General Terms & Conditions I AGB
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These General Terms and Conditions apply to all offers, quotations and services provided by WWS Bau GmbH through its business activities, including construction services, building works, project management, renovation, civil engineering, site supervision, security services, guarding, property protection, event security, and related services described on its website.
1. Definitions
1.1 Company means WWS Bau GmbH.
1.2 Customer means any natural or legal person acting in the course of a business, trade or profession.
1.3 Services means any construction works, building services, renovation, civil engineering, project coordination, site management, security services, guarding, monitoring, patrol services, access control, event security and related services provided by the Company.
1.4 Site means any construction site, property, premises, building, event location or area where Services are performed.
1.5 Order means the Customer request for Services, including via email, website contact form, tender, written instruction or other agreed channel.
1.6 Agreement means the contract concluded between the Company and the Customer for the provision of Services, incorporating these General Terms and Conditions and any written order confirmation, quotation, construction contract, statement of work, security concept or service schedule.
2. Scope and application
2.1 These General Terms and Conditions apply to all business relationships between the Company and the Customer.
2.2 Any Customer terms are excluded unless the Company expressly agrees in writing.
2.3 If the Company provides Services without objection despite knowledge of Customer terms, this does not constitute acceptance of those terms.
3. Nature of the website and enquiries
3.1 The website content is provided for information and business contact purposes. It is not a binding offer.
3.2 Submitting an enquiry through the website contact form does not create an Agreement. An Agreement is formed only in accordance with Section 4.
4. Formation of the Agreement
4.1 Quotations are non binding unless expressly stated otherwise in writing.
4.2 An Agreement is formed when the Company confirms an Order in writing, commences performance following an Order, or the parties sign a separate written agreement.
4.3 The Company may require project documentation, construction plans, technical specifications, security concepts, risk assessments, site access details, permits and safety documentation as a condition to accepting or performing an Order.
5. Service description and performance
5.1 The scope of Services follows the Agreement.
5.2 Time schedules, construction timelines, completion dates and deployment schedules are binding only if expressly confirmed as binding in writing.
5.3 The Company may use subcontractors and third party service providers for performance of Services. The Company remains the contractual counterparty of the Customer unless expressly agreed otherwise.
5.4 The Company may make operational or technical changes that are reasonable, necessary due to site conditions, structural requirements, safety regulations, official orders or risk assessments, provided that the core purpose of the Agreement remains achievable.
6. Customer cooperation obligations
6.1 The Customer shall provide complete and accurate information required for performance, including site plans, structural data, technical requirements, security risks, access points, contact persons and working hours.
6.2 The Customer shall obtain and provide all necessary permits, building approvals, usage permissions, security clearances and authority notifications unless contractually assigned to the Company.
6.3 The Customer shall ensure safe and unobstructed access to the Site and inform the Company of hazards, underground lines, structural weaknesses, restricted areas or special regulations.
6.4 If Services are delayed or made more costly due to Customer omissions, incorrect information, late instructions, site conditions or third party interference attributable to the Customer, the Company may charge resulting additional costs and reasonable standby time.
7. Construction requirements and security conditions
7.1 For construction Services, the Customer is responsible for ensuring that the Site is suitable for the agreed works, including soil conditions, structural integrity and availability of utilities, unless otherwise agreed.
7.2 For security Services, the Customer shall provide accurate information regarding risks, prior incidents, valuable assets, expected visitor numbers and any specific threat scenarios.
7.3 The Company may refuse to perform Services if safety risks, legal violations or unacceptable working conditions are identified.
7.4 Any materials, equipment or technical systems provided by the Customer must comply with applicable legal and safety standards.
8. Changes, variations and additional works
8.1 Construction projects may require variations or additional works due to unforeseen circumstances or regulatory requirements. Such variations shall be agreed in writing where possible and may result in price and schedule adjustments.
8.2 Security Services may require adjustments in personnel numbers, deployment hours or security measures depending on risk assessments or event developments. Additional costs may apply.
8.3 If urgent measures are required to prevent damage, danger or legal violations, the Company may act without prior written approval and charge reasonable costs.
9. Acceptance, inspection and claims
9.1 Upon completion of construction works, the Customer shall carry out formal acceptance without undue delay. Partial acceptance may apply for separable works.
9.2 Security Services shall be deemed accepted if no written objection is raised immediately after performance or within [insert] working days for ongoing services.
9.3 Claims for defects must be notified in writing without undue delay and include sufficient detail for investigation.
9.4 If the Customer fails to notify defects within the applicable period, claims may be excluded to the extent permitted by law.
10. Prices, fees and additional charges
10.1 Prices are as stated in the quotation or order confirmation.
10.2 Unless stated otherwise, prices are exclusive of VAT and third party costs such as permit fees, authority charges, inspection fees, material price surcharges or special equipment rental.
10.3 Additional charges may apply for overtime, night work, weekend work, urgent deployments, weather related interruptions, additional security staff, restricted site access or requested changes not included in the agreed scope.
11. Invoicing and payment
11.1 Invoices are payable within 30 days from invoice date unless agreed otherwise.
11.2 The Company may issue partial invoices according to project progress or agreed milestones.
11.3 In case of payment default, statutory interest and collection costs may be charged.
11.4 The Company may require advance payments, performance guarantees or security deposits for larger projects or increased risk exposure.
12. Retention rights and suspension
12.1 The Company may suspend Services if due payments are not made or if safety or legal compliance is jeopardized.
12.2 Where legally permissible, the Company may retain construction materials, documentation or equipment supplied until payment is received.
13. Risk transfer and site responsibility
13.1 For construction works, risk transfers upon acceptance unless mandatory law provides otherwise.
13.2 For security Services, the Company does not assume general property risk but performs agreed monitoring and protection duties with due professional care.
13.3 The Customer remains responsible for overall Site safety and legal compliance unless expressly transferred.
14. Third party rights and indemnification
14.1 The Customer represents that it has all necessary rights and permissions for the planned works and security measures.
14.2 The Customer shall indemnify the Company against third party claims arising from unlawful instructions, missing permits or incorrect information, unless the Company is responsible.
15. Insurance
15.1 The Company maintains statutory liability insurance in accordance with legal requirements.
15.2 The Customer remains responsible for insuring buildings, materials, equipment and valuables unless otherwise agreed.
15.3 The Company does not provide insurance advice.
16. Termination and cancellation
16.1 Orders may be cancelled only with Company written consent. Cancellation fees may apply reflecting reserved personnel, subcontractors and preparatory work.
16.2 In case of long term projects or security contracts, ordinary and extraordinary termination rights follow statutory provisions and contractual agreements.
16.3 The Company may terminate or suspend Services in case of material breach, safety violations or unlawful instructions.
17. Force majeure
17.1 Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, extreme weather, fire, war, civil unrest, strikes, governmental measures, building authority orders or supply shortages.
17.2 The affected party shall notify the other party without undue delay and mitigate impacts where possible.
18. Liability
18.1 The Company is liable without limitation for intent, gross negligence and injury to life, body or health.
18.2 In cases of ordinary negligence, liability is limited to breach of essential contractual obligations and to foreseeable typical damage.
18.3 Liability for indirect loss, loss of profit, business interruption or pure financial loss is excluded to the extent permitted by law.
18.4 Statutory liability provisions for construction defects remain unaffected.
18.5 Liability limitations also apply to employees, representatives and subcontractors.
19. Compliance and safety
19.1 The Customer shall comply with applicable construction laws, workplace safety regulations, security regulations and official requirements.
19.2 The Company may refuse unlawful or unsafe instructions.
19.3 Security personnel are not authorized to exercise sovereign powers beyond legal permissions.
20. Confidentiality
20.1 Each party shall keep confidential all non public business and security related information.
20.2 Exceptions apply for publicly available information or legally required disclosures.
20.3 Confidentiality obligations continue for 2 years after termination.
21. Data protection
21.1 The Company processes personal data in accordance with applicable data protection law and its Privacy Policy.
21.2 Where security Services involve video surveillance or access control systems, data processing shall comply with applicable legal requirements and may require separate agreements.
22. Technical systems and equipment
22.1 If the Company provides access control systems, monitoring technology or construction related technical tools, usage rights are limited to the agreed contractual purpose.
22.2 The Customer shall not modify or misuse such systems.
22.3 Availability and service levels apply only if expressly agreed.
23. Intellectual property
23.1 All intellectual property rights in construction plans, security concepts, risk assessments, methods and documentation remain with the Company unless otherwise agreed.
23.2 The Customer may use such documents only for the agreed project.
24. Notices
24.1 Notices must be made in writing to the contact details stated in the Agreement.
24.2 Email is sufficient unless stricter form is required by law.
25. Assignment
25.1 The Customer may not assign rights or obligations without prior written consent.
25.2 The Company may assign receivables to third parties.
26. Severability
If any provision is invalid, the remaining provisions remain effective. The parties shall replace the invalid provision with a valid provision reflecting the original intent.
27. Governing law and jurisdiction
27.1 These Terms and any Agreement are governed by the laws of the Federal Republic of Germany, excluding conflict of law rules.
27.2 Exclusive jurisdiction is Berlin, to the extent permitted by law.
28. Language
These Terms may be available in multiple languages. In case of inconsistency, the German version shall prevail.