General Terms and Conditions


1. Applicability

All concluded contracts, product deliveries and other services are subject to the following terms and conditions. Deviating terms, amendments, subsidiary agreements or calls for tenders in accordance with the VOB (the German Construction Tendering and Contract Regulations) are only then binding if they have been confirmed by us in writing.


2. Contract Conclusion

Our offers are non-binding and without obligation. We reserve the right to make changes to our designs, constructions and features. The data, drawings and images of our designs, offers and brochures must be deemed as “proposed design concepts” that are non-binding unless otherwise agreed to.

With regard to the nature and quality of the delivered product, or of the products which have been installed entirely by us, only our product description in accordance with our specific offer and order confirmation applies.

The VOB (German Construction Tendering and Contract Regulations) in its latest version forms the basis of our transactions with regard to the construction or assembly services provided by us.

All drawings, sketches, images, calculations and written documents are our intellectual property for which we also reserve the copyrights. They may not be made available to third parties or used for other purposes without our written consent.

In the event that the property rights of third parties are violated during the production of a commissioned item through the use of drawings, patterns or other information provided by the client, the client shall exempt our company from any claims for compensation.


3. Delivery and Service

Manufacture, delivery and installation shall be at the client‘s expense.

The timely delivery and installation of our customized and artistically designed play equipment requires a timely written order, at least 6-8 weeks before the delivery date.

In order for us to install our play equipment, the client will need to set up an on-site stakeout and define the constraint points at the building site. The installation site must be accessible for a semitrailer weighing 15 tons. During the construction period, the client will provide a storage place for the play equipment components. The construction site must be prepared and free of fall protection elements such as sand, bark mulch or the like. The excavation material is to be disposed of by the client.

When we draw up our offers, we calculate for soil class 2-4, normal soil quality, without rubble, disused site debris or compacted clay soil.

For additional services, which are not part of the calculation, follow-up calculations and additional charges will be made in accordance with the outlay and the complexity of the work.

Delivery and installation dates are considered adhered to if the product is shipped or picked up within the time agreed upon. Partial deliveries shall be permissible to a reasonable extent. Events that are outside our sphere of influence such as force majeure, strikes, shipping delays by a pre-supplier, traffic or operations breakdowns, abnormal weather conditions, shortages of raw material or energy, etc. and that lead to the non-compliance of the installation deadlines, or the interruption of the installation work, entitle us to extend the shipment and installation times accordingly. The client may not launch a claim for compensation or damages in such cases.

Likewise, any changes to the play systems initiated by the client concerning the form, materials and/or size shall lead to a reasonable extension of the shipment and installation times.

Should the shipment or installation be delayed or cancelled by the client for any reasons that do not bear our responsibility, we are entitled to invoice the incurred costs for storage charges, call-out costs and travel expenses, for instance.

Should the shipment or installation be delayed for reasons that we are responsible for, claims for compensation can only then be made after the client has given us an appropriate grace period within which to comply and this grace period has passed without results.


4. Prices

The prices of our offers for complete packages apply from the date of the offer for  the following six months. If the suppliers’ prices change after this period, we reserve the right to adjust our prices accordingly.

The prices in our Classic Catalogue 2012 apply until further notice. They lose their validity at the latest upon publication of an expanded catalogue or newest version catalogue.

Our net price offers apply for product shipments from the Spreenhagen factory. The current VAT rate as well as costs for packaging, freight and postage will be added to the invoiced value of the goods.


5. Terms of Payment

In the case of complete packages (manufacture, shipment and installation), interim payments corresponding to the performance level are agreed to. All such partial payments are to be paid within 18 days of invoicing; all final invoices must be paid within 30 days of the billing date, without delay. In the case of invoices for complete packages costing up to a net amount of 10,000 €, payments should be made within 14 days. For higher amounts, it is agreed that payments must be made within 30 days of the billing date.

For payments made within a period of 10 days following the billing date, a discount of 2 % of the invoice amount will be granted. Complete packages for new customers, as well as product deliveries without installation services, especially with regard to shipments of products from the Classic Program, will only be delivered after advance payment has been made.

Should something else have been contractually agreed to, then the contractual agreement applies.

If a withholding sum has been agreed to in writing, it can be converted into a warranty bond after the work has been completed. The warranty bond is to be sent back to us if not used once the expiry deadline has passed. If the time allowed for payment has been exceeded, we are entitled to charge a default interest rate of 5% above the respective base rate of the European Central Bank. We are further entitled, in the case of default payment, to immediately end work at the building project after the deadline has been reached. If, after conclusion of the contract, we gain knowledge of facts indicating a substantial deterioration of the client‘s financial circumstances that could endanger our claim to payment, we can request a corresponding surety until payment has been made. If the client does not agree to this request we can cease working until the matter is clarified or withdraw from the contract completely. The work performed up until then must be remunerated by the client and a payment for damages for non-performance will be due.


6. Material and Complaints

We use durable materials which have been time-tested over many years including oak, larches and robinia wood, Nirosta A2 screws, ropes and nets made of cut-resistant Hercules rope and steel rope sheathed in polypropylene (PP). These materials offer long-term and low-maintenance services in the play area when professionally prepared and installed. Wood and wood-based materials are natural products. Their biological, physical and chemical properties must be considered. All natural differences in color, structure and other differences among wood types, as well as wind and dry cracks, are part of the natural properties of the materials used. According to DIN EN 1176//77, that standard currently in force, cracks do not present a danger, defect or grounds for a liability claim. The assembly of the constructive wooden posts is carried out using steel post anchors (hot-galvanized) that are lowered into the ground; the individual feet are made using C 20/25 cement.


7. Defects and Warranty

Upon delivery, obvious defects are to be immediately reported by the client to the carrier and noted on the bill of lading.

The warranty for our construction and installation service is 4 years as per VOB (the German Construction Tendering and Contract Regulations).

The warranty for material defects, moving parts that were additionally purchased by us, for example, ropes and nets as well as swing hangers, is 2 years.

The contractor reserves the right to determine the type and form of reworking efforts for the rectification of any justified warranty claim.

The client does not receive a guarantee from us in the legal sense unless a guarantee was agreed to in writing and purchased from us at an extra charge.

Routine inspections and maintenance are essential to protect the practical value of your investment.

Please observe our maintenance and care instructions and have routine maintenance carried out by trained personnel to ensure that you do not jeopardize your warranty claim. The maintenance and general inspections must be documented in case of a future warranty claim.


8. Liability for Damages

Liability claims, damages claims and claims for expenditures for breach of contract are limited to cases of intent and gross negligence.


9. Title Retention

Delivered and installed products remain our property until payment has been made in full.


10. Place of Fulfillment and Place of Jurisdiction

The place of jurisdiction, fulfillment and payment is the responsible court for our principal office. Should one or more provisions be or become void, the remaining provisions shall not be affected.


     The Management -   ZIMMER.OBST GmbH - Updated in 2013



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