Terms and conditions

§ 1 Scope

(1) These terms apply to all contracts for the repair, maintenance, installation, disassembly, relocation, technical inspection and upholstery restoration of fitness and sports equipment between Schirmer GmbH ("we" or "the contractor") and the customer.

(2) Differing, conflicting or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to them in text form. This also applies where we perform without reservation in the knowledge of such terms.

(3) A consumer is any natural person entering into the contract for purposes that are predominantly outside their trade or self-employed professional activity (§ 13 BGB). An entrepreneur is a person acting in the exercise of such an activity (§ 14 BGB). Some provisions apply to entrepreneurs only; this is marked in each case.

§ 2 Formation of contract, quotations

(1) The presentation of our services on this website is not a binding offer but an invitation to enquire. A contract comes about only when we confirm the order in text form or begin performance.

(2) Unless expressly stated to be binding, our quotations are without obligation and valid for fourteen days.

(3) A cost estimate is a professional estimate, not a price guarantee (§ 650 BGB). If it becomes apparent that actual costs will exceed the estimate by more than 15 per cent, we notify the customer without delay; the customer may then terminate the contract and owes payment for work already done.

§ 3 Scope of work, fault finding

(1) We owe the service described in the order. Its scope follows from our order confirmation; verbal side agreements are effective only once confirmed in text form.

(2) Fault finding and diagnosis are services in their own right, charged by time spent — including where it turns out that a repair is technically impossible, economically unreasonable, or not wanted by the customer.

(3) If it emerges during the work that a machine cannot be economically restored, we say so and agree how to proceed. We are not obliged to carry out repairs which, in our professional judgement, would not restore the machine to a safe operating condition.

§ 4 Appointments, travel, customer’s duty to cooperate

(1) Appointments are binding where agreed as binding in text form; otherwise they are indicative. Delays caused by force majeure, strikes, official measures or late supply by our own suppliers extend the performance period by a reasonable amount.

(2) Our technicians travel to the site. Travel and travel time are charged separately in accordance with the relevant quotation or order confirmation, unless otherwise agreed.

(3) The customer ensures that, at the agreed appointment: access to the location is clear and the equipment reachable; a power supply is available; a person able to give information and take decisions is contactable; and the routes, doors and lifts needed for transport can be used. For work on equipment fixed to the building, the customer discloses existing services in the structure and the load capacity of the floor.

(4) If the customer does not meet these duties, waiting time is charged by time spent and any second visit required is charged separately.

§ 5 Cancellation and wasted journey

(1) If the customer cancels a binding appointment later than 48 hours before the agreed time, or if on arrival the work cannot be carried out for reasons within the customer’s responsibility, we may charge the travel flat rate stated in the quotation and the waiting time incurred.

(2) The customer expressly remains free to show that we suffered no loss or a substantially smaller one. We remain free to show a higher loss.

§ 6 Spare parts, older equipment, pre-existing damage

(1) We fit new original or equivalent parts. Used or refurbished parts are used only by express agreement.

(2) For equipment whose parts the manufacturer no longer supplies, we cannot promise a repair. Lead times for parts are outside our control.

(3) We are not liable for damage attributable to wear, corrosion, improper earlier repairs, missing maintenance, or a method of execution specified by the customer. We point out recognisable risks of this kind before starting work.

(4) Removed old parts are disposed of properly unless the customer asks for them back when placing the order.

§ 7 Technical inspection — scope and limits

(1) A technical inspection is a professional assessment of the machine’s condition at the time of inspection. It is not an official approval, not a certification, and not a certificate under any legally prescribed inspection regime.

(2) The inspection report documents the condition found and the defects identified. It gives no assurance that the machine will remain safe to operate up to any future date.

(3) The operator’s own responsibility for the safe operation of its installations — in particular duties under occupational safety law and the duty of care towards users — remains untouched and does not pass to us by commissioning an inspection.

§ 8 Prices and payment

(1) We do not work from a general price list: every job is quoted individually, and the prices that apply are those of the relevant quotation or order confirmation, plus statutory VAT. For services to entrepreneurs established in Luxembourg, the invoice is issued without German VAT under the reverse-charge mechanism where the conditions for it are met.

(2) Invoices are payable in full within 14 days of the invoice date.

(3) In case of late payment, entrepreneurs owe default interest of 9 percentage points above the base rate plus a flat 40 euros under § 288(5) BGB; towards consumers the statutory rate of 5 percentage points above the base rate applies. We reserve the right to claim further loss caused by the delay.

(4) For substantial orders, in particular installation and relocation projects, we may require a reasonable advance payment and stage payments as work progresses.

(5) The customer may set off only against claims that are undisputed or have been established by a final court decision. A right of retention is available only where it arises from the same contractual relationship.

§ 9 Retention of title

Fitted spare parts and delivered items remain our property until paid for in full, to the extent that they can be removed without damage. Where they are combined with an item belonging to the customer, we acquire co-ownership in proportion to the value of the parts fitted.

§ 10 Acceptance and warranty

(1) On completion the customer accepts the work. If, being obliged to do so, the customer fails to accept it despite a request and the expiry of a reasonable period, the work is deemed accepted.

(2) Towards entrepreneurs, claims for defects become time-barred one year after acceptance. Entrepreneurs must inspect the work without delay and give notice of obvious defects without delay, at the latest within seven days, in text form; hidden defects without delay after discovery (§ 377 HGB).

(3) Towards consumers, the statutory warranty periods apply without restriction.

(4) In the case of a defect we first provide subsequent performance. If it fails twice, the customer has the statutory rights.

(5) No warranty is given for defects arising from normal wear, from third-party intervention after our work, from improper use, or from omitted maintenance.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent of any guarantee given.

(2) For simple negligence we are liable only for breach of a material contractual duty — a duty whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded.

(3) Liability is otherwise excluded. This does not involve any change in the burden of proof to the customer’s disadvantage.

(4) The above limitations also apply in favour of our legal representatives, employees and agents.

§ 12 Consumers’ right of withdrawal

Consumers have a statutory right of withdrawal for contracts concluded at a distance or off our business premises. Details and the model form are set out in the right of withdrawal.

§ 13 Data protection

How we handle personal data is described in the privacy policy.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the state of their habitual residence.

(2) Where the customer is an entrepreneur, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our place of business. We remain entitled to sue at the customer’s general place of jurisdiction as well.

(3) The language of the contract is German. Translations of these terms serve comprehension; in case of divergence the German version prevails.

(4) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(5) Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory rule.