Our General Terms and Conditions (GTC)

The following terms and conditions form the contractual basis for orders accepted by us as a contractor. These terms and conditions apply to business transactions with private (§13 BGB) and commercial customers.

§1. Scope

These general terms and conditions (GTC) apply to all contracts concluded either verbally or in writing between the customer or client and NIMAK (hereinafter referred to as "contractor") for the provision of flooring services. Deviating agreements or additional conditions are only valid if they have been agreed either in writing or verbally. These GTC apply unless the contracting parties have expressly agreed otherwise in writing. Conditions of the client that conflict with or deviate from these GTC will not be recognized.

Any necessary permits must be obtained by the client. Any official fees that may arise are not part of this offer and must be paid separately by the client.

§2. Subject matter of the contract

(1) An offer can and may be accepted by the employer in writing or verbally. As soon as the order is confirmed, the contract is deemed to be concluded and legally binding for both parties.

(2) After acceptance of the order, the floor fitter undertakes to provide the floor fitter services specified in the offer or contract, including but not limited to the installation of carpets, laminate, vinyl or other floor coverings as well as preparatory work such as removing old coverings or leveling the subfloor. Also included are follow-up work such as disposal of the old floor coverings.

§3. Offer and conclusion of contract

All offers from the floor fitter are non-binding and subject to change. A contract is only concluded when the client has accepted the floor fitter's offer in writing or verbally or when the floor fitter begins to carry out the work.

Offers are valid for 2 weeks from the offer date. Once the offer has been accepted, the offer prices are valid as the contract prices for a further three months. If the wage costs change by more than 0.75% after the offer has been accepted, the price will be adjusted accordingly. The adjustment will be made at a rate of 0.85% for every 1% change in the wage costs. The service is calculated in such a way that there is freedom of construction during execution and that the service is provided continuously without interruption, according to the contractor's plan. In the event of deviations (e.g. in the event of obstructions, service disruptions), there is a right to reimbursement of the additional costs. The offer and all parts remain the intellectual property of the contractor. Passing on or other use may be permitted in individual cases.

§4. Interim invoices and partial invoices

It is agreed that interim and partial invoices will be issued. Interim and partial invoices are due for payment within 7 calendar days. After receipt of payment, work will be resumed within 7 days. If the interim payment is not paid to us on time, we have the right to exercise our right of retention in accordance with Section 273 of the German Civil Code (BGB).

The invalidity of individual parts of the contract does not render the entire contract invalid; rather, the remaining contractual provisions remain in force as an independent contract.

§5. Weather conditions

If the weather and drying conditions are unsuitable, the contractor may interrupt the work. The duration of the interruption extends the execution period. The work must be continued in suitable weather conditions, taking into account appropriate organizational and preparation times.

§6. Prices and Calculation

(1) The prices stated are net prices, since no sales tax is charged according to Section 19 Paragraph 1 of the Sales Tax Act.

(2) A flat rate applies for laying an area of up to 20m². The rough dimensions apply for the measurement, including thresholds and niches. No deductions will be made for pillars, projections, etc., whose individual area does not exceed 0.10 m2, due to material waste.

(3)Our prices apply exclusively to the entire scope of services offered. In the case of partial orders, we reserve the right to increase the price of individual items.

(4) The installation prices only apply to empty and clean subfloors.

(5) Any additional costs, such as material costs, disposal costs or additional work, will be charged separately.

§7. Terms of payment

(1) The client must pay the agreed remuneration after completion of the work and after delivery of the invoice. Payments must be made within 5 days of invoicing without deductions, unless otherwise agreed.

(2) The client shall be in default at the latest if he does not pay within 20 days of the due date and receipt of an invoice or equivalent payment statement. In the event of default, the client is obliged to pay default interest in the amount of the credit costs to be paid by the contractor himself, but at least 5% above the base interest rate of the European Central Bank according to Section 247 of the German Civil Code (BGB).

(3) Complaints about defects do not entitle the customer to retain parts of the order amount or to change the agreed payment method. Offsetting against counterclaims is excluded.

(4) The Buyer is not entitled to withhold payments due to warranty claims or other counterclaims not recognised by the Seller.

(5) In the event of late payment, the client is obliged to pay reminder fees in addition to the default interest according to §288 BGB. The reminder fees are based on the actual costs incurred by the late payment. A fee of 4.95 euros is due for each reminder. Other costs incurred by the late payment (e.g. collection fees) can also be invoiced to the client. The amount of the reminder fees can be based on the statutory provisions if these become necessary.

§8. Scope of services and execution of work

(1) The scope of the flooring services to be provided is specified in the contract or offer. Changes or extensions to the scope of services are only effective if they are agreed in writing or verbally.

(2) The floor fitter undertakes to carry out the work with the necessary care and in compliance with the generally accepted rules of technology.

(3) The Client shall ensure that the work areas are freely accessible and in a condition that allows the work to be carried out. This shall also include the removal of furniture or other obstacles that could impair the work.

(4) The floor fitter has the right to organize the work process and to take any necessary intermediate measures, such as applying leveling materials or removing unevenness, in order to achieve a high-quality result.

§9. Material procurement

(1) The client is responsible for procuring the floor coverings. Nevertheless, the floor fitter has the right to inspect the floor coverings to ensure that they are suitable for carrying out the work.

(2) Unless otherwise agreed, the floor fitter is responsible for procuring the work materials. However, the client has the option of providing the work materials themselves. In this case, the client is responsible for selecting and delivering the materials.

(3) Should the client provide material, the floor fitter shall not be liable for defects in the material, in particular in the case of unsuitable or faulty products.

(4) The floor fitter is entitled to procure materials that are required for the proper execution of the work, even if the client has not expressly requested this. In this case, the client will be informed in advance of the additional costs.

§10. Notification of Change and Acceptance Certificate

Any changes requested by the client that deviate from the order, as well as additional work that occurred later due to the construction site conditions and was not included in the order, are documented in a written "change notice" from the floor fitter - separated into material and wage costs. After completion of each job, the floor fitter issues an "acceptance certificate/daily wage slip" that must be checked and signed by the client. Costs arising from late acceptance are borne by the client.

§11. Liability and Warranty

(1) The complaint must be made in writing immediately after acceptance of the work, with a precise explanation of the reasons for the complaint. Otherwise, the service is deemed to have been accepted and free of defects. Complaints of defects do not entitle the customer to keep part of the contract amount. No liability is accepted for hidden defects in the subfloor that could not have been detected if the floor layer had properly carried out its duty to inspect the subfloor. If special requirements are placed on the floor covering (wheelchair use, resistance to chemical influences, unusually high temperatures, high loads, etc.), the client must provide such details in writing in advance.

(2) In the case of rework, minor colour deviations or equally minor surface differences of replaced covering pieces do not give rise to any further complaint of defects.

(3) The Client shall not have the right to unilaterally withhold a guarantee sum for possible warranty claims.

(4) In the case of loose laying of the floor coverings, the Client shall not assume any liability for seams or for any subsequent formation of waves or dents.

(5) The warranty does not apply if the defect is due to improper use, lack of care or changes made by the customer without the consent of the floor fitter.

(6) Any defects identified must be promptly remedied or eliminated by the Contractor.

§12. Acceptance of the work

(1) The work shall be deemed to have been accepted if the Client inspects the services performed and no defects are found or if the Client uses the work without complaint.

(2) The floor fitter has the right to document the acceptance of the work in writing.

(3) After acceptance of the work, the Client assumes responsibility for the care and maintenance of the installed floors.

§13. Cancellation and withdrawal

(1) The client may cancel the contract in writing before work begins. In this case, the floor fitter is entitled to demand a cancellation fee of 20% of the agreed price in accordance with Section 615 of the German Civil Code (BGB) if the cancellation occurs less than 48 hours before work begins.

(2) If work has already begun, the client may only terminate the contract for good cause. In this case, the floor fitter is entitled to charge for the portion of work performed up to that point, as well as the costs for the materials used and additional costs.

§14. Force majeure

(1) The floor layer shall not be liable for delays or the impossibility of fulfilling the contract if these are caused by force majeure or unforeseeable events such as natural disasters, strikes, war or official measures.

(2) In such a case, the period for fulfilling the obligations shall be extended accordingly.

§15. Data Protection

The floor layer undertakes to observe the data protection provisions in accordance with the General Data Protection Regulation (GDPR). All personal data collected in connection with the contract will only be used to fulfill the contract and will not be passed on to third parties.

§16. Final provisions

(1) Should any provision of these Terms and Conditions be invalid or unenforceable, the remainder of the contract shall remain valid. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

(2) Any changes to the Terms and Conditions must always be made in writing.

(3) The law of the country in which the floor fitter is domiciled shall apply. The place of jurisdiction for all disputes arising from this contract shall be the domicile of the floor fitter.

§17. Special assembly conditions

The subfloor must be DIN-compliant. The floor areas (rooms) to be laid must be available to the contractor without restriction for the duration of the work. No other work may be carried out in the rooms while the floor covering work is being carried out. The client must ensure that there is lighting and heating during the cold season. A lockable room must be made available free of charge for storing the material.