Gebäude und
Immobilienservice S.A.

Gebäude- und Immobilienservice S.A.
Ringstraße 83
54662 Herforst
Germany

Contractual Basis & General Terms and Conditions for all contracts, deliveries and services.
Applicability: B2B & B2C

1. Scope of Application

These General Terms and Conditions apply to all contracts, deliveries and services provided by Gebäude- und Immobilienservice S.A., hereinafter referred to as the Contractor. Individual agreements shall take precedence. Any deviating terms and conditions of the Client shall only apply if they have been expressly accepted in text form.

2. Offers and Conclusion of Contract

Offers are non-binding unless otherwise specified. A contract is concluded by signing, confirmation in text form or commencement of the services.

3. Scope of Services

The offer, contract and specification of services shall determine the scope of services. Additional services outside the agreed scope shall be charged separately.

4. Client’s Obligations to Cooperate

The Client shall provide the necessary access, keys and information in good time and shall inform the Contractor of any hazardous areas. Obstacles or delays attributable to the Client shall generally not affect the Contractor’s entitlement to remuneration.

5. Subcontractors

The Contractor is entitled to engage suitable subcontractors.

6. Remuneration and Payment

The agreed prices shall apply, plus value-added tax where applicable. In the event of late payment, the statutory provisions shall apply.

Winter Maintenance & Weather Conditions

7. Winter Maintenance, Weather Monitoring and Deployment Decisions

The Contractor uses information from the German Weather Service (Deutscher Wetterdienst) and local conditions as a basis for its decisions. Services are carried out at the Contractor’s professional discretion, including preventive measures where slippery conditions or ice formation are expected.

The necessity of deployment is not determined solely by air temperature; services may also be required at temperatures above freezing.

8. Winter Maintenance – Monthly Flat Rate

In the case of monthly flat-rate agreements, the flat rate is payable regardless of the number of deployments.

It covers operational readiness, provision of resources, planning and performance of services. There is no obligation to document individual deployments or regularly submit such documentation to the Client unless expressly agreed in the contract.

9. Winter Maintenance – Individual Billing

Where services are billed per deployment, the services performed shall be charged in accordance with the agreement.

10. Deployment Times

Deployment times shall be determined by the agreement, local requirements and prevailing weather conditions.

11. Gritting Materials

The type and quantity of gritting materials shall be determined at the Contractor’s professional discretion, taking local regulations into account. Significant price increases may be taken into consideration.

12. Obstacles

Inaccessible areas may be excluded from the provision of services. The Contractor’s entitlement to remuneration shall generally remain unaffected.

13. Exceptional Winter Events

Extraordinary additional work may be remunerated separately.

Property Services & Maintenance

14. Building Cleaning

The scope of cleaning services shall be determined by the specification of services. Special services shall be provided by agreement.

15. Grounds Maintenance

Grounds maintenance is dependent on weather conditions. Additional work shall be charged separately.

16. Caretaker and Property Services

Caretaker and property services shall be performed in accordance with the contractual agreement.

17. Security and Inspection Services

Security and inspection services shall be provided within the agreed scope. The Contractor does not guarantee a particular result.

Price Adjustments & Contracts

18. Changes to Services

Changes to the agreed services may result in corresponding adjustments to remuneration.

19. Price Adjustments

Prices may be adjusted to a reasonable extent in the event of significant changes in costs.

20. Fuel and Energy Costs

Fuel and energy costs may be taken into account when determining prices.

21. Statutory Cost Increases

Cost increases resulting from statutory requirements may be passed on to the Client to the extent permitted by law.

22. Property-Specific Contracts and Termination of the Main Contract

If a subcontractor agreement is concluded exclusively for a specific client property, it may be terminated with 14 calendar days’ notice if the main contract permanently ceases, the property is permanently no longer available, or access to the property is permanently prohibited.

Services already performed shall be remunerated. Statutory rights shall remain unaffected.

23. Loss of Client Properties

If a client property is no longer available, the contract shall be adjusted or terminated as appropriate.

24. Force Majeure

Force majeure and extraordinary events may result in delays in the provision of services.

25. Operational Disruptions

In the event of personnel or vehicle shortages or failures, replacements shall be provided to the extent reasonably possible.

26. Complaints

Complaints must be communicated to the Contractor without undue delay.

27. Liability

Liability shall be governed by the applicable statutory provisions.

28. Obstacles and Hazards

The Contractor must be informed immediately of any obstacles or hazards.

29. Contract Duration and Termination

The duration and termination of the contract shall be governed by the individual agreement. Special statutory rights shall remain unaffected.

30. Extraordinary Termination

The right to terminate the contract for good cause shall remain unaffected.

31. Late Payment

Late payment may result in the suspension of services to the extent permitted by law.

32. Set-Off

Set-off shall only be permitted within the statutory framework.

33. Data Protection

Data protection shall be governed by the provisions of applicable law.

34. Form of Amendments

Amendments must be made in text form.

35. Applicable Law and Place of Jurisdiction

The applicable law and place of jurisdiction shall be determined in accordance with the statutory provisions.

36. Final Provisions

Final provisions; in all other respects, the statutory provisions shall apply.