KaGo & Hammerschmidt general conditions (service contract)
service contract, construction contract and instructions for consumer construction contracts with cancellation policy
Preamble:
Due to their special features, there are no valid regulations for artificial rock work and object design, and approximate regulations are not applicable. If we deviate from DIN rules or the so-called “generally accepted rules of technology” when carrying out our work, this is done in order to put cost-effective, innovative solutions into practice. In these cases we deal with KaGo & Hammerschmidt specific solutions, which derive from our many years of experience. For the suitability of our deviating solutions, with regard to the designs and embellishments of all kinds of different objects, we take over the obligation to remedy defects within the scope of the legal provisions.
§ 1 Scope
The business relationship between KaGo & Hammerschmidt (below mentioned also as KaGo, we, us, etc.) and the client (below also called AG, you, purchaser) is subject to the following terms and conditions in the version valid at the time of placing the order. KaGo does not accept deviating conditions from the customer’s side, unless KaGo has expressly agreed to their validity in writing. The contract design for consumers is always based on the legal requirements of the German Civil Code. In case of contradictions in the contract the following rules will apply in the listed order:
1. The specifications defined in the order confirmation / offer.
2. The special technical conditions of contract
3. The general technical conditions of contract.
4. The general terms and conditions.
5. The legal regulations.
Exemption:
It applies to services provided to public contractual partners, quasi-public contractual partners, contractual partners who employ a technically experienced vicarious agent, contractual partners who occupy themselves with the construction of buildings, and builders who are acknowledged to handle their contracts according to the VOBs (German Construction Contract Procedures).
The regulation for services according to VOB / B replaces our general conditions (AGBs) in our business relationships with legal entities of public law and, public special funds as well as the above mentioned clients, if this is determined by the client‘s side.
§ 2 Conclusion of contract / subsidiary agreement
1. If you want to commission KaGo, we will send you a form (which becomes part of the contract) about site information for extensive services. After receipt of the completed form and after clarification of the execution-technical details, we create an offer to which we commit ourselves for 3 months. Upon receipt of your order, based on our offer, the contract shall be deemed to be concluded.
2. Oral ancillary agreements should, if possible, be recorded in writing in minutes etc. or documented as a commercial letter of confirmation.
§ 3 Provision of services
The contractual service can be provided if the necessary public and subordinate permits have been obtained and the necessary preparatory work including material-related setting processes has been completed and the site properties required by KaGo in the general technical contract conditions are fulfilled. These must be procured by the customer on time and at their own expenses. In the event of non-compliance with these specifications, futile expenses shall be balanced with damages veritably caused by KaGo, due to execution interruptions or delays in scheduling, ie delay in acceptance of the client on the basis of the contractual hourly work of the contractual service charged to the client. KaGo grants the client’s changes to the type of execution (no change in deadline) of the contractual service until 2 days before the commencement of the corresponding service. If changes to the type of execution are only demanded by the client after the beginning or after the end of the service, the expenses for dismantling must be borne by the client. The areas to be dismantled will be invoiced according to the offer. If a service not provided for in the contract is required, KaGo is entitled to special remuneration. The remuneration is determined according to the special costs of the required service in relation to similar services in the offer. If the performance characteristics of an additional service cannot be determined unambiguously, or if the client does not provide KaGo with any planning documents in accordance with BGB § 650 b, these services will be invoiced at hourly rates if they are necessary for the continuation of the work or if the client’s urges execution. The basis for this calculation is the price details in the special technical contract conditions (hourly wage work). The client is required to ensure that communication between the contractor and the client’s decision-makers is possible in German at any time at the construction site. The corresponding information must be communicated by the client without being asked prior to commencement of work.
Technical changes are reserved in the course of the further development of the types of execution of KaGo are reserved. The documents required for execution must be handed over to KaGo free of charge and double fouled in good time. Even if these have been created by KaGo in whole or in part, the execution release must be confirmed by the client’s written approval on all documents prior to commencement of work. Each contractor remains responsible for their orders. The use of subcontractors remains at KaGo’s discretion. If plants are supplied by KaGo in the course of order processing, they are generally purchased from the point of view of their exclusive decorative function, their mobility and, with the exception of products marked “Outdoor”, designed exclusively for indoor use.
§ 4 Prices
The agreed prices in the order confirmation shall cover all services specified in the specifications, the “special terms of contract”, the “additional terms”, the “additional technical terms”, the “general technical terms of contract for construction work” and the commercial transaction including performance. The remuneration depends on the agreements listed in the offer signed by the contractor.If services are not carried out because no agreement can be reached on the remuneration, although a reasonable calculation has been submitted by the contractor, then damages originating from this circumstance shall be borne by the client. Hourly wage work is invoiced according to the specifications in the special technical conditions of the contract.
§ 5 Dates and deadlines
Start of execution is approximately agreed upon conclusion of the contract. The exact start of execution is agreed when the on-site advance preparatory work have been provided and have been approved by KaGo (§ 2 GTC) and the security/safety required by KaGo from § 9 (5) has been provided. The duration of execution is governed by the details of the offer. If delays are caused due to changes in the design by the client or delays caused by other unpredictable impediments that KaGo is not responsible for, the execution period will change accordingly. Mutually agreed deadlines can be changed or canceled by the client only up to 12 working days before admission free of charge.
§ 6 Distribution of danger
If work is damaged or destroyed in full or in parts prior to acceptance due to force majeure, war, riots or other objectively unavoidable circumstances which KaGo is not responsible for, the services rendered shall be settled according to the contract prices and, in addition, the costs that KaGo incurred and are included in the contract price of the non-executed part of the service. For the rest, the provisions of §§ 644 – 645 BGB shall apply.
§ 7 Termination
KaGo can terminate the contract if the client declares their inability to pay or is in default of debt, which makes insolvency probable. Other termination rights are governed by the legal provisions of BGB 648a and 650h. Termination requires written form.
§ 8 Acceptance / determination of status
1. The acceptance takes place in accordance with the provisions of § 640 BGB. If the client refuses to accept, they must name the defect (s) that, in their opinion, entitle them to refuse acceptance.
2. The determination of status according to BGB § 650g, which can be traced back to a refused acceptance by the client and demanded by the contractor, can be converted at any time into acceptance by mutual agreement.
3. The client is also obliged to state the status of parts of the service if the contractor so requires. In particular, if the risk of damage to the work is increased by orders of the client increased or follow-up work is to be done to the trade. This also applies if KaGo was aware of this higher risk potential or this work when the contract was concluded.
§ 9 payments
1. For execution periods longer than 10 working days, KaGo is entitled to demand installment payments in accordance with the service provision (§ 632 BGB). This also applies to work that is not performed at the place of performance.
2. If the customer is in default of payment, KaGo shall be entitled to charge default interest of 5% above the base interest rate p.a. announced by the European Central Bank. If KaGo has demonstrably incurred a higher damage caused by default, KaGo is entitled to assert this claim.
3. Clearing with the client’s counterclaims, not expressly recognized or legally established by the contractor, is inadmissible. Rights of retention can only be asserted if they are based on the same contractual relationship.
4. Unless otherwise agreed, invoices are due for payment without deduction within one week after invoicing.
5. KaGo is entitled to demand a builder’s security according to § 648a.
§ 10 Warranty and liability
1. The warranty is governed by the statutory provisions, subject to the following provisions.
2. Warranty claims are not assignable.
3. The contractor assumes no warranty for defects that are due to the nature of on-site services.
4. The client gives their order in the knowledge that our services have exclusively creative function and the usability e.g. a building or similar is not affected in principle. Any such changes must be specifically mentioned in the contract and specified with regard to the associated deadlines for remedy of defects.
5. The contractor shall also be liable in the event of damage due to breach of duty in contract negotiations, regardless of the legal grounds, only in case of intent, culpable violation of essential contractual obligations, gross negligence of the executive bodies or officers, culpable injury to life, body, health, in case of defects which the contractor fraudulently concealed or whose absence the contractor has guaranteed and to the extent that, under the Product Liability Act, liability for personal injury or property damage to privately used objects must be borne by the contractor. This also applies if damaged parts are to be replaced that did not occur on the delivery item itself.
6. In the event of a breach of essential contractual obligations, the client shall also be liable in the case of gross negligence of non-executive employees as well as slight negligence. In case of slight negligence, the liability is limited to the contractually typical, reasonably foreseeable damage.
7. Compensation of pure financial loss is limited by the general principles of good faith, such as in the case of disproportion between the value of the contract and the amount of the damage.
8. Any further liability – for whatever legal reason – in particular for compensation for damages that have not arisen on the delivery item itself, is excluded, insofar as legally permissible.
9. The contractor is not liable for such consequences of defects, for which no liability was expressly assumed, because they are to be assigned to the client’s scope of danger of the client.
§ 11 Copyright
It is understood that any ideas, intellectual work, design, models or others developed by us are or may be subject to the protection of the copyright and trademark laws. Any use or use contrary to these laws is prohibited and will be prosecuted accordingly.
This includes the “compilation of the structure and technical parameters of the techniques and materials used by KaGo & Hammerschmidt for the artificial rock industry as a standard and concept of quality”. It is not allowed to use these for own projects, to pass them on or to let other companies use them.
Our work and services can be stored for our purposes / advertising on media and used free of charge. The contracting party / client expressly agrees to that.
§ 12 detailed lump sum agreement:
- It is about a detailed package price including VAT.
- Lump sum determination.
The dimensions and type of execution were determined by mutual agreement between the client and the contractor. All documents which are signed by the client and the contractor and which contain the stamp “part of the lump sum calculation” dated (date) are the basis. In case of contradictions in the documents, the most recent document shall be valid.
All documents being the basis of the lump sum calculation are compiled in a list and signed by the client and the contractor. A complete document collection is handed over to both parties.
On the basis of the documented papers, a lump sum detail fee of € net is determined for the construction project. The consideration of the VAT depends on the legal regulations for the building project and/or the client.
- Payment plan
The partial payments are due by the client in accordance with the form “completion confirmation for lump-sum contracts” (see section 5 para. 1). The estimation shall be carried out jointly by the authorised representative of the client and the contractor. The corresponding authorised representative of the client shall be appointed by the client to the contractor prior to the start of construction. This can only be revoked in writing if a replacement is named at the same time. The authorised representative must contact the contractor’s construction supervisor twice a week to confirm completion or after consultation. If the completion confirmation approaches an amount which triggers payment, the time for payment shall be determined by mutual agreement. This date shall then be the date of the invoice of the corresponding advance payment. If the client’s authorised representative does not respond accordingly or if a substitute authorised representative is not named and an advance payment is due, the contractor’s construction supervisor may unilaterally carry out the corresponding assessment and call off the corresponding amount.
Standard payment plan (deviations possible, actual agreement; see appendix “Payment plan for lump sum”, point 5, paragraph 1):
- payment for construction site equipment
- payment completion 20 % net
- payment completion 40 % net
- payment completion 60 % net
- payment completion 80 % net
- payment completion 95 % net
- payment on approval 100 % net
4. payment terms and discount
Payment terms and cash discount periods are contractually specified in the form “Payment plan for lump sum”. Deductions due to alleged damages are only permitted at the time of the last payment and acceptance.
- Changes of details
All changes to dimensions or type of execution based on a client’s request shall only be executed if a written order for the change has been received from the client. This order can also be a reduction in performance. The financial effects of such changes shall be determined in accordance with the calculation of the lump sum or, and if this is not possible, it must be done by supplement based on the actual expenses and, after consideration of the order, shall be added or deducted accordingly at the next due advance payment. They shall be clearly named and separately listed in the corresponding invoice.
- Attachements/Documents
- payment modalities: For points 2 and 3, the form “Payment plan for lump sum” will apply and will be part of the contract signed by the client and the contractor.
- payment initiation: Form “Completion confirmation for lump sum contracts” will apply.
General technical conditions of contract
Artificial rocks:
In principle, the material of our sprayed artificial rocks corresponds to that of base plaster / cement plaster and thus has all of its structural properties, therefore it is also not waterproof against pressurized water. Non-pressurized water will not affect the material, except for normal wear and tear caused by permanent wash-over, but without damage. Cracks can occur in all cement-based construction methods, as screed, concrete and our matrix are largely based on the same basic principles of concrete technology as for floor surfaces and other cement-bonded flat building elements. This applies also to artificial rocks. Thus, cracks are not always a defect but only if there is a formally correct notice of defects indicating the proven manufacturing defect. Between artificial rocks and adjoining components there is or will be a production-related construction gap, which does not need to be treated. Within the first six months lime efflorescence may occur on the surface. Likewise, the surface, like natural rocks, too subject to weather and environmental influences, which can cause color and structural change of the surface. Particularly with objects in whose use the wash-over of water is included, surface changes are unavoidable. In this regard, we point out that the use of any additives in this water can contribute to significant changes to the object and the impairment is not necessarily limited to the surface of the object. These changes are not a defect. Bolted handles on boulder walls are to be checked for firmness at regular intervals of three months.
Environmental influences and their effects on plant arrangements:
The materials used by us are, for the most part, naturally grown plant parts which are preserved by us in specific procedures adapted to the product or on the other hand from products made using organic chemistry. These materials are not subject to any standards and have grown in appearance as naturally grown or approximate, as naturally grown.
The UV radiation contained in natural sunlight, which cannot be eliminated completely, even by glass panes, and UV radiation from artificial light sources, are fundamentally harmful to the colors of these products. The locations of our products should therefore be chosen so that the lowest possible UV radiation occurs. Fading and color changes due to UV radiation are therefore not a deficiency. The leaves of outdoor plants should be replaced annually with our repair kit because of the stress and effects of wind, snow, rain and changing temperatures
Drying effects:
Trunks and branches of object trees are basically natural products. As with all timber, drying cracks can occur on these due to particularly intensive dehydration. These cracks are no defects. If these cracks impair the appearance of the object to such an extent that it does not seem acceptable to the client, we are happy to advise you to laminate these cracks. The necessary materials can be obtained from us.
Furthermore, individual pieces of bark can come off. These can be re-glued without any deterioration of the object with commercially available adhesives. This is not a defect.
Sagging of branches:
A slight lowering of the branches through their own weight and possibly attached foreign material also represents no shortage. Sagging of branches, the cause of which is to be sought in the connection branch – trunk can be solved with simple steps, which we explain on request. This is not a defect.
Repair by the client:
The aforesaid repairs carried out by the customer according to our instructions and using the materials supplied or proposed by us, have no influence on the statutory liability of KaGo. However, no liability is accepted for these repairs themselves.
Special features of stabilized plants:
Basically, the exposure to UV radiation is even more pronounced for stabilized plants than for other plant parts. Stabilized plants are preserved, naturally grown plants. Natural products are fundamentally subject to an aging process. This process is extremely slowed down by the stabilization. This slowdown can counteract adverse environmental conditions at the plant’s site and accelerate the natural, extremely slow aging process. Stabilized plants should therefore not be exposed to any conditions that under run or exceed the following parameters:
Relative humidity above 75%, temperature below 4 ° C, above 45 ° C and particularly large temperature fluctuations such as those that can occur when structural alternative works within buildings (switching off heating, large, long open openings in the outer wall, etc.). Results of this aging process are not a defect.
Site Features:
The special characteristics of our product have the consequence that often short-term, sometimes aesthetically reasoned decisions must be made. This requires the direct contact of KaGo with a decision-maker. It is therefore necessary for us at start of execution to name a corresponding person who is proficient in the German language and has power of decision. For the execution of work we need at construction site the following connections: Water and power supply (380V / 32 A / 230V) not more than 50 m from the place of work. The workplace is the location of the mixing plant. The positioning of a waste container which is filled by KaGo exclusively with safe waste. Sheds for raw material (see also form on construction site).
Environmental influences:
Trouble-free artificial rock work is only possible between 10 ° C – 25 C ° at the installation place. Below 10 ° C – 0 ° C, work is only possible to a limited extend and, for longer periods of time below 5 ° C, no longer economical. This also applies to the conditions that must prevail at the material storage location; but the effects are not so serious. Temperatures below 0 ° C, over a longer period, can make work impossible. Expenses of KaGo, which are necessary to influence these circumstances positively in the sense of the execution, are no ancillary services and need to be commissioned by the client.
Additional benefits:
Ancillary services are services that are covered by the offered prices.
1. Setting up and clearing the site including the equipment and the like.
2. Provision of the site equipment including the equipment and the like.
3. Measurements for the execution and invoicing of the works, including the provision of the measuring instruments, gauges, markings, etc., the maintenance of the gauges and markings during the execution of the construction and the allowance of the workforce, but no services according to VOB / B, § 3 No. 2 ,
4. Protection and safety measures according to accident prevention regulations and official regulations, except for services according to VOB / C DIN 18299 section 12.2.1.4. and section 12.2.1.5.
5. Lighting, heating and cleaning of the living and sanitary facilities for the contractor’s employee. Supplying water and energy from the connection points provided by the client at the construction site to the points of use.
6. Material supply
7. Provision of small appliances and tools.
8. Transporting all substances and components, even if they have been provided by the client, from the storage sites at the construction site or from the transfer points specified in the specifications to the points of use and any return.
9. Safeguard work against rainwater that is normally expected and its eventual elimination.
10. Disposal of waste material from the contractor’s area and remove the contaminants resulting from the work of the contractor.
11. Disposal of waste from the area of the client up to an amount of 1m³, as far as the waste is not polluted.
12. Cleaning the surface of dust and loose parts.
13. Preparing the matrix and stocking all necessary equipment.
14. Template of ready-made color samples.
15. Subsequent work, except work according to VOB / C DIN 18299 section 12.2.2.5.
16. Simple protective measures further than 5 m from the site of the artificial rock by hanging with plastic film or painter’s fleece to protect components, eg. doors, windows from contamination and damage by spraying of matrix, including the required material, with the exception of protective measures according to VOB / C DIN 18299 section 12.2.2.7.
Special services are services that are not part of the contract:
1. Measures according to sections 3.1 and 3.3. VOB / C DIN 18 299
2. Supervision the services of other entrepreneurs.
3. Fulfillment of tasks by the client regarding the planning of the execution of the construction project or the coordination according to the construction site ordinance.
4. Preventive measures for accident prevention for the benefit of other entrepreneurs and health protection for employees of other companies.
5. Special protection and safety measures when working in contaminated areas, e.g. metrological monitoring, specific accessories for construction machinery and equipment, secluded work areas.
6. Special protective measures against weather damage, flood and groundwater, except for services provided for in section 12.1.1.10.
7. Insurance of the performance in favor of the client until acceptance or insurance of extraordinary liability risks.
8. Special testing of substances and components supplied by the client.
9. Setting up, maintaining, operating and eliminating facilities for securing and maintaining traffic on the construction site, such as building fences, protective scaffolding, auxiliary structures, lighting, facilities for guiding the traffic.
10. Installation, provision, operation and removal of facilities outside the construction site for rerouting and regulation of public and local traffic.
11. Provision of parts of the site equipment to other contractors or the client.
12. Special measures for reasons of environmental protection, state and historic preservation.
13. Dispose of waste exceeding the services specified in sections 12.1.1.11. and 12.1.1.12.
14. Special protective facilities of the service requested by the client for early use, their maintenance and later elimination.
15. Removing obstacles
16. Additional measures for further work in case of frost and snow, as far as they are not incumbent on the contractor anyway.
17. Special measures for protecting and securing of endangered structures and neighboring buildings
18. Securing pipes, cables, drains, channels, landmarks, trees, plants and the like.
19. Provision of accommodation and storage facilities if the client does not provide rooms which can be made easily lockable.
20. Erecting and dismantling and provision of scaffolding, mobile and stationary.
21. Elimination of unsuitable surface textures of the material before direct application of the matrix. Especially if surfaces are too smooth, oily or icy.
22. Subsequent work, as far as it cannot be carried out in the course of the other work, in artificial rock work on the same component, as well as subsequent covering of slots and recessed openings.
23. Dismantling of artificial rocks, contractual and approved for execution.
24. Special measures for the protection of components and fittings as directed by the respective owner, such as masking of windows, doors, tiles, fittings, other stainless steel parts, glassware, anodized parts, covering of finished floor, dustproof covering of sensitive equipment and technical equipment, protective covers , Protective coatings, dust walls or similar, including delivery of the necessary materials. For execution by KaGo & Hammerschmidt, the statutory provisions of the service contract apply to this work.
25. Cleaning the surface of coarse dirt, such as plaster residues, mortar residues, paint residues, oil, as far as these have been left by other entrepreneurs. For execution by KaGo & Hammerschmidt, the statutory provisions of the service contract apply to this work.
26. Producing samples, sample areas, sample designs and models.
27. Providing static and physical evidence.
28. Create system plans.
29. Making and / or adjusting recesses as far as this cannot be carried out in the course of the remaining work.
30. Development and / or replacement of cladding elements for the services of other contractors. For execution by KaGo & Hammerschmidt, the statutory provisions of the service contract apply to this work.
31. Subsequent processing and / or retrofitting of parts.
32. Manufacture of auxiliary structures in the area of ceilings and walls to accommodate installation parts, lighting fixtures and others
33. Making connections to other components, connection, movement and building of separation joints
34. Sealing joints between artificial rocks and other components with acrylic or silicone.
35. Manufacture and assembly of auxiliary structures of wood or mild steel.
36. Dyeing of matrix according to the client’s wishes.
37. Admixing of glass fibers.
Invoicing/ site measuring: (based on VOB / C)
Invoicing is based on m² and, if available, calculated as per drawing. Apart from that, the basis for invoicing is as much as possible a mutual and thus also binding site measuring of KaGo and a vicarious agent of the client with appropriate competence or the client himself. Subsequent changes to the mutual site measuring are inadmissible.
If KaGo & Hammerschmidt has invited for mutual site measurement and if the client does not set a deadline within the deadline sufficiently specified by KaGo, then in the event of a contradiction to the unilateral size measuring, the client must draw up and submit his or her own verifiable measurement. Therefore, this measurement should be structurally applied in the same way as the measurement made by KaGo for comparability.
Irregular components are resolved into simple, geometric shapes. The following shapes are used: rectangles, trapezoids, triangles, circular areas, spheres, pyramidal surfaces or conical surfaces. The calculation does not go beyond the calculation of simple geometry.
The surface to be invoiced is the actual rock surface. In a first step, the sectioning of the total surface into reasonable surfaces (rectangle, triangle, trapeze, cylinder, etc.) must be determined. After that the expected shape of the surface has to be defined and the corresponding surface calculation formula (rectangle, triangle, trapezoid, cylinder, etc.). This results in the dimensions to be measured (lengths, widths, radii, heights, etc.) required for the surface calculation. After determining these, the appropriate lengths are to be determined with a suitable measuring tool and expert helpers. If a value cannot be set with sufficient accuracy by a single measurement, several values must be determined by repeated measurements from which an average value for the corresponding reach is then calculated.
Thereafter, the determination of an average measurement formed out with a depth gauge for the measured area provides the basis for the texture coefficient. For this purpose, with a straightedge of approx. 1 meter, take the average of several depth gauge a corresponding to the size of the areas and determine their average value by adding the measurements and dividing by the number of measurements.
average value depth measure-ment Associated texture coefficient
Up to 2 cm 1,00
2 – 4 cm 1,10
4 – 9 cm 1,25
9- 14 cm 1,30
14 – 20 cm 1,45
For tapered components, which have more pyramidal shapes, the corresponding formulas are to be used for the calculation of pyramids. For forms that show the shape of cones (mountain peaks, etc.), a radius is calculated as an average of 4 measurements and a height h from the intersection of the outlines of the rock formation, which becomes the formulas
S² = r² + h² and M = π * r * s.
These measured areas are multiplied by the texture coefficient taken from the table above.
Material for backfilling is invoiced according to bag, m³ or t. Calculation basis is the respective delivery notes for ready-mix concrete, otherwise records by the workers (hours, daily reports) by KaGo & Hammerschmidt.
Recesses up to 2.50 m² are over-measured, so there is no measuring of the soffits/overhanging. Exceptions are soffits with a depth greater than 30 cm. Recesses exceeding 2.50 m² are deducted.
Dismantling and subsequent processing of any kind, due to lack of advance payment or changes to already completed surfaces or changes on the customer’s request, bwill be invoiced on a T&M basis.
Special Technical Terms of Contract
Details of the construction site:
Site location, environmental conditions, accessibility and nature of the access road and any restrictions on its use. Type and location of the structures, e.g. also quantity and height of the storeys. Traffic conditions at the construction site, in particular traffic restrictions. Areas to be kept free for traffic. Distance from the place of use, type, properties of supply and conditions for availability of in-and outlets for water, energy and wastewater. The location and extent of the spaces, rooms, provided to KaGo for the performance of their services for use or shared use. Special environmental regulations. Special requirements for disposal, e.g. special restrictions on the disposal of waste water and waste, see form “construction site information”. Nature and extent of the protection of trees, existing plants, vegetation areas, traffic areas, components, structures, landmarks or others in the field of construction site. If necessary, measures taken in accordance with the construction site ordinance. Special orders, regulations and measures of owners (or other authorized persons) of pipelines, cables, drains, canals, roads, paths, waterways, tracks, fences and the like in the construction site area. Type and timeframe of the preparatory work initiated by the client. Works of other contractors at the construction site. Changes in the method of performance of the services resulting from special circumstances whose cause is to be found in the aforementioned conditions shall be borne by the client.
Details of execution:
Scheduled work phases, work stoppages and restrictions by type, location and time as well as dependency on the services of others.
Particular difficulties during execution, e.g. work in areas where operations are continuing, work in the area of traffic routes or exceptional external influences. Special requirements for site equipment and disposal facilities, e.g. container for waste separation. Installation and dismantling as well as provision of the scaffolding, which are not ancillary. Shared use of third-party scaffolding, hoists, elevators, common and storage rooms, facilities and the like by the contractor. Type and scope of the verification of suitability and quality required by the client.
Services for other contractors. Invoicing according to specific drawings or scales. Details of the construction site and details of execution are requested from the client before the offer is made by KaGo by using a form. These details become part of the contract.
Hourly wage work:
Hourly wage work must be commissioned in writing and only accrues if it is not part of the commissioned work and cannot be adequately described, or if the necessity of
execution does not allow the procedure of an amendment, or if services are considered exceptional for the business operations of KaGo.
Hourly wages are invoiced according to the following prices.
Foreman € 67, –
Skilled worker € 59, –
Worker € 53, –
Note for consumers:
Cancellation policy and right of withdrawal
If you are a customer according to German Civil Code (BGB) § 13 and have a right of withdrawal as per BGB, you can revoke this contract within 14 days without giving reasons.
The cancellation period is 14 days from the date of the contract.
The period shall not start before the receipt of this textual instruction.
To exercise your right of withdrawal, you must contact the company
KaGo & Hammerschmidt GmbH
Bayreuther Str. 20
95632 Wunsiedel Ot. Schönbrunn
Tel. 09232 / 88191-0
Fax 09232 / 88191-22
Email: info@felsen.de
by means of a clear statement (e.g letter, fax or e-mail) about your decision to withdraw from this contract.
To comply with the withdrawal period, it is sufficient that you send the declaration on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this contract, we will immediately refund any payments we have received from you.
In the case of cancellation, you must return all services that you have received from us before the cancellation.
If the return of a service is excluded by its nature, if any used construction materials cannot be removed without destruction, shall have to be paid compensation for their value.
Technical Description:
1. Materials in use
The matrix we use is similar to concrete or cement mortar in its ingredients. It consist of mineral and sometimes also of artificial aggregates (glass fibers) and, on request, are also dyed by the manufacturer. Cement is used as binder. These ready mixes are offered by different manufacturers and, based on our many years of experience with the products, we have a precise overview of which variety, by which manufacturer, for which use is best. However, these ready-mixed mixtures do not have the same recipe as the DIN-defined formulations of concretes and mortars. The manufacturer’s leaflets regarding the matrix used can be obtained from us in copy.
1. The order is carried out in several steps:
2. Basic application with a thickness of min. 1 cm
3. Application of the modeling layer again, about 4 cm
4. After a short setting phase, the material can be shaped and worked on for about 4 hours
5. After modeling, the setting process begins again and changes into curing process.
6. After one day, weather-dependent, curing and drying have so far advanced that the coloring can be done.
EPS (Styrofoam, Styrodur) is used in standardized blocks and roughly shaped according to our design specifications, covered with glass fiber fabric and then covered with matrix. See also fire protection.
The steel rods used by us (6 and 8 mm ⌀) are chosen according to your requirements. Lowest quality grade is galvanized steel. In case of higher requirements due to the environmental impact, however, it is also possible to use steel that is stainless (1.4301 CrNi, 1.4401 CrNiMo). For galvanized rods, no special grade of steel is required. Only the ductibility and weldability of the wire must be ensured. As a result, the welded points are not subject to any special requirements. In case of stainless steel rods, there is no special requirement regarding the hardness of steel, as only corrosion resistance is important. Welding certificates are not required.
For the coloration we use standard facade colors from well-known German manufacturers (Brillux etc.).
2. Coloring (color design)
Colorings are designed by us and thus not homogeneous. A uniform color application is insignificant, but special shades and color effects. We also use painting techniques (dabbing, wiping, etc.) that are not used in the usual application of paint. Of course, we comply with the specifications given by the manufacturers of the colors we use in terms of processing. Because of our special reasons DIN 18 363 VOB / C is not applicable.
By applying special substances, the artificial rock can be made more resistant to excrement and urine and also facilitate cleaning. Likewise, by treating the artificial rocks water-repellent properties obtained. Waterproofness is technically not feasible.
3. Cracks in cement-bonded flat components (slaps)
Cracks can occur in all cement-based construction methods, as screeds, concrete and our matrix are largely based on the same basic principles of concrete technology as for floor surfaces and other cement-bonded flat building elements. Also for artificial rocks.
Cracks in hardened concrete or screed or other cement-bonded sheet-like components occur when tensile stresses caused by residual stresses, coercion and / or external stress reach the tensile strength of the concrete or screed or matrix existing at that time. The guidelines of technology used in the planning and execution of cement-bonded sheet-like components include a series of measures in the leaflets of the preparation of the matrix, which counteract the occurrence of cracks. Planners and executers are required to act with special care. According to practical experience, however, cracks in sheet-like components also occur if the applicable co of the leaflets were observed during manufacture. Cracks in concrete / screed and matrix cannot always to be avoided. Cracks do not necessarily mean a deviation from the “state of technology”.
For further information please refer to:
http://www.dft-bremen.de/filestore/150/merkblattrisseinindustrieboeden.pdf
4. Application and assembly instructions
The matrix can be applied down to a temperature of 5 ° C. But it will lengthen the setting times. The matrix is applied either directly on the surface to be covered or on building aids made of welded steel rods ⌀ 6 u. 8 mm, mesh size as required 20 – 50 cm which is covered with a fiberglass or thin wire fabric. Two layers are applied, a base layer and a modeling layer. The applied total thickness is 4 cm min.
The construction aid made of steel wire basically does not constitute load-bearing constructions with construction supervision and therefore no welding certificate is required for the welding work carried out thereon according to:
• DIN 18800-7 “Steel structures and manufacturer qualification”
• DIN EN 287-1 “Welders steel”
• DIN EN ISO 5817 “Fusion welded joints on steel,
• DIN EN 1090 for welding companies.
For the matrix, storage areas are to be provided that are frost-free, and warmer than 5 ° C. Matrix below 5 ° C cannot be processed and may be the cause of a notice of delay and disruption to the work if this was not expected in the calculation. This also applies to temperatures below 5 ° C l at the construction site. For the setting process, direct sunlight or high heat for an extended period of time, other cementitious materials have to be countered, e.g. by moistening, etc. Since the structure does not provide corrosion protection for the steel substructure, because it is not enclosed as in reinforced concrete, stainless steels must be used under suitable environmental conditions. Alternatively, the entire construction can also be backfilled with lean concrete.
Adjoining components must be protected by the responsible owners or clients up to a distance of 5 m to the planned artificial rock works against matrix splatter and welding damage (see VOB Part B § 4 Abs. 5). Failure to comply with this requirement entitles KaGo & Hammerschmidt to the notice of delay and disruption to the work. If we are commissioned with the performance of such work, we assume no liability for the effectiveness of the protective measures and for consequential damage to the components to be protected.
For protective measures that are created on behalf of and under the direction of the owner or AN, the statutory rules of the service contract apply.
5. Care instructions for artificial rocks
In general the material of our sprayed artificial rocks corresponds to that of base plaster / cement plaster, colored with high-quality facade colors from well-known German manufacturers. Since this plaster in its original use is not subject to any significant mechanical stress, this also applies to our artificial rocks. For light stain, only pH-neutral detergents, soft brushes and no high pressure water jet should be used for cleaning. Only for annual cleanings, if absolutely necessary, high pressure and steam cleaners can be used. Depending on the intensity of the cleaning, it can be assumed that after a few years, the paint layer has worn off and needs to be renewed. Under no circumstances dirt mills or similar may be used on the pressure washer. The setting of pressure and heat should be checked before use a surface not to be seen to prevent that a new coloration is necessary after the first cleaning.
Please consider our artificial rock in such a way that it should represent a model reproduction of nature. Imagine that the artificial rock immediately after the production by us corresponds to that of a natural rock that was recently blasted out of solid rock. If this rock is left outside to nature, then, as our artificial rock, surface changes will occur at the natural rock due to environmental impact. When cleaning, you should always bear in mind that these changes only help to enhance the natural character of the surface. So please carry out cleaning work accordingly.
In cases of doubt or legal disputes the original German version shall apply.
