General terms and conditions
TAFF S.à r.l. by WANDWERK
Facade cleaning, terrace cleaning, natural stone cleaning, roof cleaning, solar cleaning, aluminium & steel cleaning, gravestone cleaning
ARTICLE 1: GENERAL
The following General Terms and Conditions (hereinafter also referred to as “GTC”) apply to any services that you (hereinafter also referred to as “Client”) order from us:
TAFF, S.à r.l.
Limited liability company
Registered office: L-6314 Beaufort, 6, rue des Promenades
H.R. Luxembourg: B 264335
Establishment authorization: 10140078/0
hereinafter also referred to as “Contractor”, “we”, “us” or any variation thereof,
commissioned, as well as any contractual and business relationships resulting therefrom and services rendered.
2) These GTC shall prevail and take precedence over any terms and conditions of purchase (general or special) and statements on documents or records of the Customer. We shall not be bound by the customer’s GTC unless we have expressly agreed to their validity in writing. Our consent can in no case be inferred from the fact that we maintain business relations, even of a long-term nature, with the client without having objected to the client’s GTC or having expressly excluded their application.
These General Terms and Conditions shall apply as a framework agreement, also for future contracts with the Client, without the need to refer to their validity again in each individual case.
ARTICLE 2: SUBJECT MATTER OF THE CONTRACT
1. façade cleaning, stone terrace and natural stone cleaning: The content of the service and the only success owed is the removal of dirt and algae infestation and subsequent protective application to the façade, stone terrace, courtyard and natural stone surfaces specified by the client. Excluded is the removal of discolorations and soiling of other origin (e.g. water or mold stains, graffiti, paint residues, paints, etc.).
2. roof cleaning: The content of the service and the only success owed is the mechanical removal of dirt and the removal of algae infestation by applying a long-term cleaner to the roof surfaces.
3. solar cleaning: The content of the service and the only success owed is the mechanical removal of dirt with clean water.
4. aluminum & steel cleaning: The service content and the only success owed is the removal of dirt from aluminum or steel house doors and window frames, as well as color refreshing using special cleaners.
5. wooden terrace cleaning: The service content and the only owed success is the removal of dirt, algae infestation and old varnish. Upon request, the surfaces can be de-greyed and oiled (if possible without damage).
The contractor does not owe the customer the production of a uniformly colored surface.
ARTICLE 3: ELECTRICITY AND WATER SUPPLY
The client shall ensure that the service water required for the performance of the service as well as a 230 V power connection are provided free of charge. The water and electricity consumption necessary for the performance of the service shall be borne exclusively by the Customer.
ARTICLE 4: ACCESS
1. the client must ensure that the place of use (access road), as well as the areas to be cleaned, are freely accessible/accessible.
2. if this is not ensured and the Client does not immediately comply with the request to vacate the premises, the Contractor shall be entitled to withdraw from this Agreement, without prejudice to its right to claim damages from the Client.
ARTICLE 5: LEAKS
1. the client must ensure that all doors, gates, windows and other building openings are closed before the start of the work and that all leaks through which cleaning water could penetrate have been repaired. The Contractor shall be informed separately of any special circumstances.
2. liability of the contractor for damage caused by leaks (e.g. from windows, doors, masonry, etc.), as well as damage to roof and facade surfaces, due to insufficient adhesion of the surfaces, is excluded.
ARTICLE 6: OFFER
1. our offers are non-binding and subject to change, unless they have been expressly marked as binding by us.
2. a written order confirmation on the part of the customer shall be deemed to be a binding contractual offer, whereby we reserve the right to reject this contractual offer without stating reasons.
3. without prejudice to the application of Art. 4. paragraph b), costs for possible construction of access roads or clearing of the place of work (these works are discussed with the client in advance) are not included in our offers (if not listed separately). The same applies to any additional costs that are due to special circumstances that were not known to us at the time the offer was made.
ARTICLE 7: COMMENCEMENT OF PERFORMANCE
1. orally agreed dates for the start of performance or completion are non-binding.
2. in the event that the date of commencement of performance or the date of completion cannot be met, the Client shall not be entitled to any compensation or the right to terminate the Agreement prematurely, unless this would result in unreasonably long delays. In this case, however, the Client is obliged to send a reminder by registered mail and to grant the Contractor a final, reasonable deadline.
3. if the start of the work or completion is not possible or justifiable due to force majeure or reasons for which we are not responsible (accident, fire, epidemics or pandemics, strikes, weather,…) or for safety reasons, we reserve the right to withdraw from the contract without the client being entitled to compensation or performance of the contract as a result of this circumstance.
ARTICLE 8: IMPORTANT NOTICE
During cleaning and for some time afterwards, unavoidable dirt residues as well as water stains can be found on window sills, balconies, terraces and yard surfaces. We recommend that you remove them immediately. We accept no liability for soiling and damage caused by these residues or by dripping dirt and cleaning agents.
ARTICLE 9: PRICES AND TERMS OF PAYMENT
Unless otherwise expressly agreed, the prices agreed at the time of conclusion of the contract shall apply.
2. the prices stated in the offers marked as binding by us are only binding for a period of 30 days from the date of issue and are exclusive of VAT. Value added tax.
3. unless otherwise expressly agreed, each invoice is payable within 8 days, without discount or other reductions.
We are entitled to demand a reasonable advance payment from the customer when placing the order and to make the conclusion of the contract dependent on the prior, full settlement of this payment.
5. any failure to observe the payment deadline shall cause the outstanding balance(s) to become due immediately by operation of law and without prior reminder. From that date, interest on arrears will be charged at the statutory rate applicable in Luxembourg. In such cases, we also reserve the right to suspend the execution of the orders still in progress until the full payment of the outstanding amounts, without any claim, including the right to compensation, arising for the client from this circumstance.
6. the incurred reminder and collection costs shall be borne by the client and shall be charged to the client, with a minimum amount of 40.00 €.
ARTICLE 10: INSPECTION FOR DEFECTS AND LIABILITY
1. immediately after completion, the work shall be accepted in writing. Obvious defects or complaints must be reported at this time. Acceptance can also be carried out without form or by tacit agreement. This shall be deemed proven if the Client does not make any reservations or complaints within a period of 7 days after performance of the service.
2. without prejudice to the warranty granted by us (see Article 11), we shall be liable only within the scope of the statutory warranty obligations and periods. Our liability only applies in the event of intent or gross negligence on our part. The compensation we may have to pay under our warranty obligation cannot exceed the order amount and does not cover consequential damages or indirect damages. Excluded from these limitations is our legal liability for the death or bodily injury of a consumer to the extent that such death or injury was caused by our act or omission.
ARTICLE 11: WARRANTY
1. in case of facade washing (for privately used one- and two-family houses), we guarantee for a period of 10 (ten) years from the date of execution that your facade will not be seriously attacked by algae again or show gross discoloration due to algae infestation, provided that the facade has been cleaned with the product “TAFF Action” and treated with “TAFF Preserve”. Any exclusion reasons specific to your object will be noted separately in the offer.
2. in case of facade washing (for residences, rental or office buildings), we guarantee that your facade will not be seriously infested by algae again or show gross discoloration due to algae infestation for a period of 5 (five) years from the date of execution, provided that the facade has been cleaned with the product “TAFF Action” and treated with “TAFF Preserve”. Any exclusion reasons specific to your object will be noted separately in the offer.
3. no guarantee against new soiling is given for patio cleaning (stone and wood), natural stone cleaning, roof cleaning, solar cleaning and aluminium & steel cleaning.
4. in the event of a justified warranty claim on the facade washing, the Contractor shall rectify the situation by reworking the affected surfaces free of charge. This work will be carried out within the limits of available capacities in coordination with the client.
ARTICLE 12: MISCELLANEOUS
(1) Should any provisions of these GTC be or become invalid, void or incomplete, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by such provisions which come closest to the invalid provisions in their economic content. The same applies to gaps in the contract.
2. all possible disputes concerning the validity, the interpretation, the execution, the termination or the dissolution of the present contract shall be subject exclusively to the jurisdiction of the Luxembourg courts. This Agreement is governed by the laws of Luxembourg.
If the Client is not proficient in German, a version of these General Terms and Conditions translated into French may be made available to him at his request. In case of discrepancies between the different language versions, the German version shall prevail.
Information pour nos clients francophones:
Si vous ne maîtrisez pas la langue dans laquelle les présentes CG sont rédigées vous avez le droit d’obtenir, sur simple demande, une traduction française des présentes conditions.