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GENERAL TERMS AND CONDITIONS OF BUSINESS
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§ 1 Subject Matter of The Contract
1.1 The following General Terms and Conditions (GTC) apply to customers who have purchased any type of service/construction work from DirtWays GmbH.
1.2 Customers within the meaning of Section 1.1 are private individuals, companies, associations, and government institutions.
1.3 The contract is concluded between the customer and DirtWays GmbH, represented by Maximilian Gast, Niederndorfer Hauptstraße 24, 91074 Herzogenaurach.
1.4 Deviating general terms and conditions of the customer are not recognized unless DirtWays GmbH expressly agrees to their validity in writing.
1.5 The basis for all fees and other billing amounts is exclusively the current fee schedule of DirtWays GmbH, which is available upon request. All prices on the DirtWays website, flyers, or tenders are for guidance only.
§ 2 Terms of Payment/Remuneration
2.1 The fee for services/construction work performed by DirtWays GmbH is based on the current prices stipulated in the respective support contract or individually agreed upon by the customer and DirtWays GmbH.
2.2 Payment of the invoice amount for all services/construction work is made by invoice. The customer will receive a written invoice from DirtWays GmbH and/or an online invoice via email, which must be paid without deductions within 14 days of the invoice being issued. Advance payments may be due after the offer has been signed. The customer will find details in the individual offer.
2.3 Any additional costs incurred as a result of the services/construction work, such as travel, tool materials, additional work, or other costs, must be borne in full by the customer. This also applies to all costs incurred by DirtWays GmbH in this connection.
2.4 For all services, the customer shall bear the travel costs incurred by DirtWays GmbH of €0.55 plus VAT per kilometer traveled. 20km is included per service/construction unit. The start of each trip is the DirtWays GmbH headquarters, Niederndorfer Hauptstr. 24, 91074 Herzogenaurach.
2.5 If additional work is required during the execution of an order, DirtWays GmbH must inform the customer and, if necessary, adjust the quote. If the customer does not agree to this, this may result in an inferior result.
§ 3 Conclusion of contract/booked services
3.1 For each inquiry, the customer receives a customized quote for signature. After signing, the customer receives an order confirmation. A deposit may be required; this will be clearly stated in the quote. An invoice will be issued upon completion of the services/construction work.
3.2 A purchase contract for the services/construction work comes into effect upon signing the quote.
§ 4 Liability
4.1 DirtWays GmbH is not liable for damages caused to third parties or the client during the provision of services/construction work. Furthermore, DirtWays UG GmbH is only liable for its own fault or gross negligence. In principle, any liability is excluded if the client fails to comply with DirtWays GmbH's instructions. After completion of the services/construction work, DirtWays GmbH is not liable for any damages of any kind.
4.2 DirtWays GmbH is also not liable for services provided in the premises and using the resources of third parties. This applies in particular to services/construction work provided by DirtWays GmbH when using the constructed facility.
4.3 DirtWays GmbH maintains business liability insurance to cover any statutory liability claims of the client.
4.4 DirtWays GmbH never guarantees the achievement of the objectives of the services/construction work. DirtWays GmbH will endeavor to fulfill the requested services/construction work. Deviations in completion may occur.
§ 5 Scope of Services
The scope and content of all services/construction work provided by DirtWays GmbH are agreed upon and recorded individually with each customer.
§ 6 Care plan / Contact Times
6.1 Contact with DirtWays GmbH is via email during the following business hours:
Mon-Fri: 8:00 AM – 6:00 PM
Sat: 9:00 AM – 4:00 PM
§ 7 Confidentiality & Data Protection
7.1 DirtWays GmbH is obligated to treat any information about its customers or any information received from them confidentially. The same applies to the customer and any information they receive from or through DirtWays GmbH.
7.2 All customer data collected as part of the provision of services/construction work will be processed in compliance with the currently applicable General Data Protection Regulation (GDPR). By accepting the currently applicable General Terms and Conditions of DirtWays UG (limited liability), the customer authorizes DirtWays GmbH to process and store the received data.
7.3 Within DirtWays GmbH, only those persons who need your data to fulfill our contractual and legal obligations will have access to it. Service providers and vicarious agents employed by us may also receive data for these purposes if they comply with the GDPR and other data protection regulations. These are essentially companies such as public bodies and institutions (e.g. police, public prosecutor's office), if there is legitimate reason to forward the data, credit and financial service institutions and other similar institutions and processors to whom we transmit personal data in order to carry out the business relationship with you.
§ 8 Copyright and Trademark Law
If the website offers the option to enter personal or business data (email addresses, names, addresses), the disclosure of this data by the user is expressly voluntary. The use of and payment for all services offered is permitted – as far as technically possible and reasonable – without providing such data or by providing anonymized data or a pseudonym. The use of contact information published in the imprint or similar information, such as postal addresses, telephone and fax numbers, and email addresses by third parties to send unsolicited information is prohibited. Legal action against senders of so-called spam emails in the event of violations of this prohibition is expressly reserved.
§ 9 Final Provisions
9.1 Unless otherwise provided in these Terms and Conditions, amendments, additions, and ancillary agreements must be made in writing to be valid. Furthermore, individual additions to the general terms and conditions of DirtWays GmbH by both parties may be included in the respective business contract.
9.2 Should any of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision will be agreed upon by mutual consent.
9.3 By signing the disclaimer, the customer confirms the General Terms and Conditions of DirtWays GmbH.
Dirtways GmbH
Niederndorfer Hauptstraße 24
91074 Herzogenaurach
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