These terms and conditions apply for online calculators published in the Infopool of Steinzeug-Keramo GmbH. All calculations by Steinzeug-Keramo GmbH are made exclusively on the basis of these General Terms and Conditions. Differing terms and conditions of the customer/user shall not form part of the contract unless they are expressly accepted by Steinzeug-Keramo GmbH in writing. The performance of services by Steinzeug-Keramo GmbH does not constitute acceptance of the customer’s conditions.
Subject to any express agreement to the contrary, as a general principle, calculations, consultations and technical information are provided as a free courtesy service by Steinzeug-Keramo GmbH.
Subject to any express agreement to the contrary, calculations and other consultations are provided only on the basis of the customer’s own information. Furthermore, calculations and information are provided on the assumption that the statutory and official specifications, the specifications of the German Construction Contract Procedures (Vergabe- und Vertragsordnung für Bauleistungen: VOB), the relevant DIN provisions and the recognised rules of architecture have been observed.
Complaints must be submitted to Steinzeug-Keramo GmbH immediately and no later than within seven working days of detection. In the interests of preserving evidence, changes to the damaged area may not be made without the consent of Steinzeug-Keramo GmbH. Otherwise claims may no longer be derived from such defects.
In the case of disputes concerning defects, a decision shall be reached by an expert report commissioned by both parties at a neutral institution. If there is no agreement about the contract, the arbitration report shall be commissioned by the President of the Cologne Chamber of Industry and Commerce. The report's decision is final and is binding for both parties, provided it is not obviously incorrect. The costs of the investigation and the arbitration report shall be borne by the losing party.
Steinzeug-Keramo GmbH does not accept any liability for damage caused by incorrect information from the customer or its representatives.
The liability of Steinzeug-Keramo GmbH, its bodies and its agents corresponds to the legal provisions, subject to the regulations below. In the event of damage to property, liability in cases of minor and gross negligence is limited to € 75,000 per act causing damage. If the sum of individual damages to several claimants exceeds the upper limit, then the compensation shall be limited proportionally so that the sum of all claims equals the upper limit. Regardless of this, in the event of damage to property, liability in cases of minor negligence is limited to direct and foreseeable damage.
Liability of Steinzeug-Keramo GmbH shall expire two years after the construction of the structure concerned and no later than three years after the calculations and/or consultations are provided.
The place of performance and jurisdiction is Cologne
For all business relationships, the applicability of the law and the jurisdiction of the courts of the Federal Republic of Germany shall apply as agreed.
Should any of these provisions be invalid, the validity of the remaining provisions shall not be affected. The legally effective provision that is closest to the intended purpose of the ineffective provision shall apply in place of the ineffective provision.
Steinzeug – Keramo GmbH