1. Area of Application

1.1 These terms and conditions apply to the contractual relationship between Objekt Kompetenz (hereinafter: OK) and the users of the offer of OK. However, they are only valid insofar as no deviating regulation has been made by individual agreement.

1.2 Users within the meaning of these GTC are interested parties who send an inquiry regarding the OK offer. The GTC apply to other companies accordingly. By using the OK-KG offer, a contract is concluded with OK.

The use of OK Services is based on these GTC.

2. General Information

2.1 The OK operates an Internet offer, which makes it for prospective customers possible to make inquiries for different handicraft services on-line. OK strives to forward the sent inquiries to suitable freelancers and companies from the OK partner network and to induce them to submit corresponding offers. These are contractual partners of OK.

2.2 OK is solely responsible for arranging contact between interested parties and partner companies. OK does not owe the conclusion of the requested contract for the purchase or sale of goods and/or the provision of services, nor the successful execution of the contract. The conclusion of contracts made possible by the mediation will only take place between the interested parties and partner companies involved. OK is not involved as a contractual partner under any circumstances, nor does it act as a representative or vicarious agent of the contractual parties.

2.3 The sending of the inquiry concerning the OK offer is only a non-binding invitation to submit an offer and is not yet a binding contract declaration. The interested party is solely responsible for ensuring that the information required for the preparation of an offer is correct and complete. After receipt of any offers, the interested party decides independently whether and to whom it awards the contract.

2.4 The OK only refers the inquiries to companies that have agreed to comply with the current standards of their guild. However, OK cannot guarantee that a company will carry out all work without defects in every case. This applies in particular to commissioned work not mentioned by the interested party to OK.

2.5 Notwithstanding the contractual mediation of inquiries and offers, OK reserves the right to continuously update and adapt individual functionalities of the Internet offer, and to restrict them if necessary.

2.6 It is prohibited to copy and otherwise use the contents of OK Internet pages without prior express consent of OK.

3. Limitation of Liability

3.1 OK is only liable to entrepreneurs in the event that legal representatives, executives or other vicarious agents are guilty of intent or gross negligence.

3.2 OK is liable to consumers only in the event of intent or gross negligence of its intermediary activities. This does not apply in case of injury to life, body or health.

3.3 The liability of OK is limited to compensation for typical and foreseeable damage. OK is not liable for damages not directly arising from the use of the OK Internet offer, nor for other financial losses such as lost profits.
With respect to consumers, these limitations of liability do not apply to damages resulting from injury to life, body or health, or to other damages resulting from intentional or grossly negligent breach of duty by legal representatives, executives or other agents of OK.

3.4 OK is not liable for breaches of duty that occur in the context of a possible contractual relationship between interested parties and partner companies. The user indemnifies OK-KG internally from all claims that another user asserts against OK due to breaches of duty by the user. The user shall also indemnify OK from all claims of other users and third parties that are asserted against OK due to a violation of rights by the content provided by the user or due to its use by the user. The user will assume all costs incurred by OK from such a violation of rights upon first request, in particular the costs incurred for legal defense. This does not apply if the user is not responsible for the infringement. Further claims of OK remain unaffected.

3.5 The above-mentioned exclusions and limitations of liability do not apply insofar as mandatory legal regulations conflict.

4. Privacy

The collection, processing and storage of data is carried out exclusively in accordance with the provisions of international data protection law. The privacy policy is part of these GTC and can be accessed at any time on the OK website.

5. Transfer of Rights and Obligations to a Third Party

OK is entitled to transfer the rights and obligations arising from the contractual relationship in whole or in part to a third party without notice. In case of partial or complete transfer of rights and obligations to a third party, the user is entitled to terminate the contractual relationship at the time of transfer.

6. Change of the GTCs

OK reserves the right to change these GTC at any time and without giving reasons. If the user does not object to the validity of the new GTCs within two weeks, the amended GTCs will be deemed accepted.

7. Applicable Law/Jurisdiction

The place of jurisdiction for all disputes arising from the use of the OK offer is the business location of OK.

8. Final Regulation

If a regulation of these GTC or other contractual agreements between the user and OK proves to be ineffective or becomes ineffective due to subsequent development, the remaining regulations remain unaffected. In place of an ineffective regulation or a possible loophole, the law will apply.

1. Legal situation – The erection of scaffolding and its rental are generally subject to our following terms and conditions and the technical requirements contained in the quotation specifications. Unless otherwise agreed, the relevant provisions of the German Construction Contract Procedures (VOB) in the currently valid version of the Scaffolding Ordinance DIN 4420/4421 and the Accident Prevention Regulations shall be deemed to have been agreed subordinately.

2. Exclusivity Conditions of the customer and his client do not obligate us even if we do not contradict them. Only through our express, written acknowledgement do other conditions become part of the contract.

2.1 In the case of pure rental business without installation services, our rental and payment conditions shall have priority.

2.2 Our General Terms and Conditions of Contract, Rental and Assembly shall also apply to all subsequent legal relationships without any further special agreement.

3. Deadline commitments - we make every effort to meet agreed dates for assembly and dismantling. If we do not succeed in doing so in individual cases (e.g. due to weather conditions), claims of the client and third parties of any kind are excluded. If we culpably fail to meet deadlines, the customer shall be obliged to set us a period of grace appropriate to the work to be performed.

4. Refusal of replacement - We are not obliged to provide any replacement in case of dismantling of our scaffolds by the client or third parties. Deductions from our invoices by the client or third parties due to non-removal of scaffolding are not possible.

5. Notification of defects must be received by us in writing no later than on the 3rd working day after the scaffold has been handed over for use.

6. Use of scaffolds - The scaffolds may only be used for the purpose specified in the offer and always only in accordance with the DlN4420/4421 Scaffolding Regulations. Contraventions release us from the responsibility for any consequences arising from this.

6.1 Any unauthorized modification of the framework and the framework itself is not permitted. Bracing, ladderways and back protection, the installation of elevators, tarpaulins and nets, undermining of the scaffolding and the like.

6.2 The customer shall return the scaffolding with all equipment completely undamaged and cleaned after the expiry of the period of use. Necessary cleaning work will be charged separately. Damaged and missing parts of the scaffolding will be replaced at the replacement price if the customer is at fault. Insofar as the customer uses third parties to perform his tasks, he shall be liable for their misconduct.

6.3 We are entitled to use the scaffolding for advertising purposes free of charge.

6.4 The scaffolding may only be rented to third parties with our written permission.

6.5 During assembly, disassembly and reassembly, any other employment must be suspended at the place in question.

Special Clients Services and Duties

7. The customer takes the scaffolding into his care during the reservation period and is responsible for careful treatment, maintenance and proper use of the scaffolding.

7.1 The customer is obliged to confirm the protocols we have drawn up, e.g. on the number of anchoring points, number of ladders etc. If the number and condition of the anchoring and scaffolding deviate from the acknowledged condition, the customer is liable for the consequences thereof and releases us from any liability.

7.2 If registration or permission from an official authority or the consent of a neighbouring landowner is required to erect the scaffolding, the customer must ensure that these requirements are properly met before assembly begins.

7.3 If a scaffold is damaged as a result of force majeure (e.g. fire, collapse of a building, storm from wind force 6 and similar), the client shall reimburse the replacement price, including restoration of the original condition (repair of tarpaulins and nets etc.). The customer hereby assigns to us his claims against the construction insurance to be taken out by him.

7.4 The client is liable for sufficient site lighting as well as timely switching on and off of the lamps.

7.5 Advertising signs may only be attached to the scaffolding with our special permission. However, we do not assume any liability for construction or security police.

7.6 The client is responsible for ensuring that the fitters we send out can work unhindered. Since our price calculations assume that the work on the scaffolding is carried out in one go, additional costs due to delays for which we are not responsible are at the expense of the customer. This also applies to additional costs caused by a step-by-step assembly and disassembly of the scaffold.

7.7 The client is obliged to provide the changing rooms and toilets required by the trade regulations free of charge.

7.8 Cranes and elevator equipment available on the construction site may be used by us free of charge for the transport of scaffolding material, as well as the connections for high and light current and water available on the construction site.

Additional Services

8. Our offers and the acceptance of the order are based on the assumption that scaffolding can be erected without aggravating circumstances, unless the customer has pointed this out when requesting the offer and has specifically mentioned it in the offer and order. The following aggravating circumstances will, for example, be charged separately as additional services:

8.1 All fees, approval and processing costs for the use of public traffic areas, third-party properties and police registration and deregistration.

8.2 Insulation of lines through the light and power plants as well as removal or securing of obstacles of any kind.

8.3 Construction of protective scaffolding to secure private and public transport.

8.4 Subsequent alterations to the scaffolding or its anchorages as well as maintenance work on the scaffolding or on protective devices which become necessary through no fault of our own, also moving the scaffolding anchorage to other anchorage points and creating bridges.

8.5 Cleaning of the frameworks from coarse contamination. Hourly wage supplements will be charged for this work if the scaffold user has not performed this work.

8.6 Preparation of static calculations to prove the stability of the scaffolding and preparation of drawings of any kind.

8.7 All fees for scaffolding acceptance, e.g. test engineer fees also all fees for the examination of static calculations, even if the delivery of static calculations has been agreed.

8.8 Inaccessible access to the installation site. It must be possible to approach the scaffolding areas by truck. In the case of larger scaffolding areas, it must be possible to access the scaffolding by truck at least every 50 m.

8.9 Measures for preparing the ground on which scaffolding is erected, especially for falling, uneven or non-compacted terrain.

8.10 Lighting of the scaffolding to secure public and private traffic during the reservation period.

8.11 The installation and provision of elevators for the transport of building materials.

8.12 Erection, maintenance and removal of construction fences and walkways with roofing as well as facilities outside the construction site to divert and regulate public and private traffic.

8.13 Securing of parts of buildings as well as special measures to prepare the ground above parts of buildings on which scaffolding is erected. Measurement and invoicing according to VOB DIN 18451

9. Unless otherwise requested, the order amount shall regularly include the costs for assembly and disassembly of the scaffolds, delivery and removal of the scaffold materials as well as the provision of the scaffold material for use for 4 weeks. In the event that the scaffolding is handed over for use for longer than the basic service life of 4 weeks, 7% of the invoice amount shall be charged for each additional week, unless otherwise stated in the offer.

10. In the case of invoicing by square meters, the basic price will regularly cover the square meter of the scaffolded area. This area is measured horizontally in the largest development of the building or part of the building to be scaffolded, taking into account all projections and recesses, and vertically from the base of the scaffolding to the upper edge of the building or part of the building to be scaffolded. For scaffolds that are not erected to the top edge of the building, measurements are taken from the standing surface to 2 m above the topmost working platform.

11. In the case of scaffolding structures that grow with the new construction as well as in the case of conversions and partial dismantling, the transfer of use is charged separately for each construction stage.

12. The retention period shall commence at the time for which the usability of the scaffold has been agreed, but not earlier than the time when the use of the scaffold or individual parts thereof actually becomes possible and not later than the time when the customer actually uses the scaffold or individual parts thereof. Sundays and public holidays as well as days of bad weather shall be deemed to be full days of the provision period.

13. The release for dismantling the scaffolding must be given in writing. Cancellations made verbally or by telephone must be confirmed in writing by the customer without delay. The transfer of use ends at the earliest 3 working days after receipt of the written release by us. If released scaffolding cannot be dismantled or rebuilt within 3 working days for any reasons for which we are not responsible, the transfer for use shall be extended until the conditions required for proper dismantling or rebuilding are fulfilled. We must be notified of this in writing.

Responsibility

14. With the acceptance of an installation we take responsibility for the perfect execution, but only according to the specifications of the customer. He shall provide us with all data, documents and information necessary for the technically perfect design and execution.

14.1 If damage or claims for compensation by third parties arise due to defects in our performance for which we are responsible or due to actions of our auxiliary persons during the installation work for which we are responsible, we shall be liable up to a total of € 1,000,000.00 for personal injury and damage to property from each case of damage for which we are responsible. If the claims for compensation exceed this amount, the claims of the orderer will be reduced in such a way that in total only a burden up to this amount arises for us. All further claims are excluded.

14.2 If damage has occurred during assembly and dismantling of the scaffolding which can be proven to have been culpably caused by our fitters, we must be notified of this damage in writing within 3 days of its occurrence at the latest, otherwise we shall not be liable. We do not assume liability for advertising facilities, neon signs and neon tubes, for antennas as well as for damage to and on roofs, lawns, gardens and parks, if scaffolding has to be erected there. Likewise, no liability is assumed for any damage that occurs when anchors are installed. The aforementioned does not apply in the event that the damage is caused intentionally or by gross negligence.

14.3 For the rest, the claim for damages is in any case - no matter for what reason - limited to the services of our liability insurer.

15. Structural changes to the scaffold may only be made by the scaffold manufacturer.

16. Scaffolding may only be removed by us or our authorized partners. Unauthorized dismantling and refitting is not permitted.

17. The client bears sole responsibility for the stability of components or equipment not erected by us as well as for the load-bearing capacity of the building ground.

Consumer Arbitration Procedure

None of the companies we represent participate in consumer arbitration proceedings under the Consumer Dispute Resolution Act.

Terms of Payment

18. After scaffold assembly or completion of a section and invoicing, 90% of the respective unit prices of the assembly positions are due for payment within 10 calendar days without discount, the remaining 10% of the respective unit prices after disassembly. In the case of orders under € 2,500.00 and scaffolding downtimes of less than 4 weeks, 100 % of the invoice amount shall be invoiced after the scaffolding has been assembled.

18.1 Reserve positions are due for at least 2 weeks in advance in principle 100% within 10 calendar days for payment without cash discount deduction.

18.2 The withholding of payments or the offsetting of counterclaims that are disputed by us or have not been legally established is excluded.

18.3 If the customer is more than 10 days in arrears with the payment of the invoice amount due, interest of 6% per annum shall be charged on the amount due. A reminder is not required.

18.4 If the customer is more than 2 weeks in arrears with the payment of our invoice amount, we shall be entitled to terminate the contractual relationship without notice and to dismantle and remove the scaffolding material immediately at the customer's expense, if a previous setting of a deadline with threat of refusal in accordance with § 326 BGB (German Civil Code) remains unsuccessful. This shall also apply if, after conclusion of the contract, we become aware of circumstances which are suitable for reducing the creditworthiness of the customer. If these circumstances occur, all claims - regardless of their legal basis - shall become due immediately. In addition, we are entitled to perform any outstanding services - for whatever legal reason - only against advance payment or security, and to withdraw from any other contracts.

18.5 Credit notes for bills of exchange and cheques are valid with the value date of the day on which we can dispose of the equivalent value. We only accept discountable bills of exchange on account of payment on the basis of special written agreements. Stamp duty, discount and other expenses shall be borne by the customer.

19. Ancillary agreements All agreements that deviate from these contractual conditions as well as ancillary agreements with regard to the overall contract must be in writing and only become binding upon our written confirmation.

20. Binding nature of the conditions: Should individual parts of the above General Terms and Conditions of Contract, Rental and Assembly be or become invalid by law or regulation, the binding force of the remaining provisions shall not be affected.

Place of jurisdiction

21. As far as the legal possibilities of a court agreement are fulfilled, the courts at the location where the order is fulfilled shall have jurisdiction for both parties and also for all present and future claims arising from the business relationship.