Quality, reliability, professionalism and client’s satisfaction in the first place - these are the most important components for your and our success. | Quality, reliability, professionalism and client’s satisfaction in the first place - these are the most important components for your and our success.

Em Constructions GmbH | Garather Schlossallee 19 | 40595 Dusseldorf
Telephone: +49(0)211 468 62 113 | Fax: +49(0)211 468 62 115
e-mail: info@emconstructions.de | Internet: http://www.emconstructions.de

District Court Dusseldorf, HRB 68213
Ust-IdNr: DE 815374149
Corporate form: Company with limited liability

Managing directors: Dipl.- Ing. Eric Mertens
Pictures from Fotolia
Responsible for the content of this website: EM Constructions GmbH


1. Content of the online offer
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial nature, which were caused by the use or disuse of the information provided or by the use of incorrect and incomplete information, are excluded, unless the author proves intentional or grossly negligent Fault is present. All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice, or to discontinue publication temporarily or permanently.

2. References and links
In the case of direct or indirect references to external websites (hyperlinks), which lie outside the area of ​​responsibility of the author, a liability obligation would only come into force in the case in which the author is aware of the contents and if it would be technically possible and reasonable for him Use in case of illegal content. The author hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore he dissociates himself hereby expressly from all contents of all linked / linked sides, which were changed after the link setting. This statement applies to all links and references within the own internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases on whose contents external write accesses are possible. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or disuse of such information, the provider of the page referred to, and not the one referring to the respective publication, is liable.

3. Copyright and Trademark Law
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to resort to license-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Just because of the mere mention is not to draw the conclusion that trademarks are not protected by rights of third parties! The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.

4. Privacy
If within the Internet offer the possibility for the input of personal or business data (email addresses, names, addresses) exists, the surrender of these data on the part of the user on expressly voluntary basis. The use and payment of all offered services is - as far as technically possible and reasonable - also without specification of such data or under specification of anonymized data or a pseudonym allowed. The use of the contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers as well as email addresses by third parties for the transmission of not expressly requested information is not permitted. Legal action against the senders of so-called spam mails in case of violations of this prohibition are expressly reserved.

5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet offer from which this page was referenced. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

I. General
1. The relevant contractual basis for all contracts to be carried out by the contractor (hereinafter: contractor) are the following General Terms and Conditions as well as any individual agreements; they have priority over deviating terms and conditions of the orderer (hereinafter: client), which are expressly objected to.

2. All contractual agreements should be made in writing or in electronic form (§ 126 a BGB) for reasons of proof.

II. Offers and documentation
1. Offers by the contractor are generally non-binding. If a written offer or an offer in electronic form of the contractor is present and nothing else is agreed, the offer is binding for the period of 15 calendar days after receipt by the client.

2. The order of the orderer is a binding request for conclusion of a work contract. The customer is bound to his application for 2 weeks. The declaration of acceptance is made by sending a written order confirmation or by delivering the ordered materials.

3. The written form requirement is granted if the declaration is sent out in a text form corresponding to the requirements of § 126 b BGB (eg fax or e-mail).

III. Orders
1. It is effective only if confirmed by us in writing within one month of receipt. Also after that it will take effect with our confirmation.

IV. Contractual form
1. All contracts and agreements must be in writing. The same applies to additions, changes and collateral agreements of any kind.

V. Delivery item
1. Delivery is made in accordance with the prices valid at the time of delivery. Minor changes and deviations, descriptions and drawings, even in moderation, are reserved.

VI. Prices
1. All prices are, unless otherwise agreed in Euro. The agreed prices correspond to the level of material, labor and other costs. Should these costs increase until delivery, unless a delivery has been made within 4 months after the conclusion of the contract, so that our prices are increased in line with the cost increase, the box prices applicable at the time of delivery and increased in line with the cost increase are decisive. We will announce price increases in the usual way.

2. Surcharges will be charged for over, night, Sunday and bank holidays ordered by the client as well as work under difficult conditions. The calculation assumes that the contractor has notified the client of the increased hourly rates at the latest at the time of commissioning.

3. An increase in VAT will be charged immediately in commercial transactions, then in non-commercial traffic to the customer, if the work is performed after the expiration of four months after conclusion of the contract.

4. Discount deductions must be agreed separately in writing.

5. A payment is deemed to be made only when we can dispose of the amount.

VII. Terms of payment and default
1. Unless otherwise agreed, the payments shall be made at the agreed times without deduction in cash or on any of our business accounts regardless of the receipt of the delivery and without regard to the time taken to carry out any assembly work. Prepayments and advance payments are without influence on the prices. You will be credited and charged on the agreed prices.

2. After acceptance of the work, invoices are immediately due and payable, unless otherwise agreed. All payments are to be accelerated to the utmost and paid by the customer / orderer without any deduction (discount, discount), after acceptance at the latest within 14 days after receipt of the invoice to the contractor. After expiry of the 14-day period, the client is in default, as far as the other legal requirements are met.

3. Bills of exchange and checks are accepted only on account of performance; the costs and expenses incurred will be borne by the debtor.

4. The client can only offset with undisputed or legally established counterclaims.

VIII. Delayed payment
1. If you remain in arrears with the agreed payments, you shall be liable from default on the outstanding amounts at 2% above the respective base interest rate of the European Central Bank; the assertion of a further delay damage remains reserved. If you are in arrears with a higher amount than 10% of the price, we are entitled to withdraw from the contract or to claim damages for non-fulfillment, without the requirement of a grace period and a threat within the meaning of §326 Abs. 1 BGB.

IX. Complaints / Defects
1. Obvious defects must be reported in writing within 8 days. This period begins at the time of delivery. Insofar as the defects should not be obvious at this time, the period begins with the occurrence of obviousness. The defects are to be described exactly with indication of the defective part, the part number and the place of damage. If necessary, the defects should be entered in a picture sent to you. For defects that are not asserted in accordance with these provisions, all warranty claims and claims for damages shall be void.

2. The customer's claims for defects become time-barred by the client in one year from acceptance of the work.

3. The shortened period for warranty claims of one year does not apply insofar as the liability is prescribed by law, e.g. in case of fraudulent concealment of a defect, liability for damages resulting from injury to life, limb or health due to intentional or negligent breach of duty by the contractor, his legal representative or vicarious agent as well as liability for other damages due to intentional or grossly negligent breach of duty by the contractor, his legal representative or vicarious agent.

4. Damage caused by improper use of the customer or third parties, violent destruction or unavoidable chemical or electrical influences as well as normal wear and tear (eg of seals) are excluded from the obligation to remedy the defect.

5th Within the scope of its contractual obligation to remedy defects (supplementary performance obligation), the contractor must only flaw both sides of the defect which are based on the content of the work contract (eg: repair, repair or maintenance order), but not defects on the object of the client Cause are not due to the content of the work contract.

X. Secrecy
1. For all documents, objects and the like handed over to us for the purpose of delivery and performance, the purchaser is responsible for ensuring that industrial property rights of third parties are not violated thereby. We will inform the purchaser of the rights of third parties known to us. The customer has to indemnify us from claims of third parties and to compensate us for any damages.

2. We reserve the right of ownership and copyrights to all designs, models, drawings, cost estimates, calculations and similar information of a physical or non-physical nature, including in electronic form. Such information may not be disclosed to third parties. If the purchaser receives such information in connection with the initiation of the contract, he is obliged to return it to us free of charge if the contract is not concluded.

3. The customer is obliged to make all information that is expressly designated by us as confidential or whose confidentiality arises from the circumstances only accessible to third parties with our express consent.

XI. Final provisions
For delivery abroad German law applies. Other contractual conditions, which deviate from the above and have not been expressly accepted by us in writing, are not valid. The invalidity of individual points of this General Business Condition does not affect the validity of the remaining provisions. The ineffective provision is replaced by a new provision, the economic effect of which comes as close as possible to the invalid provision. Place of fulfillment and place of jurisdiction for contracts concluded with the inclusion of these terms and conditions is Dusseldorf.

Terms and Conditions(GTC)
EM Constructions GmbH