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Veranco Ltd. Terms and Conditions

 

1. Preliminary Remarks
1.1 By placing an order with Veranco Ltd the client recognizes the following terms and conditions of
the contractor, in particular regarding prices, delivery, payment, withdrawal from the contract and
damages without limitation.
1.2 With regard to the delivery order, the scope of the contract (Order Confirmation), any sales and
technical documents as far as they were provided by the contractor to the client.
1.3 Insofar as the order in question relates to land, the client shall, by signing under the Contract
Document (Order Confirmation), ensure that he owns the land concerned with the order or that he has
been authorized by the owner to issue the order in question.

2. Order Execution
2.1 The order execution or delivery takes place at the place named by the client. The client himself is
responsible for any approvals, unless otherwise agreed. If a certain period has been agreed for the
execution of the order or delivery, this shall only commence when the contractor must provide
documents as well as after having submitted all binding measures to the contractor. The order will only
be confirmed upon the receipt of the agreed deposit.

3. Prices
3.1 Insofar as no fixed prices have been agreed between the client and the contractor, the prices are
calculated based on the prices valid on the day of the order execution or delivery. The prices include
the VAT valid at the time of conclusion of the contract. If the VAT changes after conclusion of the
contract, the invoice will be based on the value added tax which is valid at the time the contract is
executed.
3.2 The order confirmation is only valid if the contractually agreed down payment of 30/40% has been
paid.
3.3 If the down payment has not been made within 14 days, the contractor reserves the right to
withdraw from the contract.

4. Withdrawal from the contract, termination, compensation and warranty
4.1 If the client withdraws from or terminates the contract prior to the production of the contracted
work, the contractor shall be entitled to claim compensation of 30/40% of the contract value, unless
the client proves that the damage incurred by the contractor due to this termination was low or no
damage has occurred at all.
4.2 If the client refuses acceptance after manufacturing the components or the work, the client owes
the contractor 100% of the total contract value for the delivery of components without assembly and
90% of the total order value for delivery and assembly. The customer is at liberty to assert further
claims for damages. These are not affected by this agreement.
4.3 Should it be determined during the assembly process that the order execution or assembly is not
possible for technical reasons in the intended manner, which the contractor is not responsible for, the
contractor has the right to withdraw from the contract without the customer being entitled to claim
for damages, unless the contractor or his vicarious agents have caused the damage negligently or
intentionally or there is a personal injury.
4.4 The contractor gives a 10-year guarantee on the construction of the terrace cover and the powder
coating. On electrical components such as lighting, heating and sun shading systems, a guarantee of 2
years is given.

5. Retention of Ownership
Until complete payment of the total order value, the goods and components delivered by the
contractor remain the property of the contractor. The client and the contractor agree that the
assembly of the product by a third party does not arise.

6. Payment
6.1 When signing the contract, 30/40% of the order value will be due upon signing of the contract.
6.2 Against the claims of the contractor, the client can only set off counterclaims if they have been
legally established or recognized by the contractor.
6.3 Please note that separate orders are also created for different products. These are processed
independently, and an invoice is sent for each separate order.

7. Order Execution
7.1 When executing the order, the client has the obligation to ensure that necessary permits, such as
building permits, etc., are available for the execution of the order. Furthermore, it is up to the client to
ensure proper access.
7.2 The client must ensure that electricity, water and toilet use are guaranteed at the agreed date of
order execution.
7.3 The liability of the contractor for damages during the execution of the order in the house or other
objects of the client or third parties is limited on the part of the contractor to intent or gross
negligence. Only in the case of gross negligence or intent does the contractor or third parties
commissioned by him have to be liable for damages to the client.

8. Acceptance of Works
8.1 The completion of the work by the contractor is considered as acceptance of the work. Small and
insignificant defects (for example color deviations) do not influence the acceptance.
8.2 The contractor assumes the guarantee only for services that are performed by him or a third party
commissioned by him. For services that the contractor has not carried out himself or through a
contracted by him third party, no warranty is offered.
8.3 Upon acceptance, the client confirms that the executed work and the supplied components and
materials are in perfect condition and that the work is accepted as being in accordance with the
contract.
8.4 Before acceptance, the client is obliged to inspect the work carried out for defects that are
recognizable and obvious or that could have been detected on thorough and careful examination.
Defects that could have been detected, with careful examination of the work before acceptance,
cannot be subsequently reprimanded. In case of defects, the client may demand supplementary
performance. For the subsequent performance, the contractor must be granted a period of at least 5
weeks. In the subsequent delivery, the contractor can decide at his discretion whether to choose the
repair of the defect or its replacement. If the subsequent performance involves disproportionate costs,
the contractor may refuse supplementary performance.
8.5 If the contractor fails to fulfill his aforementioned obligations, in particular the supplementary
performance obligation within the period, or if the rectification fails, the client may demand an
appropriate reduction of the remuneration. The withdrawal from the contract is excluded. Also
excluded is the replacement of the defective component by the client at the contractor’s expense.
8.6 If it has been agreed between the client and the contractor that the client will take over the
assembly of the delivered components in whole or in part, the liability and warranty for the installation
shall be cancelled. If the client modifies the delivered and / or installed components, uses them
improperly or otherwise modifies them or makes attachments, the warranty on the part of the
contractor also lapses.
8.7 Further claims for damages of the client against the contractor as well as commissioned third
parties for other breaches of duty from the contract and tort are excluded, unless they are based on
intent or gross negligence or there is a personal injury or injury to health.
8.8 With the acceptance of the contractor’s performance, the latter agrees that pictures / videos of the
assembly and the finished product may be made. These images may then be subsequently published
via the client’s social media channels. People will not be shown. If the contractor does not agree with
this, he must inform the client of his objection in writing or by e-mail.

9. Supplementary or deviating agreements
Supplementary or deviating agreements are only binding for the contractor if they have been
confirmed in writing by the contractor.

10. Severance clauses
Should individual provisions of this contract not be legally effective or lose their legal validity later, the
validity of the remaining provisions shall remain unaffected. Instead of ineffective agreements or gaps
in the contract, provisions come closest to the will of the party.

11.Liability
The liability of the contractor towards the client for his legal representatives, vicarious agents or
employees is excluded except in cases of intent and gross negligence. This also applies to damages that
did not occur on the delivery itself, in particular for damages due to the loss of data. In cases of injury
to life, body or health, the contractor is also liable in cases of slightly negligent breach of duty.

12. Data Protection
Without your express consent, your data will be used exclusively for the processing of your order and
stored in the course of the business relationship by computer system, unless you would like to take
advantage of additional services.
A transfer of your data to companies commissioned with the delivery takes place only insofar as the
order processing makes this necessary. Otherwise, the data will be kept strictly confidential and will
not be made accessible to third parties.
If you lose your documents relating to your orders, please contact us by e-mail, fax or telephone. We
will send you a copy of the data of your order.

13.Delivery Time
13.1 The delivery period is individually agreed or specified by us upon acceptance of the order. If this is
not the case, the delivery period is approx. 4-6 weeks , deviations of plus / minus 14 days are possible.
As soon as deviations are recognizable for us, we will inform the buyer immediately and arrange the
concrete delivery day by mutual agreement. Specifically agreed delivery dates are met.
13.2 The delivery period begins on the day of the order confirmation, but not before the purchaser
must provide documents, approvals, clearances, as well as the receipt of an agreed down payment
amounting to 30/40% of the order value, or proof that an agreed collateral has been provided.
13.3 Should unforeseen obstacles beyond our control, which we were unable to avert despite the care
required in the circumstances of the case – whether they occur to us or to a subcontractor – be it major
forces (eg war or natural disasters), delays in the delivery of essential raw materials or other
circumstances for which we are not responsible – we are entitled to withdraw from the delivery
contract in whole or in part or to extend the delivery time by the duration of the obstacle. The same
rights apply to us in case of strike and lockouts at our or our suppliers’ companies. We will notify our
clients of such circumstances immediately.
13.4 In case of a delay in delivery, the buyer can withdraw from the contract after the expiry of an
appropriate grace period; in the case of the impossibility of our performance, he is entitled to this right
even without a period of grace.
A reasonable grace period is 4 weeks for custom-made products.
13.5 Claims for damages from cases of simple negligence are excluded. If we culpably violate a
contractual obligation or a cardinal obligation, the liability is not excluded, but limited to the contracttypical,
foreseeable damage.
13.6 Insofar as a commercial firm transaction has been agreed, the limitations of liability in paragraphs
4 and 5 shall not apply; The same applies if the purchaser can assert due to the delay for which we are
responsible that his interest in the fulfillment of the contract has ceased to exist.

Dublin, 08.03.2018

Veranco Ltd