GTC

§ 1 Scope of application
1.1 The following General Terms and Conditions apply to all current and future business relationships between the customer
and
KD Überdachung GmbH
Karl-Landsteiner-Ring 1
65428 Rüsselsheim
Tel: 06142 330 600
E-Mail: info@kd-ueberdachung.de
which is hereinafter referred to as KD.
1.2 Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless
their validity is expressly agreed in writing.
1.3 Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. A consumer within the meaning of Section 13 BGB is any natural
person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession
. An entrepreneur within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity who, when
entering into a legal transaction, is acting in exercise of their trade, business or profession.

§ 2 Conclusion of contract
2.1 Conclusion of contract on the business premises of KD
If the contract is concluded in a branch of KD, the contract is concluded in text form between the customer and KD. In this case, the customer shall be informed in writing or verbally of the inclusion of these GTC in the contractual relationship
.
2.2 Conclusion of contract outside the business premises of KD
If the contract is concluded outside the business premises of KD (e.g. at the customer’s premises), the contract shall be concluded in text form between the customer and KD
. In this case, the customer shall be made aware of the provisions of these GTC. In this case, the customer shall be informed in writing or verbally of the inclusion of these GTC in the contractual relationship.
2.3 Conclusion of contract by remote communication
a. Customers have the opportunity to obtain information about the existing product range via the KD website. Inquiries submitted there for the preparation of an offer
are non-binding for the customer. This also applies to requests for the preparation of an offer via other
means of remote communication. Upon request, KD shall submit a binding offer to the customer in text form. Unless otherwise specified in the offer
, the customer may accept the offer with binding effect within 10 working days. Thereafter, KD is no longer bound by the offer.
b. Acceptance of the offer by the customer must always be in text form. The customer must check any order confirmations for correctness immediately upon receipt
. This applies in particular to quantities, dimensions and color specifications. KD must be notified immediately of any discrepancies between the offer, acceptance and order confirmation
and of any inaccuracies. The customer has no claim to the implementation of change requests communicated late.
c. The processing of a contract offer requested in accordance with section 2.3 and the transmission of all information required in connection with the conclusion of the contract
takes place by e-mail and is partially automated. The customer must therefore ensure that the e-mail address provided
is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
2.4 Collateral agreements, assurances or other changes relating to the order are only valid if KD has confirmed them in text form.
This also applies to change requests that the customer expresses to KD during an installation appointment. KD expressly points out to the customer
that KD’s fitters are not authorized to extend, shorten or otherwise change the contents of the order.
2.5 KD is entitled to make any necessary technical changes, modifications or adjustments to the subject matter of the contract
even after conclusion of the contract, provided that this does not result in any deterioration of the subject matter of the contract in terms of form, function or price. KD shall keep the customer
informed of such changes.

§ 3 Coordination of delivery or assembly
3.1 Delivery and assembly dates and changes to dates must be expressly agreed between the customer and KD in text form.
3.2 If KD is itself dependent on deliveries from third parties for the delivery and/or assembly, it is entitled to change the delivery and/or assembly date to
if it is not supplied by the third party on time. In this case, KD shall inform the customer in text form and agree a new
delivery and/or assembly date with the customer. The same applies to cancellations due to weather conditions.
3.3 The customer is entitled to set KD a reasonable deadline for delivery and/or installation if eight weeks have passed since the first unsuccessful delivery and/or installation date. If this deadline expires without success, the customer shall be entitled to withdraw from the
contract in whole or in part. Claims for damages and/or reimbursement of expenses due to delayed delivery and/or installation or non-performance,
for whatever reason, shall only exist in accordance with Section 7.
3.4 If KD offers the goods for collection, the customer may collect the ordered goods during the business hours specified by KD at the address specified by KD at
. In this case, no shipping costs shall be charged. In this case, no shipping costs will be charged.
General Terms and Conditions KD Überdachung GmbH, as of April 23 3

§ 4 Transfer of risk
4.1 Delivery of goods
a. In the case of goods delivered by a forwarding agent without an assembly agreement, delivery shall be “free kerbside”, i.e. to the public kerbside nearest to the
delivery address, unless otherwise agreed.
b. If the delivery of goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable
costs incurred by KD as a result. This does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. For the return costs,
if the customer effectively exercises the right of revocation, the provision made in this respect in the revocation instructions shall apply.
c. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the
customer as soon as KD has delivered the goods to the forwarding agent, the carrier or the person or institution
otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods
shall generally only pass to the customer or a person authorized to receive the goods when the goods are handed over to the customer. By way of derogation from this, the risk of accidental
loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as KD has delivered the goods to the
forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the
forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and KD has not previously named this person or institution to the
customer.
4.2 Assembly
a. If KD’s performance is subject to acceptance, the customer is obliged to accept the work produced in accordance with the contract. The customer may not refuse acceptance due to
insignificant defects. Slight, assembly-related soiling of the work are insignificant
defects and do not entitle the customer to refuse acceptance
b. A work shall also be deemed to have been accepted if KD has set the customer a reasonable deadline for acceptance after completion of the work and
the customer has not refused acceptance within this deadline, stating at least one defect to KD.
c. The legal consequences under clause 4.2 lit. b. shall only apply if KD has informed the customer, together with the request for acceptance, of the consequences
of an undeclared acceptance or a refusal to accept without stating defects; the information must be provided in text form.
d. If the customer accepts a defective work in accordance with clause 4.2 lit a. although he is aware of the defect, he shall only be entitled to the statutory rights of subsequent performance,
self-remedy, reimbursement of expenses and withdrawal if he reserves his rights due to the defect at the time of acceptance.
e. After completion of the installation, KD and the customer shall carry out a joint inspection of the work and draw up a written acceptance report at
. The customer is not entitled to refuse to cooperate in the performance of the inspection and the preparation of the
acceptance report. If the customer is not present at the time of acceptance, he must ensure that an authorized representative can carry out the
acceptance.
f. KD bears the risk of accidental loss and accidental deterioration of a work until its acceptance by the customer. If
the customer is in default of acceptance, the risk shall pass to the customer. Partial acceptances are permissible. KD shall not be responsible for the accidental loss and accidental
deterioration of any services provided or to be provided by the customer for the production of the work.
g. The risk of accidental loss and accidental deterioration shall pass to the customer upon handover of the subject matter of the contract.
From the time of handover, the customer shall be entitled to the benefits and shall bear the burdens of the item. If the customer is in default
of acceptance, this shall be deemed equivalent to handover. If, at the customer’s request, KD ships goods sold to a place other than the place of performance, the risk shall pass to the customer
as soon as KD has delivered the goods to the forwarding agent, carrier or other person or institution
designated to carry out the shipment.

§ 5 Prices and payment
5.1 The contractually agreed price is the price stated in the order confirmation in euros incl. statutory value added tax/sales tax, incl. packaging Packaging
and/or transport or shipping costs as well as assembly costs.
5.2 The customer shall be informed of the payment options in KD’s offer. If advance payment by bank transfer has been agreed, payment
is due immediately after conclusion of the contract, unless the parties have agreed a later due date. If a purchase on account is selected, the
purchase price is due after the goods have been delivered and the customer has received the invoice. In this case, the purchase price must be paid within seven
days of the invoice date without deduction, unless otherwise agreed.
5.3 The statutory provisions shall apply to default of payment. In the case of checks, bank or postal transfers, the date on which the credit note is received by
KD shall be deemed the date of receipt of payment. If the customer is in default of payment, KD shall be entitled to claim statutory default interest. In the event of
payment default, KD shall be entitled to charge default interest of 9 percentage points above the ECB prime rate to companies and persons acting commercially
in accordance with Section 288 (5) of the German Civil Code (BGB) as well as a lump-sum default fee of €40. With regard to private individuals, KD shall be entitled to charge
default interest in the amount of 5 percentage points above the ECB prime rate in the event of late payment.
5.4 Expenses incurred due to changes to the subject matter of the contract in terms of type or scope at the customer’s request after KD’s order confirmation at
and/or which arise due to the fulfillment of subsequent or unforeseeable official conditions and requirements
shall be invoiced separately at the contractually agreed price. In particular, the customer shall be obliged to reimburse KD for any additional expenses incurred
by third parties commissioned by the customer who are not in KD’s warehouse.
5.5 If KD’s services are rendered six months or more after the conclusion of the contract, KD shall be entitled to make reasonable price changes
due to changes in the cost of materials, production, distribution and other costs for the deliveries and services of the subject matter of the contract.
General Terms and Conditions KD Überdachung GmbH, as of April 23 4
5.6 The customer may only set off claims that are undisputed or have been legally established. This restriction of the
right of set-off shall not apply if the monetary claim for set-off arises from a claim for which the customer could or could have withheld
.

§ Section 6 Retention of title
6.1 The goods shall remain the property of KD until all claims arising from the business relationship have been paid in full.
6.2 The following shall also apply to customers who are entrepreneurs within the meaning of Section 14 BGB:
a. KD retains title to the goods (reserved goods) until all payments arising from the business relationship with the customer have been received.
b. The customer is obliged to handle the purchased goods with care as long as title has not yet passed to him. If maintenance and inspection work must be carried out before the transfer of ownership, the customer must carry this out in good time at his own expense. As long as
ownership has not yet been transferred, the customer must inform KD immediately in writing if the delivered item
is seized or exposed to other interventions by third parties.
c. The customer is entitled to resell the goods subject to retention of title in the normal course of business. The customer hereby assigns to KD the claims arising from the resale of the
goods subject to retention of title in the amount of the outstanding purchase price claim. This shall also apply if the purchased item is processed and
then resold. The customer remains authorized to collect the claim even after the assignment. The authorization of KD to collect the claim itself
remains unaffected. However, as long as the customer meets its payment obligations, is not in default and no application has been made to open
insolvency proceedings against the customer, or payments have been suspended, the assignment will not be disclosed and the
claim will not be collected.

§ 7 Warranty
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply.
7.2 Unless KD designates information, illustrations or drawings contained in brochures, advertisements and other offer documents as binding
, these are merely indicative. Manufacturing-related deviations in dimensions, contents, thicknesses, weights, color shades and
in the wire structure are permissible within the tolerances customary in the industry.
7.3 If the delivered item or the work does not have the quality agreed between the customer and KD or is not suitable for the
use assumed in the contract or for the use in general or does not have the properties that the customer could expect according to KD’s public
statements, KD shall be obliged to provide subsequent performance. This shall not apply if KD is entitled to refuse subsequent performance on the basis of the statutory provisions
.
7.4 If the customer demands subsequent performance, KD may, at its discretion, remedy the defect or produce a new work. KD may refuse
subsequent performance if it is only possible at disproportionate cost.
7.5 During subsequent performance, the reduction of the agreed remuneration or withdrawal from the contract by the customer shall be excluded.
A rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect
or the other circumstances indicate otherwise or the customer expressly requests further supplementary performance.
7.6 If subsequent performance has failed or if KD has refused subsequent performance altogether, the customer may, at its discretion, demand a reduction of the remuneration agreed at
(reduction) or declare its withdrawal from the contract.
7.7 KD reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply to
in the event that KD is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier
with due care. KD shall make every reasonable effort to procure the goods. In the event of non-availability or only
partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
7.8 KD shall not assume any warranty for damage to the goods caused by normal wear and tear, improper handling,
non-observance of safety precautions, use of force or repair attempts on the customer’s own initiative.
7.9 The following technical-physical phenomena on glass, for example, do not constitute defects: inconspicuous optical phenomena,
colored reflections (interference), optical phenomena on insulating glass and on toughened glass (hammer blow), distortion of the outer
mirror image (double pane effect) on insulating glass, suspension points on toughened glass, bending scars on curved glass. This is based on the
“Visual Guidelines” of the glass manufacturers. A prerequisite for the warranty for anodized and powder-coated profiles is that the customer has carried out proper care and cleaning, which he must prove to
in case of doubt.
7.10 The surface coating of the delivered goods meets the highest quality standards. The assessment of the coating quality in accordance with RAL quality assurance (RAL RG631) must be carried out without tools, for exterior components at a distance of 5m, for interior components at a distance of 3m.
Small pimples, scratches, grinding marks and weld seams that are not clearly visible from this distance do not constitute a defect and therefore do not constitute
grounds for complaint.
7.11 All patio covers are equipped as standard for Germany snow zone 1 and 1a. The loads such as snow and wind loads, which are calculated
and contribute to the statics of the patio roofing, must be precisely specified by the customer before ordering so that KD
can check whether the patio roofing meets these specifications. Otherwise, the above-mentioned standard values are assumed. A warranty by
KD in the event of missing or incorrect information is hereby excluded.
7.12 The following applies to sliding glass walls, glass for patio roofs and other glass walls: Due to the special properties of glass and the risk of
damage, the customer is obliged to inspect the glass immediately. All obvious and/or recognized defects, shortages and
incorrect deliveries must be reported in writing within ten days at the latest, in any case before processing or installation. KD accepts no liability for glass breakage, scratches or other
damage after delivery and after installation of the glass panes.
General Terms and Conditions KD Überdachung GmbH, as at April 23 5
7.13 The joints produced by KD are largely maintenance joints or care joints, which are excluded from the
warranty in the event of normal wear and tear. Particularly in the case of installations above living spaces, lateral sealing of rafters, facade connections,
terrace roofs or carport connections, coupling points, etc., the tightness cannot be permanently
guaranteed due to signs of wear. No thermal seals are produced. Closed roofs are only installed as so-called cold conservatories
.
7.14 A gap of up to 5 mm is normal when cutting systems to size and does not constitute a defect.
7.15 The following additional provisions apply to the delivery of goods to entrepreneurs:
a. In deviation from the statutory provisions, a warranty period of
one year from handover to the customer shall apply to contracts with entrepreneurs for the delivery of new goods, and a warranty period of six
months from handover to the customer shall apply to contracts with entrepreneurs for the delivery of used goods. The rights of the entrepreneur under Sections 478, 479 BGB remain unaffected by this.
b. The above reductions in the warranty period do not apply to claims based on damage caused by KD, its legal
representatives or vicarious agents in the following cases: In the event of injury to life, limb or health,
intentional or grossly negligent breach of duty, fraudulent concealment of a defect, breach of a duty, the fulfillment of which is essential for the
proper execution of the contract and on the observance of which the customer may regularly rely
(cardinal duty). Furthermore, KD shall be liable under the Product Liability Act, insofar as the scope of application of the Product Liability Act is opened up, or
in other cases listed by law in which KD’s liability is mandatory.
c. If the customer is a merchant within the meaning of the German Commercial Code (HGB), it must notify KD of defects without delay, but at the latest within one week of receipt of the goods.
Defects which cannot be discovered within this period even after careful inspection must be notified in writing to
immediately after discovery, otherwise the goods shall be deemed to have been approved even in view of this defect. The above shall not apply if KD has fraudulently concealed the defect
or has assumed a corresponding guarantee. If KD enters into negotiations about a complaint, this
shall in no way constitute a waiver of the objection of delayed, insufficient or unfounded notification of defects.
d. The above provisions on the length of the warranty period shall not apply if the law provides for longer
warranty periods, for example for construction defects, and KD’s performance is a performance in this sense.

§ 8 Installation instructions and the customer’s duty to cooperate
8.1 The connection of electrically operated delivery items (e.g. LED lighting, radiant heaters, electric motors of awning systems, etc.) is not
included in the scope of the order and may not be carried out by KD. It is the responsibility of the customer to commission these services accordingly.
8.2 The disposal of excavated earth for foundation work, paving, concreting or other work for sealing the foundation surface etc.
is the responsibility of the customer and is not included in the subject matter of the contract and the contractually agreed remuneration (installation costs).
8.3 In the case of installations that have to be postponed due to bad weather, there is neither a right of withdrawal nor a claim for damages.
The installation will then be carried out by KD as soon as the weather permits. This also applies to delays due to sick leave of
fitters, extreme traffic conditions, delays in delivery by suppliers or other cases of force majeure.
8.4 At the request of KD, the customer is obliged to prove to KD that it is the owner of the land on which the contractual
system is to be erected. Otherwise, the customer must provide KD with written consent to the construction of the contractual installation from the
legal owner.
8.5 The customer is obliged to ensure that KD can produce the contractual work without disruption. This applies in particular to
the guarantee of free access to the construction site, the securing of sensitive surfaces or pieces of furniture, the notification with regard to underground,
rear-walled or otherwise not externally recognizable pipes or similar, the removal of other building substances, materials or objects that could impair the unhindered execution of the assembly
. In particular, the customer is obliged to provide KD with free access to
a water connection and a secure electricity connection at its own expense.
8.6 KD is entitled not to commence or to terminate the installation if the conditions in Clauses 8.4 and 8.5 are not met.
8.7 If the customer fails to cooperate as required to produce the work, KD may demand reasonable compensation if the customer is in default of acceptance due to the failure to cooperate
. The amount of compensation shall be determined on the one hand according to the duration of the delay
and the amount of the agreed remuneration, and on the other hand according to the expenses saved by KD as a result of the delay or which KD is able to acquire through other
use of its labor.
8.8 The customer may commission KD separately with the preparations necessary for the performance of the installation in return for payment of a remuneration corresponding to
. Clause 2 shall apply accordingly to such separate commissioning.
8.9 KD’s services are based on type static calculations. If further planning beyond the
type static calculations is required for the contractual services of KD, KD shall inform the customer of this. Such planning services are to be commissioned externally by the
customer on the basis of KD’s type static calculations and are not included in KD’s contractually agreed remuneration.
8.10 The customer is obliged to instruct third parties (e.g. tradesmen) who are active in the area of the system to be installed by KD, but who are not within the scope of KD’s duties
, in accordance with this Section 8. Section 5.4 shall apply with regard to such additional costs incurred by KD as a result of disruptions caused by third parties designated above
.
8.11 If a work to be produced has been lost, deteriorated or become impossible to perform before acceptance due to a circumstance for which the customer is responsible (e.g. defectiveness of supplied
parts/services, instructions, etc.), without this being due to a circumstance for which KD is responsible
, KD may demand a part of the remuneration corresponding to the work performed and reimbursement of expenses not included in the remuneration
.
General Terms and Conditions KD Überdachung GmbH, as of April 23 6
8.12 It is expressly pointed out that the customer does not have to take any vacation on the installation date and that this is solely the decision of the
customer. Accordingly, there will be no reimbursement in the form of compensation or reimbursement by KD.
8.13 In all other respects, the contractually agreed installation guidelines of KD shall apply.

§ 9 Limitation of liability
9.1 KD shall be liable without limitation for damages if it is guilty of intent or gross negligence.
9.2 KD shall only be liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is essential for the proper performance of the contract
and on the observance of which the customer may regularly rely (cardinal obligation). Otherwise, liability for simple
negligence is excluded.
9.3 If KD is liable for simple negligence as above, liability shall be limited to the damage that could typically be expected to occur according to the circumstances known at the time the contract was concluded
.
9.4 The above exclusions and limitations of liability shall not apply if a guarantee has been given for the quality of the goods or if the
defectiveness of the goods has been fraudulently concealed. KD shall also be liable without limitation for damages for which it is liable under the Product Liability Act
and for damages to life, body and health.
9.5 KD shall only be liable for its own content on our websites and catalogs. Insofar as further links provide access to other websites
, KD is not responsible for third-party content contained therein.

§ 10 Official approvals
10.1 The erection or modification of building structures may be subject to approval.
10.2 The customer is obliged to obtain any necessary official approvals at its own expense prior to construction. KD shall not be liable for
the approvability of the construction project and/or construction stoppages or fines imposed on the customer due to a breach of the applicable
building regulations.

§ 11 Data protection
Please note that personal data within the meaning of Art. 2
General Data Protection Regulation (GDPR) is processed within the scope of the business relationship or in connection with it, provided that the requirements of Art. 6 para. 1 GDPR are met. In addition, our
privacy policy applies, which you can view at https://www.kd-ueberdachung.de/datenschutz/

§ 12 Final provisions
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with mandatory international
consumer protection law.
12.2 In the event of disputes with entrepreneurs, the place of jurisdiction shall be Rüsselsheim am Main if the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal
person under public law or a special fund under public law.
12.3 The European Commission provides a platform for online dispute resolution (OS) under the following link:
https://ec.europa.eu/consumers/odr. KD is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board
.
12.4 If one of the above provisions is invalid in whole or in part due to statutory provisions, regulations or amendments to the law
, all other provisions shall remain unaffected and shall continue to apply in full.