1. Scope
These General Terms and Conditions (GTC) apply to all contracts for pipe and sewer technology services between AVA SERVICE, Südstraße 158, 52134 Herzogenrath, and its clients.
They apply to consumers within the meaning of § 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of § 14 BGB. Deviating or supplementary conditions of the client only become part of the contract if we expressly agree to them in writing. Oral side agreements require written confirmation.
2. Conclusion of contract
The presentation of our services on this website does not constitute a legally binding offer. A contract is concluded when the client accepts an offer or places an order with us and we confirm it – including orally or by email.
We treat telephone enquiries and emergency callouts as an order as soon as the client clearly requests performance. For documentation purposes, we recommend a written order confirmation.
3. Services
The scope of services owed arises from the quote, the order confirmation and these GTC. Inspections that make additional measures necessary in the course of the work are carried out only after prior information to and consent from the client.
We owe professional execution in accordance with recognised technical standards, but not a specific economic result unless expressly agreed. For emergency callouts, the final diagnosis can only be made on site; the resulting work is agreed separately.
4. Prices and payment
All prices are in euros. Unless stated otherwise, they are subject to statutory VAT. Fixed prices relate exclusively to the scope of services described in the quote. Additional work, materials or disposal costs will be communicated before execution and invoiced separately.
Invoices are due for payment within 14 days without deduction unless otherwise agreed. For larger orders, reasonable advance payments may be agreed. We reserve our statutory rights in the event of late payment.
5. Appointments and cooperation
Appointments are agreed on a binding basis where possible. We will inform the client immediately if an appointment has to be postponed for an important reason. The client ensures that the work site is accessible and that the necessary connections – such as electricity and water – are available.
Known pipe routes, shut-offs or special hazards must be reported before work begins. Waiting times or additional journeys for which the client is responsible may be charged after prior notice.
6. Liability
We are liable without limitation for intent and gross negligence as well as for injury to life, body or health. For simple negligence, we are liable only for breach of essential contractual obligations and limited to the foreseeable damage typical for the contract.
Liability under the German Product Liability Act, under an assumed guarantee and for damage arising from injury to life, body or health remains unaffected. Further liability is excluded to the extent permitted by law.
7. Cancellation and consumers
Consumers have a statutory right of cancellation for contracts concluded exclusively by means of distance communication. The cancellation period is 14 days from conclusion of the contract. The details arise from the separate cancellation policy, which we provide to the consumer before conclusion of the contract.
A right of cancellation does not exist if the service has been fully performed at the consumer's express request before the cancellation period expires and the consumer has confirmed this before performance begins. The statutory exceptions apply to emergency callouts. A model cancellation form is available on request.
8. Dispute resolution and final provisions
We are not obliged and generally not willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration body, unless there is a statutory obligation. Please direct questions to info@ava-service.de or 0162 4555557.
The law of the Federal Republic of Germany applies. If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Aachen. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. They will be replaced by a provision that comes closest to the economic purpose.