7.1 Upon completion, the Customer must carry out a formal acceptance inspection.
7.2 Acceptance may be explicit (written protocol) or implied (use of the work).
7.3 With acceptance, the risk transfers to the Customer and the warranty period begins.
8.1 Warranty rights follow the applicable German Civil Code (BGB) or VOB/B if contractually agreed.
8.2 Obvious defects must be reported within 14 days of acceptance.
8.3 The Contractor has the right to remedy defects. If rectification fails, the Customer may request a price reduction or—if defects are substantial—withdraw from the contract.
9.1 The Contractor is liable for damages only in cases of intent or gross negligence.
9.2 For simple negligence, liability applies only to essential contractual obligations and is limited to foreseeable damages.
9.3 Liability for consequential damages, lost profits, or production downtime is excluded unless legally mandatory.
Materials delivered by the Contractor remain its property until full payment is received, where legally permissible.
Events such as extreme weather, strikes, supply shortages, or official orders entitle the Contractor to extend deadlines. Claims for damages due to such delays are excluded.
12.1 German law applies. 12.2 If legally permissible, the place of jurisdiction is the Contractor’s business location.
If any provision of these Terms & Conditions becomes invalid, the remaining provisions remain unaffected.