General terms and conditions (GTC)

The following general terms and conditions (hereinafter referred to as GTC) are expressly recognised by the customer and continue to apply if the order or contract contains additional terms:

1.

The order shall be regarded as accepted by the customer if the latter does not cancel it within a period of 10 days beginning from the order date.

2.

All deliveries shall be made at the prices in force on the date of dispatch if no price was agreed in the order.

All deliveries shall be made at the buyer's own cost and risk.

If the approximate dimensions, types or glass types are changed after conclusion of the contract, the price shall be adjusted to the new situation in accordance with the applicable price list of the company, which is regarded as agreed and expressly recognised by the customer.

3.

The delivered products (windows, doors, gates, roller shutters etc.) are custom-made items and therefore cannot be taken back or exchanged.

4.

OST-Fenster is entitled to request advance payments or other security from the customer before starting work. This shall also apply if the customer defaults on a due payment. Further rights shall not be affected by this.

5.

The customer is prohibited from assignment as security before full payment of the purchase price. OST-Fenster must be immediately notified of seizure measures on the property to which title is retained as well as the instigation of a compulsory auction or the initiation of bankruptcy proceedings. In addition, the customer must inform the relevant creditor of the retention rights of OST-Fenster. Otherwise, the customer is personally liable in relation OST-Fenster in this respect.

6.

The customer assures with his signature that he has control of the house and land and, if applicable, is unreservedly authorised by the owner in terms of his business activity. If the customer places an order with OST-Fenster without being authorised to do so, he shall be liable for damages in relation to OST-Fenster in accordance with article 8, item 1.

1.

The terms agreed in writing shall apply in each case. These may only be modified by written agreement.

2.

In the event of delayed payment, default interest shall be charged to the customer as follows:

For business customers, the invoice amount shall be payable within 30 days from the invoice date. After the above-mentioned period has elapsed, interest shall be charged on the invoice amount in accordance with articles 3 and 5 of the law dated 18 April 2004 relating to payment periods and default interest.

For private customers, the invoice amount shall be payable within 30 days from the invoice date. After the above-mentioned period has elapsed, default interest at the statutory interest rate shall be payable after 3 months has elapsed after receipt of the goods or completion of the work in accordance with article 12 of the law dated 18 April 2004 relating to payment periods and default interest.

3.

Complaints must be submitted within 10 days after receipt of the delivery or after completion of the assembly work, without releasing from the customer from his payment obligation to OST-Fenster.

4.

OST-Fenster is entitled to demand submission of a directly enforceable guarantee by a recognised bank from the customer.

1.

Construction and assembly work shall only be carried out by OST-Fenster if all essential preliminary work has been performed and completed. OST-Fenster shall not be liable in the event of any delay to the preliminary work.

2.

Patching, cutting and sealing work as well as dismantling of the replacement elements shall not be included in the quoted price unless expressly listed in the quotation.

3.

The minimum calculation area per roller shutter is 1 m2.

4.

The minimum calculation for interior and exterior window sills, roller shutter casings and roller shutter casing bases is 1 running metre.

5.

Installation of the wall-girder case is not included in the unit price and is calculated separately.

6.

The window sills must be assembled before assembly of the windows. If the customer asks for assembly of the windows before assembly of the window sills, the associated unavoidable risk in the event of any damage rests with the customer.

Only written arrangements are binding and legally enforceable for the parties. These may only be amended by mutual written agreement.

However, a unilateral, exceptional amendment by OST-Fenster shall be binding for both parties and legally enforceable unless the customer objects in writing within one week after receipt of this unilateral amendment.

1.

The statutory mandatory guarantees apply to all products delivered by OST-Fenster.

2.

In addition, OST-Fenster grants a contractual guarantee on all its own products and services in accordance with the written guarantee terms in force on the date of conclusion of the contract.

3.

For the products not made by the seller itself, only the contractual guarantee granted by the respective manufacturer shall be accepted.

4.

We reserve the right to technical advancements resulting in design changes. These do not entitle the customer to withdraw from the contract.

5.

Colour deviations in special and additional elements are possible and therefore do not constitute grounds for complaint.

6.

OST-Fenster is not liable for any unforeseeable damage caused by assembly, repair, guarantee or inspection work on the components. This includes, for example, damage to wallpapered or plastered tiled roller shutter casings; damage to window sills and damage to plastered wall embrasures.

If the system installation work cannot be carried out when the OST-Fenster assembly team arrives for reasons for which OST-Fenster is not at fault, the customer is obliged to refund the travel costs incurred in accordance with the cost rate of OST-Fenster. The same applies in the event of fruitless but agreed trips by the engineer, customer services or painter.

1.

All deliveries by OST-Fenster are „ex works“.

2.

In the event of assembly work performed by OST-Fenster, the service is provided „on site“.

3.

Non-adherence by OST-Fenster to a delivery appointment agreed in writing entitles the customer to withdraw from the contract with no refunding of expenses after the setting of an additional period of at least 30 days. In the event of force majeure or delay to material deliveries by the manufacturing factory or supplier, OST-Fenster is fully released from its obligation to adhere to the delivery appointment and the customer must grant an appropriate extension.

4.

The customer is also bound to the agreed delivery or assembly appointment. If the customer refuses performance of the service within the agreed period because he wants the service to be performed later, OST-Fenster is free to grant an extension. In this respect, OST-Fenster entitled to calculate a price adjusted to the postponement (for extra labour and material costs) except in the case of a time-limited price guarantee agreed in writing. Claims for damages on the part of OST-Fenster remain unaffected by this.

1.

If the customer refuses the services to be performed by OST-Fenster or if he does not respond to performance of the work despite the setting of an extension of 2 weeks, OST-Fenster is entitled to refuse the service, withdraw from the contract and/or demand compensation for non-performance. In this case, OST-Fenster is entitled to charge a flat-rate compensation sum of 40% of the contractual price excluding VAT without firm proof of the existence or extent of the damage involved.

2.

The same compensation claim applies if the customer impedes OST-Fenster in performing the work, for instance in the event of interim execution by a third-party contractor or in the event of non-compliance with the payment terms.

Starting from the date of delivery, the customer bears the risk of damage and loss of the goods. In this respect, it must be noted that the customer is not entitled to offset any claims with OST-Fenster.

1.

The place of performance is Luxemburg.

2.

All contracts, rights and other claims are subject to Luxemburg law and the jurisdiction of the city of Luxemburg.

3.

The same jurisdiction is competent if the buyer lives abroad, relocates his residence or commercial domicile abroad after conclusion of the contract or his habitual residence is unknown when proceedings are instituted.

4.

If individual provisions of the above general terms and conditions are invalid, the other provisions remain valid.